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B 1 visa and stayed over with A number and then withdrew the case. Now her fiancé american is going to apply a K 1 visa for her.

New York, NY |

I need a guide about the case: a girl cam to the US with B 1 visa, the I 94 was valid for 6 months, in fifth month she applied for an asylum. She stayed with an A number 10 months in the US and left the US voluntary before making a definite decision on her case. In fact, she withdrew it. for some reasons she had to return to her own country. Now her American Fiancee are going to apply a K 1 visa for her. Is that possible? or she has to prove that her withdrew apply was real? Thanks in advance for your answers.

Attorney Answers 3

  1. Best answer

    She definitely needs to consult and retain an immigration lawyer. Unfortunately, she created a somewhat sticky situation by applying for asylum and then voluntarily returning to her home country. Presumably, she has a valid explanation for that. However, a lawyer will ensure that the explanation is clearly and properly communicated to USCIS. She should not file for further immigration benefits without consulting an immigration lawyer if it is important for her to visit and/or live in the U.S. some day.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website:

  2. That American fiance shall hire an immigration attorney. It will be quite a difficult situation because of the filed and then withdrawn asylum application and the subsequent return to the hope country shortly after that.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

  3. They need a lawyer.

    She might have a 3 year bar ... requiring a waiver.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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