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.
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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.
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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 It will be quite a difficult situation because of the filed and then withdrawn asylum application and the subsequent return to the hope country shortly after that.
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They need a lawyer.
She might have a 3 year bar ... requiring a waiver.
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