They revoked her B2 visa under CFR 41.122(e)(3). She is engaged to a US citizen and he is now applying for a k1 visa for her. What would be some problems she could face? How long does it take to get a k1 visa? She resides in Brazil. Thank you
It will really depend upon why her visa was revoked. Depending upon why she was denied and admission and had her visa revoked, your friend may require a waiver. The fiancé visa process takes approximately 6 to 12 months to complete. Your friend should schedule a phone or Skype consultation with an experienced immigration attorney to discuss what happened in more detail.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.
"Brazil" could already be a "problem" in and of itself, for the simple (general) fact that Brazilian citizens are at the top of the list for revoked visas due to violations, fraud and etc.
Why was her visa revoked? The reason will determine the kind of "elevated scrutiny" she is due to face upon the K-1 visa interview at her home country US consulate in Brazil.
USCIS can take anywhere from a brief few moths to 7+ to a adjudicate the I-129/F petition, whereas the processing of the K-1 visa itself usually can take 1-2 months after USCIS approval, once the "National Visa Center" enters into the fray and issues "instructions".
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Was she perhaps thinking of getting married on this trip?
If she wasn't caught in a lie and accused of fraud, then she probably won't need a waiver.
It will take around 6-12 months before she can enter the US on a K-1.
PROFESSOR OF IMMIGRATION LAW for 10+ years -- All responses on this blog are 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.
Without a doubt, she will be scrutinized very closely for a possible fraud under the secondary scrutiny protocol.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline