K-1 visa
Jul 29th 2002, 2:20 pm
#1
Guest
Posts: n/a
K-1 visa
In 1998 my fiancé was expelled from the US when she tried to reenter using her
expired visa. She had overstayed her 6-month visa by approximately 8 months. They
offered her no copies of the paperwork; therefore we do not know her standing
with the INS.
Now, we are attempting to get her in the country, and to be together
as-soon-as-possible. I have been told to file the K-1 visa application. I have also
been told to file a freedom of information act request. Do I need to file both? If
yes, can I file both at the same time?
And, do I need a lawyer? I feel comfortable filing in the blanks. But is there more
to following the directions in this case.
Thank you.
Please respond to: [email protected]
expired visa. She had overstayed her 6-month visa by approximately 8 months. They
offered her no copies of the paperwork; therefore we do not know her standing
with the INS.
Now, we are attempting to get her in the country, and to be together
as-soon-as-possible. I have been told to file the K-1 visa application. I have also
been told to file a freedom of information act request. Do I need to file both? If
yes, can I file both at the same time?
And, do I need a lawyer? I feel comfortable filing in the blanks. But is there more
to following the directions in this case.
Thank you.
Please respond to: [email protected]
Jul 29th 2002, 2:20 pm
#2
Guest
Posts: n/a
Re: K-1 visa
On Sun, 28 Jul 2002 23:00:50 -0700, John M. wrote:
> In 1998 my fiancé was expelled from the US when she tried to reenter using her
> expired visa. She had overstayed her 6-month visa by approximately 8 months. They
> offered her no copies of the paperwork; therefore we do not know her standing with
> the INS.
That would be very important. It is possible that she was deported - in that case,
she would be banned from the US for five years. But since she does not have any
paperwork, it sounds as if she was simply denied admission, which does not have
any adverse immigration consequences. So you are right that it is important to
find out for sure.
Given that the five years would almost up, my guess is that she should be OK either
way, but it's still important to find out.
> Now, we are attempting to get her in the country, and to be together
> as-soon-as-possible. I have been told to file the K-1 visa application. I have also
> been told to file a freedom of information act request. Do I need to file both? If
> yes, can I file both at the same time?
The FOIA request is to tell you exactly what went on back then. You will need this
information before you can even figure out how to file the K-1.
> And, do I need a lawyer? I feel comfortable filing in the blanks. But is there more
> to following the directions in this case.
I think it is indeed a good idea to hire a lawyer to sort all this out. Find one
that is experienced with FOIA requests, that seems more important than
immigration law here.
> In 1998 my fiancé was expelled from the US when she tried to reenter using her
> expired visa. She had overstayed her 6-month visa by approximately 8 months. They
> offered her no copies of the paperwork; therefore we do not know her standing with
> the INS.
That would be very important. It is possible that she was deported - in that case,
she would be banned from the US for five years. But since she does not have any
paperwork, it sounds as if she was simply denied admission, which does not have
any adverse immigration consequences. So you are right that it is important to
find out for sure.
Given that the five years would almost up, my guess is that she should be OK either
way, but it's still important to find out.
> Now, we are attempting to get her in the country, and to be together
> as-soon-as-possible. I have been told to file the K-1 visa application. I have also
> been told to file a freedom of information act request. Do I need to file both? If
> yes, can I file both at the same time?
The FOIA request is to tell you exactly what went on back then. You will need this
information before you can even figure out how to file the K-1.
> And, do I need a lawyer? I feel comfortable filing in the blanks. But is there more
> to following the directions in this case.
I think it is indeed a good idea to hire a lawyer to sort all this out. Find one
that is experienced with FOIA requests, that seems more important than
immigration law here.
