My fiance and I need help

getkimhome

New Member
I am a US citizen living in NY. My fiance was denied entry into the US on 9/08 after an intense interrogation. She never over stayed her visa in the past. She was asked to give her lap top over, the officer went through her files and and discovered a resume that had indicated that she worked as a baby sitter in US for a friend and was only compensated for cab fare and to bring the children to doctors.
Long story short, I am in the process of filing a K-1 and speaking to many attorneys, I must have spoke to about 20 or so. I get couple of different stories , by the way she lives in Costa Rica not sure if that changes anything:
1) file a K-1 and should be much of an issue. It was not a major violation.
2) File a K-1 and then a 601 waiver if she gets denied.
3) file a k-1 and then a 212 waiver since it was not a major infraction if she gets denied.
4) File a K-1 and file a 601 together since she will get definitely denied.

Any assistance would be helpful I am not sure what action I should take. It has been as you could imagine very upsetting.
 
What was the denial of entry based on? Illegally working in US? Also, what type of visa was she previously on?
 
What was the denial of entry based on? Illegally working in US? Also, what type of visa was she previously on?

Her denial was based on her illegally working in the us, in the interogation transcript she only mentioned that she got compensated only for cab services which was needed to take the children to the doctors.
She was previously on a student visa, which she gave up to go back to Costa Rica, upon her return she applied for a tourist visa.
 
Any kind of work in which a US citizen can be paid for (regardless as to whether the non USC gets paid for it or not) is illegal if you dont have the appropriate visa. So the fact that she only got compensated for cab fares etc does not matter, as its the act of illegally working that is the big problem here.
 
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