Possible rejection/barred

C

cdrobin66

New Member
Hello
I am new to the group and I have a few questions. Sons aunt is from the philippines and ame to America on a k1 Visa. She how ever did not marry her fiancee. 2 years later she met a wonderful man and got married, had a child and began a family. Here husband began to attempt to adjust her status and adn USCIS informed her that she could have a temp work visa, and they began to adjust her status. Well during the hearing with Immigration officer, they were informed that she could have her status adjusted but only if she went home and came back with the correct Visa. So with in a weeks time, she and her family prepared she got a 30 day leave of absence, and she left for the philippines. Well 8 months later and with her 3 year old Son, she had her interview with the state department. The Visa Officer asked her only one question, "did you over stay your visa and did anyone extend your visa? The answer to his question was yes and no and the officer denied her and informed her that she was band for 10 years. My son's aunt is 8 months pregnant, and she is standing the US Embassy with her 3year old. She is crushed and her husband is devistated. My question is, is there anything she can do to salvage her situation?

Carl
 
Is your son's aunt your sister, or your sister in law? I find it unusual to mention her as your son's aunt. Anyway, complicated case, better talk to a lawyer. In retrospect it was probably not a good idea to go out of the country. I am not sure if there are ways (I think it was 245 or something like that in the past) to pay a fine for an overstay and then be able to adjust. Anyway, you can search for this information in the forum. If she is out of the country and with a 10 year ban, the situation doesn't look good at all. This is just my opinion, not legal advice. I don't think anyone in this forum is going to provide you with a silver bullet for this situation.

Anyway, please provide more interaction, because your post seems to me like it is SPAM. I find unusual that she got pregnant right before or at the time she went back to the Philippines. I find unusual that she takes a 30 day leave for an interview that is going to happen 8 months later. Could you get her husband to post in the forum so he can tell us his side of the story?

My 2 cents

My 2 cents
 
cdrobin66 said:
Hello
I am new to the group and I have a few questions. Sons aunt is from the philippines and ame to America on a k1 Visa. She how ever did not marry her fiancee. 2 years later she met a wonderful man and got married, had a child and began a family. Here husband began to attempt to adjust her status and adn USCIS informed her that she could have a temp work visa, and they began to adjust her status. Well during the hearing with Immigration officer, they were informed that she could have her status adjusted but only if she went home and came back with the correct Visa. So with in a weeks time, she and her family prepared she got a 30 day leave of absence, and she left for the philippines. Well 8 months later and with her 3 year old Son, she had her interview with the state department. The Visa Officer asked her only one question, "did you over stay your visa and did anyone extend your visa? The answer to his question was yes and no and the officer denied her and informed her that she was band for 10 years. My son's aunt is 8 months pregnant, and she is standing the US Embassy with her 3year old. She is crushed and her husband is devistated. My question is, is there anything she can do to salvage her situation?

Carl
Click to expand...
In these case ALWAYS consult a lawyer BEFORE leaving the country. Since that is not possible consult a lawyer instead of relying on advice given on this board.
 
Similar thing happened to friend of mine.It was lenghty process, but she was able to come to states.Folks in embassy are very tuff to deal with.Definelty get with laywer ,It cost my friend 3K to get lawyer to write to embassy.Thats how they got it resolved.It depends what year she was out of status.Also I think you need to get waiver from INS here that they dont have any objection for her to renter US.Hope this helps..Hang in there..
 
Screwed..

cdrobin66 said:
Hello
I am new to the group and I have a few questions. Sons aunt is from the philippines and ame to America on a k1 Visa. She how ever did not marry her fiancee. 2 years later she met a wonderful man and got married, had a child and began a family. Here husband began to attempt to adjust her status and adn USCIS informed her that she could have a temp work visa, and they began to adjust her status. Well during the hearing with Immigration officer, they were informed that she could have her status adjusted but only if she went home and came back with the correct Visa. So with in a weeks time, she and her family prepared she got a 30 day leave of absence, and she left for the philippines. Well 8 months later and with her 3 year old Son, she had her interview with the state department. The Visa Officer asked her only one question, "did you over stay your visa and did anyone extend your visa? The answer to his question was yes and no and the officer denied her and informed her that she was band for 10 years. My son's aunt is 8 months pregnant, and she is standing the US Embassy with her 3year old. She is crushed and her husband is devistated. My question is, is there anything she can do to salvage her situation?

Carl
Click to expand...

Carl,

Heartbreaking situation, but K visa is restrictive in nature. If you, JOE BUSH sponsor LAURA BUSH to come on a K visa from Prince Island, then upon coming to the US decides she want to marry Dick Cheney,instead of you JOE BUSH, she can't adjust he status in the US at all. Irrespective of her condition... :rolleyes:

She is screwed big time... she needed to have left the US upon her 90 days of being in the US and hope that this new hunk will sponsor her for a K visa, which US consulate would have denied or given her a hard time over it, very rare to be sponsored for a K visa twice within a 2 yr period... :eek: Unless you are in high demand to be married... :D

For now... she can't come to the US, unless he husband hires a hot shot immigration lawyer who can give USCIS hell and raise issues of spousal abuse to her husband. Not get laid is an abuse of your balls.. :eek: He husband is starved for affection because wife is a overseas and his american born son is being deprived of her father...who is in the US. Also, according to the logic of neoconservative, being alone can turn you into guy... let you lawyer argues that you enduring unnecessary hardship to your heterosexual life.. :D So, unless they want to adjudicate and help your case... :mad:
 
Al Southner said:
Carl,

Heartbreaking situation, but K visa is restrictive in nature. If you, JOE BUSH sponsor LAURA BUSH to come on a K visa from Prince Island, then upon coming to the US decides she want to marry Dick Cheney,instead of you JOE BUSH, she can't adjust he status in the US at all. Irrespective of her condition... :rolleyes:

She is screwed big time... she needed to have left the US upon her 90 days of being in the US and hope that this new hunk will sponsor her for a K visa, which US consulate would have denied or given her a hard time over it, very rare to be sponsored for a K visa twice within a 2 yr period... :eek: Unless you are in high demand to be married... :D

For now... she can't come to the US, unless he husband hires a hot shot immigration lawyer who can give USCIS hell and raise issues of spousal abuse to her husband. Not get laid is an abuse of your balls.. :eek: He husband is starved for affection because wife is a overseas and his american born son is being deprived of her father...who is in the US. Also, according to the logic of neoconservative, being alone can turn you into guy... let you lawyer argues that you enduring unnecessary hardship to your heterosexual life.. :D So, unless they want to adjudicate and help your case... :mad:
Click to expand...
Al,
Hahaha....LOL, LOLROF...hahaha...

What you said about spousal abuse made me crack-up.....tooo funny!!!
 
Did she try to get a temp work visa while back home? Hm... Not a very smart decision since it's a non-immigrant visa and if an applicant had violated immigration law before it's a no-no.
Let me ask you this — is her new spouse an American citizen? Green Card holder? If so he should of applied for her for an immigrant visa (I think it's K3 if my memory is correct).
K1 is very restrictive, it's true.
The best option is for her husband to find a good attorney in US. There must be ways to fix the situation since she has a kid here and another one is coming.
 
The core issue is that the "son's aunt" overstayed her K-1. On a K-1 you can go through AOS only by marrying the sponsor of the K-1. This may sound ironic but had the "son's aunt" married the original sponsor and went through a bad marriage that eventually collopsed, she would have been in much better shape than she is in today. I guess a K-1 is a double edge sword. You get it relatively easily and quickly (mine took less than 4 months), but it allows you to enter the US once only, and that too to marry one specific US citizen.
 
You must log in or register to reply here.
Top