Can I bring my fiance to the US on a K1 visa if she previously overstayed? 4 Answers as of February 14, 2011

I met my fiancee three and a half years ago. She is from Argentina and she was here on a J1 visa as an au pair. We fell in love and couldn't stand the thought of being apart. Anyway we were convinced that it was not a big deal to overstay her visa as long as she was not breaking the law in any other way. After 14 months of overstaying she voluntarily returned to her family in Argentina on 12/6/08. We talked every day while we were apart (thank God for Skype). I worked and saved my money for nine months until I finally had enough money to sustain us for a while. I quit my job and went to visit her. we traveled around south America for seven months before I ran out of money and was forced to return home. Before I left, I proposed to her and we were more motivated than ever to spend the rest of our lives together. I started the petition for the K1 visa as soon as I got home. Five months later the petition was approved and everything seemed to be going well, however recently we have been preparing the papers for the visa application and the hard questions came up about visa overstays. Now after everything when we were seemingly so close, we are being told that it is not even worth finishing the application because it will be denied, and that she will be barred from the U.S. for a total of ten years! I have never felt so helpless in my entire life, this country is suppose to be about freedom. Now because of something so harmless, I will be pushed out of my own country for the next eight years in order to marry the woman I love. There must be something I can do. Please help me. I am desperate.

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JCS Immigration & Visa Law Office
JCS Immigration & Visa Law Office | Jack C. Sung
Your fiance can still come to the US, but you will have to submit an I-601 waiver with the K1 visa petition at the interview. The Embassy will need some time to review the waiver and make a decision. I-601 waiver is based on hardship to the US citizen/green card holder.
Answer Applies to: California
Replied: 2/14/2011
Carlos E. Sandoval, P.A.
Carlos E. Sandoval, P.A. | Carlos Sandoval
If they deny the petition it would be possible to file a waiver showing that if your wife is not allowed to return to the United States you would suffer extreme hardship!
Answer Applies to: Florida
Replied: 2/13/2011
441 Legal Group, Inc.
441 Legal Group, Inc. | Gareth H. Bullock
Well you can apply for a waiver for unlawful presence, getting it approved is not easy but not impossible. I am glad you found your soulmate don't give up.
Answer Applies to: Florida
Replied: 2/12/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
She will be subject to 3-10 years immigration bar. However, you can apply for waiver. Hiring an attorney to help with that is strongly recommended.
Answer Applies to: Florida
Replied: 2/12/2011
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