Can someone who stayed in the US too long still get a visa? 5 Answers as of June 14, 2011

I am dating a women from Guatemala and she was in the US before but stayed too long then when she left they gave her a penalty of not coming back until march 2012 can we still get a k-1 visa to get married or do we have to wait until after the 2012 penalties for staying too long? Please help. I don’t know if Veterans get an extra bonus in this area but I am also a US Army Vet.

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Oltarsh and Associates, PC
Oltarsh and Associates, PC | Jennifer Oltarsh
It would be better to marry and directly apply for her permanent residence. I have been in practice in the immigration field for more than 40 years. I have handled cases with experience, integrity, and good effect. Please call me to discuss your case. The assigned number for your free case evaluation: 0613d. We offer payment plans with no interest.
Answer Applies to: New York
Replied: 6/14/2011
Eric M. Mark, Attorney at Law
Eric M. Mark, Attorney at Law | Eric Mark
The process of obtaining a waiver for her before March 2012 is going to be very long and difficult, and likely would not resolve before she is eligible to return. It would also require a showing of extreme hardship to you if she is not granted a visa that will be very difficult to obtain. You can certainly try to obtain a K1 now, but your money may be better spend by waiting.
Answer Applies to: New Jersey
Replied: 6/13/2011
Fong & Associates
Fong & Associates | William D. Fong
She will need a waiver to forgive the immigration overstay violation. It would be better still if you were married and she could show a hardship to a US citizen spouse.
Answer Applies to: Texas
Replied: 6/13/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
You being veterans is not going to help her for violating the law. You may try a waiver.
Answer Applies to: Florida
Replied: 6/10/2011
Marie Michaud Attorney At Law
Marie Michaud Attorney At Law | Marie Michaud
It takes about 8-12 months to process a K-1 visa from start to interview. You can start the process about 8 months before the date she was provided. The goal will be to aim the interview sometimes after her "punishment time" ends. This might be the most efficient way (and cheapest) to process the paperwork. I suggest that you speak (personally) to an attorney who can review your fiance's documents to make sure there is no other issues.
Answer Applies to: California
Replied: 6/10/2011
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