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  1. #1
    Join Date
    Mar 2014
    Posts
    8

    Default Getting a A Fiance or Spousal Visa After Denial of Entry on a Tourist Visa

    Hello,

    My visa got cancelled at the US Border because they found out i gave birth in the US. Father of the baby is a US Citizen and just wants me to give birth there. but anyways, i had no other choice but to go back to my home country due to cancellation of my tourist visa and to finish my divorce in my country (i wasnt deported i withdrew my admission in the states). We have plans now of getting married once my divorce is final, but when my fiance consulted an immigration lawyer, she said its slim to none that i might get another tourist visa, she said that the only option is for us to get married in my home country and then my fiance will go back in the States to petition me as a Spouse, and that it would take at least 18 months to be together. My question is why cant he petition me as a Fiancee thru Fiancee Visa? Will it matter because they now know that i had a baby there a few years back?

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: A Fiance Visa or Spousal Visa

    An attorney specializing in US immigration law is the best person to advise you and the father of your child. You are not yet divorced therefore "fiance" is an inappropriate term to use to describe your relationship since you are not free to marry. You con do nothing about US immigration until your divorce is final.

    You were denied entry because you appeared to have immigrant intent which you admit you have, and this is a valid reason for denying you entry.

  3. #3
    Join Date
    Mar 2014
    Posts
    8

    Default Re: A Fiance Visa or Spousal Visa

    thank you for the reply, my divorce is finished, after 6 long years , and im just waiting on the registered paper works as proof that i'm divorced. was only concerned if it was necessary for us to be married in my home country and file for a spousal visa or he could just file for a fiancee visa instead.

  4. #4
    Join Date
    Mar 2014
    Posts
    8

    Default Re: A Fiance Visa or Spousal Visa

    so there's like a slim chance that i may even be granted k 1 or k3 visa?

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: A Fiance Visa or Spousal Visa

    Quote Quoting hope142013
    View Post
    so there's like a slim chance that i may even be granted k 1 or k3 visa?
    If that were the case the immigration attorney would have told you that. You did not have an original unlawful stay, you were turned away at the border. Those are two different things. You have received advice from an actual immigration attorney, do not ask an internet forum to second guess that.

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