Applying for K1 visa after been deported and banned for 5 years

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Applying for K1 visa after been deported and banned for 5 years

Name is Michael and on Jan 7 2012 i was removed from the US, here is my situation:

i came to the US on a 6 months visitors visa in May of 2011 while i was there i met a woman, we became very close so stayed for 5 months and 1 week so I can get to know her more but left the US on the 6th of Nov, 2.5 weeks before my 6 months period so I did not overstay

On Jan 6 2012 i decided to go visit her again but this time i was detained at the port of entry, because they believe i must have been working when i last visited to have stayed for 5 months plus so i was denied entry and sent back to the UK and banned for 5 years

My question is, my girlfriend now wants to apply for a K1 visa, will my removal affect the application?

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Submitted by Alexander J Segal on January 11, 2012 - 3:13pm

Alexander J Segal's picture

Customs & Border Patrol does look at your conduct to ascertain whether you are admissible into the United States or not. It is often not advisable to stay for such an extended time on a visitor visa and then return after a short stay abroad. This pattern almost always leads to a more thoroughly inspection. Assuming you were previously deported from the United States, it will affect your ability to seek a K-1 visa. A prior deportation makes you ineligible for a visa, both immigrant and non-immigrant, for a set period of years. This means you cannot be admitted within that time unless you receive permission to reapply for admission after deportation. You may also need a waiver depending upon the exact findings by Customs & Border Patrol regarding your attempted entry. Based upon the information provided thus far, you may not be eligible for a K-1 visa. However, you may still be able to immigrate to the United States if you marry first and your spouse petitions for you to receive an immigrant visa. As mentioned before, you will likely need to seek permission to reapply for admission and may also need a waiver. It is best that we schedule a more in depth consultation where we can review the documents you were provided when you last attempted to enter and what happened during the attempted entry.

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