Process in getting my girlfriend back from mexico

So my girlfriend was here with visa, she over stayed and just recently went back to renew it but got denied. So I want to help and bring her back and marry her. There are two problems that raise my concern: one she worked during her stay and filled taxes with her ITN # but not after her visa was expired. 2nd is before she went back she got a ticket which is still pending for a infraction and misdemeanor of not having Driver license. My question: What are the best processes I could take to bring her back without her getting punished and have a smooth return, and also how long is this going to take to get her back with fiance and permanent residency through marriage? I just recently applied for my citizenship and in wait for processing.
Thank you for this great and helpful website.



Phil's picture

This could be a complicated

This could be a complicated case. A lot of this depends on how long she over stayed her visa. If she over stayed by 180 days or more she would be subject to the 3 or 10 year bar. Right now the only option you have would be to travel to Mexico and then apply for an immigrant visa for her. However, as a resident there will be about a 3 year wait for her visa. Once you obtain your citizenship she will be an immediate relative of a USC once you are married and there will be no wait for a visa. So, you need to find out if the 3/10 year bar is going to be an issue first. After that you'll need to decide if it is better to wait until after you obtain your citizenship. Once you are a citizen you will also have the option of applying for a K1 fiance visa which could be a better option. It all depends. Tell me how long she over stayed and I'll let you know what I think the best plan would be.

thank u for getting back @ me

I did not even realized this post was answered. Any information I recieve is so appericiated, thank u. She over stayed from 7/10 to 11/11. We r currently fixing her ticket she got n it should be all down to infraction, and I am very close to getting my citizenship. Please enlighten me in what is the best fastest route to take as if 10 yrs would just seem almost impossible.

Phil's picture

She will likely need to apply

She will likely need to apply for a waiver of the bar. You should probably file an immigrant visa petition for her now and then she will be pumped up in the queue once you obtain your citizenship. Please contact me if you would like assistance with this.

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