IMMIGRATION HELP! can i file a petition for a fiance (I129f)??

Question

My girlfriend and her family were taken away by INS for overstaying their visa. Theyre being held on a final deportation order. She came here wen she was 10 and went to school and college here. she 25 now and i want to file a petition for a fiancee but can i still if she is is in custody on a final deportation order.

Answer 1

You'll have to wait till she returns home to do that. The process take many months so there is no way to prevent her from being deported.

Answer 2

Well, you can file the fiance petition right now, assuming you're an American,  but it wont keep her from being deported. The petition will eventually be sent to her home country and she'll be  interviewed. However, since she's been here illegally for over a year since the age of 18, she's ineligible for a visa for 10 years, plus she's ineligible because she will have been deported. While the US doesn't hold her for her presence here as a child, she hasn't been a child for quite some time now. However, she can file for a waiver through USCIS of the ineligibilities as your fiance, and if she gets the waiver, she'll be able to return and live here legally. If not, she won't, but she does at least have a chance.

Answer 3

You need to find out where she is http://www.ice.gov/pi/icedetaineeinfo.ht...

Her family must have known before they came and took them that they would be deported. I do not think there is much you can do. She will be banned from the US for a certain period of time. Maybe you can contact a lawyer.

You may call U.S. Citizenship and Immigration Services (USCIS) toll-free for automated information and live assistance concerning immigration services and benefits at 1 [phone]. The TTY number is: 1 [phone]. You may also visit its Web site at http://uscis.gov/graphics/index.htm where you can find out the status of your case, find out how to post a bond for an alien in detention, download forms, learn about detainee rights, learn how to file forms and more.

You can find out if you can post bond for her. Hire a lawyer. She will still have to go back to her country even if you marry her.

she maybe able to file this

http://www.uscis.gov/files/form/I-817ins...

which is the life act ammendments program...if she was here in the usa before 1988

Answer 4

You can only file a fiancee petition for a person who is outside the United States, not one that's already here.

George L has spelled out things nicely for you.  Wait until she gets home, file the fiancee petition, then file the waiver after she's denied.  If it's approved she'll be back.

The whole process will take well over a year.

Best of luck.

Answer 5

You should consult with well reputed immigration attorney. The first task is to get her waived from the removal procedure. Wish you all the best.

You can find immigration attorny names here http://aila.com/