Question about eligibility.

[rono]

I am a US citizen.
I like to marry a woman who was allready denied a visitor visa and was banned for 10 years. She illegally stayed in the USA for 2.5 years before voluntarily leaving 2 years ago.

Can i still apply for a fiance visa?
if we get married outside the US and then apply for a greencard will she be qualified?

What i am basically asking is is there still a chance that i can legally bring her back to the USA in spite of her previous violation?

If so, what should be my next step to get her to the USA ASAP?

Thank you.

[PraetorianXI]

She has to serve her 10 year ban. No exceptions in this case.

[rono]

How certain are you about this "No exceptions" comment?
Isn't there a waiver she can apply for?
is there even a point in contacting an attorney?

[PraetorianXI]

There are waivers, look into the i-601 form, but basically the only waiver that would work in this case would be "hardship to an US citizen" and since you two are not married, you are not disabled and you can just move to her country, you have no USC kids together, there is nothing to do...

[rono]

Thanks for the reply.

you gave me a sliver of hope. As bleak as it is, there is still hope.

I am guessing a broken heart doesn't count as hardship, so what else does?
She lives in Israel. That country is a war zone. It would not be safe to live or raise my kids there. Also, my entire family is in the states. If I move to Israel, I will be all alone there. I have a business in the states which is heavily invested in real estate. selling it all now and moving to Israel would wipe me out financially and leave me penniless. Do any of these qualify as extreme hardship?

Do you know of any links to examples of approved hardship letters?

If I go with the fiance visa, would I have to file the K1 and the I-601 at the same time or the I-601 first and wait for the ruling before I file for the K1?

Since the odds are against us, will getting married first help improve them?

Thanks again, I would appreciate any farther insight in to this matter.

[PraetorianXI]

The hardship has to be imminent as result of the separation... you guys are not together, you have no kids together, you are jumping into this relationship by yourself and you are separated because of her action.

So USCIS would not consider that hardship... it would be like saying "if we can't be together I AM GOING TO MAKE MYSELF BE IN HARDSHIP" instead of you two already being together and having USC kids together and then USCIS says they are going to deport her.

Right now, there is no hardship, other than a broken heart, and if you choose to follow this relationship it is your OWN FAULT and not USCIS... therefore the hardship story will be impossible to come into play.

the i-601 waivers are VERY hard to obtain, so if you choose to persist, then seek legal advice with a competent immigration attorney specialized in i-601 waivers.

[flashbakx]

You need to see an immigration lawyer about this situation