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  • fiance denied entry...

    My fiance is Polish and currently lives in that country. She travels, however, on a German passport as she has grandfathered that citizenship. She has visited me in the US on several other occassions including last summer. She arrived in July of '01 and was originally scheduled to return to Poland on September 16th, 2001. But due to the terrorist attack on 9/11 her flight was cancelled and the soonest we could get her out was September 29th. She ended up overstaying a total of 7 days. She then returned to the US in February '02 and visted me for 30 days. There was no indication of a problem when she entered. She flew in to JFK this evening (our intention was to get married this time) but she was denied entry due to last year's overstay and they made her go back to Poland. Why should we be penalized for the inability to leave this country last year?
    If I go to Poland and we get married there, what steps would we need to take in order for her to be able to return with me. We were all set to start our life together and then this had to happen. What a mess! Please help if you can.
    Thanks.

  • #2
    My fiance is Polish and currently lives in that country. She travels, however, on a German passport as she has grandfathered that citizenship. She has visited me in the US on several other occassions including last summer. She arrived in July of '01 and was originally scheduled to return to Poland on September 16th, 2001. But due to the terrorist attack on 9/11 her flight was cancelled and the soonest we could get her out was September 29th. She ended up overstaying a total of 7 days. She then returned to the US in February '02 and visted me for 30 days. There was no indication of a problem when she entered. She flew in to JFK this evening (our intention was to get married this time) but she was denied entry due to last year's overstay and they made her go back to Poland. Why should we be penalized for the inability to leave this country last year?
    If I go to Poland and we get married there, what steps would we need to take in order for her to be able to return with me. We were all set to start our life together and then this had to happen. What a mess! Please help if you can.
    Thanks.

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    • #3
      Well, she probably didn't talk to the same officer at the port of entry as last time. Different officers=different outcomes.

      Her entering planning on getting married IS illegal when you enter on a visa waiver for example.
      If you go and get married in Poland, to bring her back you'll have to file some paperwork. I think you'll find this page helpful:
      http://www.ins.usdoj.gov/graphics/howdoi/spouselive.htm

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      • #4
        i am in the same situation, but i am married to a USC, i was denied at port of entry, i have been seperated from my husband 4 months now we have filed all our paperwork, and I-130 which i was told will take 1 year, and I-129f which will possible take 4-6 months and because the INS lost my visa etension application i overstayed and now they are saying i may need some sort of waiver to even get in the country with my I-129f, im unsure why this is needed cos i thought the 129f was a non immigrant visas within itself, but the I-129f is the quickest way they can get into the country legally, i hope this helps and good luck

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