K-3 visa for spouse and son??? What to do?? What to fill out.

Asked over 2 years ago - Goshen, IN

2 yrs ago my wife tried to re-enter the U.S. with her visa. Unfortunately the U.S. Customs agents found that she had overstayed her permission the first time she came to the U.S. She was detained and deported. I want to know if I can still file for a K-3 visa for alien spouse and child even though she was deported. I know I have to file form I-129F and I have already filed form I-130 with immigration. I have already recieved my form I-797C. Please do not refer me to the USCIS website. I have more questions and would like to speak with a lawyer or someone that understands the law and can help me understand how to file all the forms needed for me and my familys unique situation. I know that not all Immigration cases are the same. The customs agents did put marks in her passport. an A #

Attorney answers (1)

  1. Contributor Level 11

    Answered . I will be happy to assist you with your question. Your wife will have to file a waiver with the consular post. The waiver applications can be complex. It must be supported by evidence if hardship to the petitioning spouse. Please feel free to call me to discuss the details.

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