Last year I met who I believe to be my soul mate. Her name is Katerina, or Katya as I call her. We quickly fell in love, and began dating here in the US. However, this past Super Bowl Sunday, she got arrested, and then deported. Her Work Visa had expired, but she had chosen to stay here. Where I live (Key West, FL) the cops like to set people up shoplifting at Sears and Kmart. She got caught taking a bra (I don't know why she did it, and she says she was stupid for it and wishes she hadn't). Anyway, she got arrested, and since she wasn't on her Visa, they deported her.
Now she lives back in Russia, in Samara. We still speak frequently on Skype. She cannot come back to the US to be with me. She apparently signed a contract that states she cannot come back to the US for 10 years time. She wants me to come live with her in Samara, however, I don't think I'm ready for that big a change. I know she was able to do it, but I don't think I can right now in my point in life. She's 24 and I'm 21. I'm trying to figure out my options, if anyone can help...
My younger brother (19) and I have also been talking about moving to another country. Probably Australia. We both have citizenships from our father, and have been there before (Sydney, Cairnes, Brisbane, Melbourne) and we absolutely love it. I would really like a fresh start, and the Aussie lifestyle seems like the one for me. I want to bring my love over there with me; how would I go about getting married with her in Australia? How difficult is it for her to get over there for the wedding?
Also, before that (I don't see the move happening for another year or or two), do you think there's any way for her to get back into America? Her lawyer told her that the only way would be to apply for a "Waiver of Excludability," however, the process confuses us both. I was looking into an I-290f form, to bring a fiancee into the US for 90 days to have a wedding. However, do you think that she would be allowed in via this way if she signed that 10 year contract?
Any help would be greatly appreciated. Any questions, let me know. The thing we have together is once ina lifetime, and I want her to be with me, and me with her, as soon as possible... thank you.
She doesn't seem to have much respect for others, she overstays her visa, she's a shoplifter, not particularly honest!
Her deportation from US might be enough to spoil it for her going to another country, they might have marked her passport ot logged her on an international database somewhere and, entering Australia, if/when asked if she has ever been deported what's she going to answer? ..... More dishonesty!
Those bastards at Sears,,, advertising and making people covet. Then laying them out with open doors creating an attractive nuissance. Hiring thugs to stop the fair redistribution. Luckily there are other avenues and a shadow administration that will assist you if you choose to use coyotes. Just give me a few weeks to put up a 12 foot fence around my house.
Shoplifting something worth $10 doesn't make you a bad person. It makes you a person who has made a stupid decision. But you are not a person unless you make stupid decisions. I would not hold it against anyone that they committed a minor crime. For example, would you not marry someone because they were caught smoking a joint by a police officer and spent a night in jail?
Yes you can petition her on the K-1 but you will have to include a waiver statement to ask to waive the 10 year ban. It has been done but it is not a slam dunk. Best options are to solicit the services of a good immigration lawyer who is experienced with this type of situation. PM me and I can ask knowledgeable people for suggestions of who to use. You can possibly do everything yourself but this case is not the normal and you want to do everything just right for USCIS. Good luck.
There is another forum that I can steer you to that will provide a lot of good, experienced answers and suggestions; things you won't find here.
Don't count on the as soon as possible but stay strong and stay focused.
sorry, i dont think good girls make something illegal. It is not nice of her not to go back to russia and stay illegally in US. She had a chance to work, to try and she made what russians do - trick.
Maybe she is good but i dont know...
It might seem that words were harsh, but it is important for you and her to understand, if you convey the attitude that was exhibited in your posting, you won't have much of a chance.
okay I'll bite. how did the cops actually set her up? she is 24, you are 21. soul mate? at 21 yrs of age you actually know what a soul mate is? at 24, probable that she is a good looking young russian gal who perhaps is in search of a ticket to america (?) -- she did overstay her legal visit and would probably still be here if she wasn't in dire need of a new bra (34B I must presume).
maybe it is real, maybe it is not. maybe she is manipulative and looking for a ticket -- I don't know. But as Rodan (and Ivor)implies, you seem to not understand the implications of this behavior.
I think you are thinking with the wrong head. I could be wrong. But pulease, 21 years young...
You are just an adventurer. I think you and little bro should go to Australia and be boys among men. The novelty will wear off in a few years and the realization that you have no future other than to be beach combers will finally hit you. You hooked up with a young Russian gal who spent a few years working the beach town circuit on a summer work visa. ...
I can't wait for the lash back.
I'm glad I'm not the only one that thinks she is a bad'n, the USA granted her the privilege of entry, she abused it, a shop granted her the privilege of entry, she abused it, whether she considers tonikw merely a meal ticket or not just to get in to a land of hope and glory is not particularly the point ..... she's a bad'm!
Tonikw, the best advice I can offer you is to go out and find a girl, shag her etc. and establish that your feelings for the Russian bad'n aren't perhaps as you currently feel your feelings are, she's abused your country and she's a thief ..... don't think with your penis when you decide if this is your soul mate or not?
Oh, boy the great lawbreaker who doesn't believe in laws, calling someone else criminal. Danny you're such an idiot, finding another idiot like you would be like searching for the Holy Grail. It isn't there
Second who would want to live on that dump of a rock you call home. Too many simple minded idiots like you that think they are still cowboys. Impregnated any jumbuck lately idiot??
I would think that this form would be submitted along with the standard K-1 documents.
I won't be as harsh and condoning and stereotypical as these other guys; you know her and about her and I'll assume you two are adults and have a free choice.
As stated, hiring an immigration lawyer would make most sense just to ensure you do it correctly.
Yes, you can ask for the waiver and quite possibly it would be granted.
I don't know how things are done in US but in UK first all the authotities would take in to consideration her ignoring of her visa etc. It is apparent that Tonikw met her during the term of that work visa, the UK would cast suspicion upon her true intention for entering the country, was she coming for work or to meet a guy. Then, obviously, Tonikw knew that she had overstayed her visa, would the US not feel it his (US) duty to report it rather than support it? Then, she's caught stealing and still Tonikw is supporting her actions by applying to bring her back!
What is the penalty for shoplifting in US? She obviously avoided this penalty/conviction by agreeing to stay away for 10 years, if Tonikw makes that application then, I'd think, this further displays her dishonest character, she agrees to terms & conditions then immediately goes back on these terms & condition by applying for re-entry, and if she re-entered would she face charges for previous offence(s)?
If this were in UK I think we have several 'no no's' here, not one but several!
Ummm...there's about 12 million folks in the US without visas and everyone knows about it, knows who there are and the US government doesn't do diddly. They also could care less about some lady who steals a bra.
You say the US government does diddly squat about illegal immigrants and doesn't care about shoplifting, so why did they deport her and ban her for 10 years?
The fact it is a 10 year bar on re-entering lends me to believe she over stayed her visa by more than 12 months, that is not an oops I just forgot by a few days, that is more a case of wilful avoidance. I believe the US stance on this is over stay by less than 6 months its a 3 year ban, overstay by more than 12 months is a 10 year ban. Anything in between is a grey area that can go either way.
The added complication is that she was picked up for shoplifting, I guess it depends if she attended court and was prosecuted or is it being held on file because of her deportation? Even after 10 years she will not automatically be guaranteed to get a tourist/work visa again but you might be successful in getting her a K-1 visa, but you would need a good immigration lawyer to fight that one.
I wonder did you meet her while she was still legal there or did she hook up with you while either illegal or towards the end of her visa? personally I would be wary you are being used as a ticket.
As for Australia, no guarantee either because when she applies for a Visa under the section marked "Character declarations" she will be asked..
Have you, or any children travelling with you to Australia, who are included in this application and in your passport, ever:
been convicted of a crime or offence in any country (including any conviction which is now removed from official records)?
been charged with any offence that is currently awaiting legal action?
been removed or deported from any country (including Australia)?
left any country to avoid being removed or deported?
been excluded from or asked to leave any country (including Australia)?
For some reason Australia are quite picky on letting people in that have stated yes to any of the above questions :-) So it is unlikely she would granted a visitors visa, again you could apply for a fiancée visa for her in Australia, but you would have had to have been living there for at least 12 months before you apply and have proof of suitable income to support her.
Pretty much the same for European countries too :-)
I think your options are limited either move to be with her or bring her in on a K-1 visa, or just take the view that there are plenty of other good looking women there that don't have such complications and your still young :-)