Hello All VJ's

Yesterday my honey was to arrive to Denver via POE Atlanta. But he never arrived!

I was in complete hysteric and attempt to call him on his cellular throughout the night. Needless to say, he called me at 4 am this morning to tell me that he has been detained and pending deportation.

I asked him why? and he said that they wanted him to sign a document, but they did not tell him the content of the document and he refused to sign it. They kept him in detention for 27 hours before deporting him. He said he do not know where they will be taking him because they confiscated his passport and visa. I called the immigration and they told me that they could not provide me with information, due to the Privacy Act. They said that I must talk to my fiance. My fiance called me soon after to tell me that he was leaving Atlanta in 10 minutes and I asked him a ton of questions but the officer behind him threathen to hang up the phone if he answered my questions. BTW, my fiance said they told him that he is ban from the USA for 5 years!!!!

I'm at a lost here and I do not know what to do!!!! Can someone provide me with some guidance here. I feel after all of my hard work, I failed in getting my honey home and now his life is totally screwed because of me

I'm sorry I can't help you, but I'm sure someone who can will be along. I hope you're able to get things resolved very soon.

OMG sweetie.......that is just awful I dont have anything to offer you by way of advice but hopefully someone will. I just wanted to send you a *HUGE HUG*

Thanks Jenn,

It would help, if I only knew why they denied his entry.

let me say this Atlanta is the worst POE for Muslim immigrants. they had been harshly interviewing
marys husband for 2 hours. they also called mary asking weird questions too. I would be contacting my
congressman and an attorney. if he is banned he will have to do the waiver thing..

I sent you a PM.

Did he ever find out what the paper was that they wanted him to sign?

Regardless, this is BS. If he is 'banned' for not signing something w/out seeing what it was (which I thought was illegal for them to make him do), that is certainly a legal issue. That said, I wouldn't want to mess with it.

His LIFE is not screwed up. You just may have to live in Germany or something. After the way he was treated, I'm not sure I'd want to live here!

Talk to a lawyer NOW... I've never heard of anyone being actually denied entry and deported when they had a valid visa in their passport... this sounds terrible.

My god this sounds outrageous. I reaaaaaaaalllly hope you are doing ok and have people around you ot support you. This process is hellacious, and now this?!?! mother of......bwahhh!!!


Why did he refuse so adamantly to sign the paper??! what did he think it was?@!?!

This sounds like something different, but back in March/April of 2002 the INS at the Detroit Airport were turning away people with valid visas because the petition had expired and the embassy hadn't officially revalidated it.

OMG what a nightmare!! I can't imagine! I would get a lawyer right away as someone else suggested.

That is crazy.....damm. To my knowledge the approved petition gets you the visa........once visa is in hand the petition has completed its purpose.

Cindishah < hubby >
said:
that when he went to POE. he had to sign a paper
mostly about him. like a BIO paper. he said just information about
HIM- he said it was normal information.

Golden, at this point because, it looks like he refused to sign it is the
reason why he got denied. if that is true. its F up
they did not have a translater for him.

This sounds like something different, but back in March/April of 2002 the INS at the Detroit Airport were turning away people with valid visas because the petition had expired and the embassy hadn't officially revalidated it.
[/quote]


This was my first thought too.

I also see your time line is a little bumby. Let me just ask this one honest question. Are you absoultly sure he did go to the interview and did receive his K1 visa? I am sure he told you he went, but do you know for sure? Did you contact the consulate and ask if indeed the K1 visa was indeed issued? I only ask this because if he tried to come over on a visitor visa, I could certainly see why he was turned back with a ban.

I do not mean to imply anything here, just trying to help you eliminate possible questions, as there seems to be more to this that you do not know about.

Sorry to hear this, I know what your going threw! Stephen was denied entry as well, I waited for hours and hours and i was never told he was denied and i sat at the airport waiting, I even placed a call back to customs while waiting and they told me no one had been denied so i waited and waited finally called home to check if any messages had been left by him and there was one 'he whispered hunny im so sorry they wont let me in I love you and please call my family and make arrangments for me to be picked up in manchester and i did, i called his mum and they picked him up he ended up getting home before i did and my drive to the airport was only 2 hours..he came threw dulles washington<IAD> on the VWP and is not allowed back in the states..... Just wanted to let you know your not the only one...Best Wishes~Kelle

I am now going to throw up on your behalf.

I'm extremely sorry for what you are going through and pray it gets straightened out immediately.

I think the smartest thing you can do right now is get on the phone with your Senator's office and a very well qualified immigration attorney.

Best of luck.

Same thing I said, but they didn't see it that way. Wife (then fiancé) had to go back to the embassy to get them to revalidate the petition. First time they laughed at her. I then contacted Senator's Immigration Liasion and they were in a more receptive mood when she went back. This was all done 4 days before she was to leave to come here after I read a post on the Visa-Marriage Newsgroup that this happened to someone. I called INS at the Detroit Airport and they said yes that's the word they were given to do things. Now how long it lasted or who made them stop beats me.



I would contact Senator or congressman's immigration liaison and/or an immigration lawyer.

mdyoung - I'm confused. Do you mean your fiancee (at the time) received her visa but the petition in the secret envelope that you turn over at the POE was expired and they wouldn't let her in?

what happend next????????????????????????
once your wife got to the embassy- they revalidated it?
did she have to sign a paper too?
was she banned?


I wonder how long it took you to clear it up..

Had she not gone back to the embassy to have the petition revalidated that's what would have happened. The petition was approved Nov 2001 and the Visa wasn't issued until April 2002. The Manila embassy said they gave everyone another 4 months from the time they received the petition packet, but didn't officially revalidate the petition. So I knew the petition had to have been expired.



Like I said I believe my wife's situation was something different. I was just responding to the person that said they never heard of a person with a valid visa being turned away. She went back to embassy gave them the brown envolope and they gave back to her and INS let her in the country, so I'm assuming they revalidated the petition. No papers were signed at the POE.

WOW. I am in shock that these things happen. Hard to know if this was the case for the OP. But thank you for posting this - no doubt we will all be aware of this going forward.

Hi Kelle,
Your finace was denied on VWP, which is vastly different and subject to more denial than a K1. Still, I am sorry that you had to go through such an ordeal.

Best wishes with your K1.

And to the OP, I would suggest calling an attorney at once.

Good Luck to you.

Rose

Yes this is what I was thinking. The only reason he was denied entry was simply because of the fact that he did not sign that paper. I dont understand why he would not want to sign it.


YES they should have found a translator for him!! But if he knew it was basic biographical information then why wouldnt he want to sign it??

GOlden
been to hell and back with this.. only to be in hell again..
when will this nightmare end. my heart goes out to her...

Mrs.Bruce I take it you are talking about the Visa Waiver Program. Can you explain further on what you mean when you say that being denied on the VWP is vastly differnt than being denied on the K1?

I take it that, from what I understand, the VWP is kind of a favor visa, and they can reneg that favor anytime? While a K1 visa is the real thing and to be denied at the POE is almost unheard of and absolutely outrageous...

Hello Maria,

What I mean by that is a VWP can be denied on the basis that the person using it can have one too many trips to the states, in a short period of time- and in those trips, the time frame of stay is close to the end of it's validity. It is more subject to denial, as the POE officer can deem that person an "immigration risk", as they are developing "ties" here. Hence, a denial which is more subjective to the POE. It happens a lot...

The K1 on the other hand, is an intent to marry, and that intent is clear. It is also subject to more security scrutiny at the USCIS than a VWP (in which there really is none), making the K1 more "solid" than a VWP.

Hope I explained it OK.

Rose

I really really don't mean to imply anything here - I'm asking for educational purposes only....

It CBP finds contraband on a passenger, what is the ban?

ohhhh noooo Golden!

do you think the TB test had anything to do with it? Gosh I hope this is all a big misunderstanding


((((hugs))))

They do not send you back for refusing to sign a paper. It seems he tried to enter on a VWP, but they didnt believe that he was a valid visitor, and they have full discretion to send him back. Congressman aint gonna help. You need to post how he attempted to enter and what the issues were. Sounds like he was asked to sign a voluntary departure thingie; he refused, so they applied a ban on re-entry. But hard to say what happened with the incomplete info that you posted.

This is confusing. I have heard/read before that someone with approved & valid visa is denied entry (expired petition is possible, waiver requirement was an example), but is it possible to get banned for 5 years as a result of trying to enter with K-1, K3, or CR-1?

Well perhaps those attempting to analyze the situation should look carefully at the timeline? As the USCIS and DOS is paid to do?
(If you disagree with me on the 'appearance' of the whole thing, then fine, but something(s) just don't make any sense here).


July 31, 2004- USCIS received my petition
April 12, 2005 - Petition and Waiver to meeting face to face are denied
(This should have never happened, much less applied for IMO).

THE NEW JOURNEY HAS BEGUN
April 19-26, 2005- Visit in Germany (first time ever)
..... (snip).....
Aug 29, 2005- DS230 and another form was returned to my fiance for completion
Sep 1, 2005- My fiance returned everything

October 28,2005 -Administrative Review
(So what was the reason for Administrative Review? Any info in it?)


November 7-15, 2005- Vacation in Germany
December 21, 2005- Contact my Senator again.
JAN 2006- Decided to send an email to the Consulate and received a reply that our application is still pending.
FEB 27, 2006- I wrote another letter to the Senator again
MAR, 2006- I called the Consulate and received information that my fiance had a scheduled interview for Feb 20, 2006 and failed to show-up
Your kidding me right? Failed to show up?

MARCH 18-30 - MY THIRD VISIT TO GERMANY
You're certainly paying YOUR dues in this effort...

MARCH 20, 2006- Interview
MARCH 29, 2006- we turned in everything for them to process the visa, they promise it will take 10 days
VISA IN HAND!!!!!!!!!

Then shonjaved chimes in:
let me say this Atlanta is the worst POE for Muslim immigrants.

Ok.... So this fellow is a muslim. (Really? I can't see where it was previously indicated anywhere).
He refused to sign a biographical information form at the poe, and was subsequently denied entry.... needed a translator???

Hunh?

I would have to say on it's face, it's obvious that it's not immigration law compliance that's the issue, but whether the person intends to comply with immigration law, or comply with the laws of the usa.

First by applying for the no meet face to face thing... Good Gawd, that alone takes an act of congress to pull off - you obviously solved the problem by travelling to meet him instead - SEVEN DAYS after the denial? It's not like it takes a rocket scientist to figure out that the waiver was bogus in the first place since you went to meet him so quickly thereafter.

Second was that he allegedly didn't show up for a scheduled interview in his home country. After you had petitioned him... (The only real reason I could imagine someone missing this interview is a death in the family or the death of the beneficiary! - but at least they would reschedule the thing!)

Third he refused to sign a biographic information form at the port of entry. And he needed an interpreter.
Who did what wrong here?

Hell I'm no big fan of immigration legislation, but this pattern of behaviour is literally spitting in the face of the folks that are employed to enforce it.

All I can see are red flags.

Why did this behaviour take place to begin with? Why on earth did you attempt to petition to avoid meeting face to face?

Go ahead burn me to the ground for my comments, but something just stinks here.

oohlala

Go ahead burn me to the ground for my comments, but something just stinks here.
[/quote]

As the saying goes " if it looks like a duck....."

I wouldn't flame you brother rushter, your post mirrored everything I was thinking. I don't like to post opinions about people's lives in off topic, but I do take an interest when a thread has a hint of fraudulence to it ( I hope for the OP it is not) as people's behaviour affects how we will all be judged and treated in the future.

As you mentioned, not showing up for the interview is BIZARRE to say the least. Not even 10 slobbering dobermans surrounding the consulate would keep me from the one step that will take me to my fiance! If the OP doesn't mind, Im all agog to hear how that came about? Please fill us in on the circumstances that led to his no-show.
hmmm , interesting that someone mentioned drugs along this thread. That could cause someone to miss an appointment???

Sorry for the speculation, I truly sympathize with you goldenheart, I pray you do not become " brokenheart' it seems you've been doing all the work here.

good luck.

listion IDIOT!@ zz

1st.. her time line is not off..
2nd POE is very harsh on muslims in ATL. 2 hour interrogation on all muslims is not acceptable!
along with a call from POE to question the USC is not acceptable either!
3rd.. there are NO red flags when a VISA is issued!
4th .. Admin review can happen to anyone! including you! - its security checks
5th .. just because the interview was missed did not mean her husband did anything wrong.
they never got the orginal letter. she dont have to get in details a
6th.. get a life you certainly need one.

Rushter,

I altered my timeline, because I did not have room to explain everything in detail. Most people on the VJ has PM me or went through this journey with me. They understand my timeline perfectly because they walk the journey with me.
To answer your questions:
1. We decided to apply for a visa without meeting face to face because a muslim lawyer advised us to do so, because according to islamic laws (btw, I'm muslim) a man and woman are not allowed to be alone without a chaperone. At the time, I could not find anyone to travel to Germany with me. Therefore, I came on VJ and ask the question to the panel. Many people responded and told me that I would get a denial soon because it is imperative that I meet the 2 year requirement. Therefore, I islamically agreed to marry this man through our local mosque March (his brother -n-law) was the proxy. After the islamic agreement I was free to travel and be with him "without being labeled a fornicator" in my community and before the eyes of God. (IF YOU DON"T AGREE WITH THE ISLAMIC PRACTICES, THEN PLEASE DON"T BASH IT"


Secondly, When he did not show up for his visa appointment, it was because he never received the invite letter! We did not know he had an appointment until I called the Congressman and later called the Embassy and was told he had an invitation and failed to show up!!! As most of you know, I WENT CRAZY!!!


As for signing a biographic form....I did not say it was a biographic form. My fiance said that they wanted him to sign a form, but he did not understand the content of the form. He requested a translator and they refused. Also, I called the Immigration and asked them to give him a translator and they did not know anything about a form.


BTW, If you are not here to provide advise, please do not kick me when I'm down..There are several people on ths site that have been with me through this journey since 2004 and some new ones recently (i.e. myfellah, nyseness,Almighty, shonjaved, iceyspot)

FURTHERMORE, I AM A DISABLE VET AND A FEDERAL EMPLOYEE...FRAUD IS SOMETHING I WOULD NEVER DO TO JEOPORDIZE MY CAREER OR BE DISLOYALED TO MY COUNTRY.
The only thing I'm guilty of is loving a man that happen to be from the Middle East. SHOOT ME!

Also, I appreciate the advice of those that are trying to help thank you and my God reward you.

[quote name='wodengdaini' date='May 29 2006, 09:21 PM' post='222200']
This sounds like something different, but back in March/April of 2002 the INS at the Detroit Airport were turning away people with valid visas because the petition had expired and the embassy hadn't officially revalidated it.
[/quote]


This was my first thought too.

I also see your time line is a little bumby. Let me just ask this one honest question. Are you absoultly sure he did go to the interview and did receive his K1 visa? I am sure he told you he went, but do you know for sure? Did you contact the consulate and ask if indeed the K1 visa was indeed issued? I only ask this because if he tried to come over on a visitor visa, I could certainly see why he was turned back with a ban.

I do not mean to imply anything here, just trying to help you eliminate possible questions, as there seems to be more to this that you do not know about.
[/quote]

Yes, he and I both went to the interview together. Yes, he got the K1 visa because I have a copy of the visa.
I appreciate your sincere questions. Thanks.

Damn girl..I'm sorry to hear of your troubles
100% agree that first and foremost you need to find out WHY he was denied entry and go from there.
I really hope its sorted for you quickly - sounds like this has been a bit of a nightmare journey so far

I love it!

Well, something wasn't right. They found (or decided) that something wasn't right... He got turned back.

This is a real sad situation for you but have you examined all of the possibilities that would turn a person around at the POE? You are blaming YOURSELF, and you shouldn't be.

Gaining entry to the USA, with or without a visa, with or without permanent residency for that matter is discretionary. POE agents have the right to turn back a person even if they are bearing a valid form of identification and documentation. More information is needed from the OP's fiance as to the particular circumstances, information exchanged with POEs, in my opinion, to better assess if a mistake has been made.

This makes my heart ache for you. I hope and pray for a quick resolution to this terrible situation. Inshallah you will be together soon. I would contact the embassy and an attorney as soon as possible.

Hasbia laahho wa nemal wakeel

Meriem

Goldenheart,

Ishteaq came thru Atlanta and it was hellish experience. I will say that I would contact my congressman now. I am not sure what you can do once he is deported. I just woke Mian up and he said they handed him some forms and was told to sign them. He had no idea and they were grilling him the whole time with questions. He signed it and that he does not have any idea what he signed.

I have to say if you are Muslim you will not have easy POE especially in Atlanta. Look at the canadians and others that come and go through with only one or no questions asked. We were in AP hell for long time and they are obligiatated to check our SO out when they arrive but interrogations after long checks and field investigations to me is not fair.

I can only say you will need a waiver for him to come back into the states. I would contact all senators and congressmen in your area immediately and a lawyer too. I am so very sorry and know the terror you felt I felt the same one week ago today. When they call me rudely and when I asked if he was okay hung up the phone on me. They would not let him call me and I was lucky that somone let him call me as I was headed to the airport to tell me he had finished POE.

Big Big Hugs,

Mary

My heart goes out to both of you. I think he was right not to sign the papers. If he signed them, he would be admitting to whatever they had documented on those papers.

My husband was detained and interrogated for 6 hours, and they told him if he'd just sign the papers they'd let him go home and I could file papers for him and he'd be able to come back in right away (blatent lie) He was so desperate and scared by that time to get out of there that he did sign the papers even though what the papers said wasn't true (and he couldn't understand them because they were in ENglish and at that time he only spoke Spanish). They gave him a 5 year ban too. Multiple lawyers told us it would have been better for him to not have signed the papers even though he would have been deported, as he wouldn't have admitted anything which could have given us a legal leg to stand on, but because he signed them, he inadvertently admitted guilt, and we would have to file a waiver or wait out the 5 year ban. We chose to wait it out because we heard/thought the waivers were impossible to get (which also wasn't true - they're approved every day in Juarez).

I don't have much advice, except I hope that it's some hope/consolation to you that your fiance probably did the right thing by not signing their papers.

Thank you....eventhough you feel you did not have any advice for me. You sharing your story helped me a lot. THANK YOU!!!!!!!!!!!!



Thanks Marry,

I guess if he would have just signed the papers and shut up he would be home now. Again, he asked for a translator to help him with the papers and they told him that he speak perfect english. He just wanted to know what he was signing.

Thanks for sharing your story with me. May Allah reward you and your family for helping a sister in need.

goldenheart,

I don't know the background of your fiance's case, but based on the forum where you seem to spend most of your time it is not a case that could be classified as 'simple' or 'straightforward'. When you find out the reason why he was not admitted check with your attorney.

Yodrak

[
FURTHERMORE, I AM A DISABLE VET AND A FEDERAL EMPLOYEE...FRAUD IS SOMETHING I WOULD NEVER DO TO JEOPORDIZE MY CAREER OR BE DISLOYALED TO MY COUNTRY.


goldenheart,

I would never have considered you of acting fraudulently. I was worried FOR you ( based on the earlier info) that perhaps your fiance had originally entered the relationship for non -genuine reasons, and somewhere changed his mind, as the circumstances seemed kind of self-sabotaging. Had this been the case, I was angry FOR you!
Your last post made things clearer. Again I hope you can get help and sort out this devastating mess.

So, is it some kind of 'standard practice' in Atlanta to give Muslim K visa holders a hard time, and to make them sign something they won't let them see? What is going on with that? Do they have the legal right to make them sign something, sight unseen, or threaten them with deportation? Something stinks to high heaven here.

I always claimed that airport was the entrance to hell - turns out I was right!

I wish I had advice for you but I don't. My heart goes out to you though and I hope you can get this sorted back out. Do you know how he is getting home or Has he returned home yet? Hopefully you will be able to get a clearer picture when he is home safe and can talk more. I'm sorry you have to go through this.
Dawn

My God, you joined this site with nothing but piss and vinegar. Talk about presumption!

Goldnheart...I am praying that you resolve this as quickly as possible so that you and your honey can be together asap.

I love the idea that some anon poster on a message board is gonna tell someone their relationship is fraudulent.

UNREAL.

I CAN'T believe it. My whole heart goes out to you.

I also can't believe the negative and sometimes even hateful reponses you've gotten here. Whoever cares to respond should at least read the timelines CAREFULLY.

Please keep us updated on why it happened and what your next step will be. We're praying for you

Goldenheart, I'm sorry this has happened to you. I hope things will get sorted out. Definitely, work with a good lawyer.

I'm sorry I don't have any legal advice to offer, but I do have the Qur'an


مَا عِندَكُمْ يَنفَدُ وَمَا عِندَ اللّهِ بَاقٍ وَلَنَجْزِيَنَّ الَّذِينَ صَبَرُواْ أَجْرَهُم بِأَحْسَنِ مَا كَانُواْ يَعْمَلُونَ

16:96 all that is with you is bound to come to an end, whereas that which is with God is everlasting. And most certainly shall We grant unto those who are patient in adversity their reward in accordance with the best that they ever did.


أُوْلَئِكَ يُؤْتَوْنَ أَجْرَهُم مَّرَّتَيْنِ بِمَا صَبَرُوا وَيَدْرَؤُونَ بِالْحَسَنَةِ السَّيِّئَةَ وَمِمَّا رَزَقْنَاهُمْ يُنفِقُونَ

28:54 These it is that shall receive a twofold reward for having been patient in adversity, and having repelled evil with good, and having spent on others out of what We provided for them as sus­tenance,



inshaAllah this will all be resolved.