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Luis1327

Advise K-1 visa!!

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Hello, we want an advise about our situation :)

We are trying to get the visa K-1. My girlfriend( Us citizen) and I'm (Mexican citizen,). Unfortunately my visa b1/b2 was cancelled, the CBP gave me the form I-275. They wrote "withdrawl of application for admission/consular notification under 212(a)(7)(A)(i)(I) immigrant without an immigrant visa of immigration of naturalization for admission act INA.

We want to know first of all what that means ?? It's bad or not so bad ?? I'm banned from uS or been deported??

And the other question can I get my K-1 visa under that ??

Please we want your help !! Thanks.

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They believed you had immigrant intent.

http://www.borderimmigrationlawyer.com/storage/INA%20212a7AiI.pdf

(7) Documentation requirements
(A) Immigrants
(i) In general Except as otherwise specifically provided in this chapter, any immigrant at the time of application for admission—
(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this chapter, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 1181 (a) of this title
Intending Immigrant [iNA § 212(a)(7)(A)(i)(I)] – This is the most common ground of inadmissibility applied under INA § 212(a)(7). Any foreign national who seeks to enter the U.S. and remain here permanently, or who is suspected of seeking to enter the U.S. and remain here permanently, but who does not have the proper documents to demonstrate that s/he has authorization to do so, is inadmissible.
You were not banned or deported. They gave you the option to withdraw your application for entrance and you did. You can still apply for a K-1 visa.
9 FAM 40.6 N3.1 Effect of Definitive DHS Inadmissibility Findings
(CT:VISA-2249; 01-29-2015)
...
b. If you determine that an alien is identifiable with the subject of a DHS-generated lookout entry indicating a definitive determination of inadmissibility, excluding 212(a)(3) inadmissibilities, you may assume that the finding was correct and may refuse the application under the particular INA section indicated by the DHS lookout entry, unless the inadmissibility is non-permanent and can be overcome through changed circumstances (e.g., medical or public charge inadmissibility) or the entry relates to an inadmissibility that only applies at the port of entry (POE) and is not a basis for a visa refusal (e.g., INA 212(a)(7)(A)).

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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If you have no red flags, and feel confident in proving your relationship is genuine, you should be able to do the K1 without a lawyer. However, this is a personal choice. I am glad we didn't waste money on one personally!


Immigration Timeline

 

June 2013: Met whilst working at a summer camp in Michigan 

K1

November 1st 2014: I-129f submitted for K1 visa

February 24th 2015: Visa in hand!

February 26th 2015: POE at Las Vegas airport, then onwards to Oregon! 

March 6th 2015: Marriage (with a "real" wedding to follow next year on 7/6/2016)

March 9th 2015: AOS, EAD & AP submitted

September 22nd 2015: Interview

January 14th 2016: Two year Green card received -phew!

ROC

August 8th 2017: 90 day window begins! ROC time!

September 28th 2017: Biometric Appointment in Portland, OR

March 5th 2018: Case received by local office

August 18th 2018: 18 month extension letter mailed

N400

August 8th 2018: Window opens to submit naturalization application

August 13th 2018: N400 Application submitted online :dance:

August 14th 2018: NOA1

September 6th 2018: Biometrics

 

I am the Beneficiary

 

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Thanks one more time !! For me the only red flag is that to be honest was a terrible experience they treated my like a criminal Lol after15hrs they tokk my pictures andd fingerprints

We have proves of our relationship, text messages, pictures, flight tickets, everything. We talked with 2 attorneys and they said it's gonna super expexpensive for me bc of that the other said. And how much is the process without a lawyer ?? They charge around $4500 .

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You have no ban and were not deported, so you should not need a waiver. You are still eligible for admission with a K-1 visa. If you needed a waiver, I would suggest getting a lawyer to help the USC petitioner make out the hardship waiver letter, but that is not something you seem to need.

If you have evidence of meeting in person for the I-129F and have relationship evidence to convince the CO in Juarez that you are a genuine couple, then should be ok. They thought you had immigrant intent, so took away your tourist visa. The K-1 has immigrant intent, so having immigrant intent is not an issue for getting approved for the K-1.


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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