K-1 Visa denied as expected. 212(a)9 (a)(i) what's next?

[Faith77h 0]

1 hour ago, ConOfficer said:

We deny people 91A every day. They come back in 6 months with their approved waiver and get their visas. Even K1 applicants. 

 

Your fiancé can apply for the I-212 waiver for you, or you can wait out the 5 year ineligibility. K1 beneficiaries are technically not eligible for waivers of unlawful presence or prior removal under the letter of the law, but USCIS has interpreted their regulations to permit waivers for K1s. Whether you choose to pursue the waiver or wait the 5 years, your fiance does not need petition for you again (unless you marry and decide to pursue CR1) - you would just need to schedule a new appointment and pay the appointment/visa fee again. Definitely a good idea to consult a lawyer.

Thank you eveyone so very much for chiming in.

 

And Conofficer.

Same as what you said, months ago we were advised by a lawyer and given opinion that it was the route to go, to file k1 then get denied to fix with waivers.

 

Here are more details so you all can help and having more  ideas.

 

- i traveled in usa many times before as trousist. Never overstay. No problem. 

- the August 2015 I overstayed 1 month by returning to my country in March 2016 instead of 2016. 

- in this trip my daughter was born. Currently she is 16 months old.

- I worked as a freelance translator online but that work I had even before trip in USA. small work while i was home mainly taking care of baby. This i think triggered a bigger problem  for me.

- I came to my country for 6 weeks and went to USA in April 2016, there I was deported at airport. Then my tourist visa was cancelled. 

 

My boyfriend was waiting at airport was contacted by Immigration officer upstairs that I was detained and would be deported. Boyfriend was offered if he could keep the Baby who was then 7 months because she is an American. Boyfriend was great and knew it would break my heart so he let her be with me.

So my daughter and I came back thr next day flight.

- in June 2016, boyfriend came to visit and get engaged. And we filed k1 visa. 

Finally got interviewed yesterday. 

 

Here are the  confusions.. 

At deportation/expedite removal.

Determination of inadmissibility were stated are

212 7 a

212 a 9 a

 

And yesterday, in refusal worksheet 

It stated only 212 a 9 a i.

 

I am confused and not sure if it's a favor from  the consule officer the one who interviewed me...? Why didn't mention another ground..

 

I travelled several times in 20 years never overstay.

 

From reading and research I gather.

My understanding is to file waiver 601 and 212. And request to expedite the case 2 months after apply. 

Wondering to file together?

 Will need an experienced Immigration lawyer. I dont think just any visa lawyer can do it if no waivers experience.

 

Please help. I am desperate.

Please let me know what you think. 

I appreciate so much.

 

Me and Baby.

 

 

[Boiler 43,397]

You could have filed for a 212 anytime, no need to wait for the interview.

 

Once you overstayed you visa was void so I can understand why they were not happy.

 

Did you pay for your medical costs, claiming Emergency Medicaid tends to be an issue.

[ConOfficer 167]

In the context of a K1 visa you need to be refused under 91A before you can file for a waiver. 212(a)(7)(a) and 212(a)(9)(i) are the same thing - expedited removal. Dept. of State adjudicators will only enter the 91A ineligibility. 

 

You just need an I-212. I--601 is for unlawful presence, and you apparently were not refused for unlawful presence. 

[Faith77h 0]

3 minutes ago, ConOfficer said:

In the context of a K1 visa you need to be refused under 91A before you can file for a waiver. 212(a)(7)(a) and 212(a)(9)(i) are the same thing - expedited removal. Dept. of State adjudicators will only enter the 91A ineligibility. 

 

You just need an I-212. I--601 is for unlawful presence, and you apparently were not refused for unlawful presence. 

Hi ConOfficer. 

Thank you very much.

Sorry for my question. I dont undersrand why is that I am not refused for unlawful presence . Isnt that the 212 (a)(9)(a)(i) ? 

Please help explain

 

Someone said to file  601 for oversray, and 212 is also needed. 

 

So I do not need to file 601? 

 

Are the waivers either 601 and 212 to be filed by applicant(me) or petitioner (fiance)?

 

Thanks so much.

 

[Boiler 43,397]

From what you said just a 212, obviously you need a lawyer.

[caliliving 606]

were you deported or just denied entry into the country???

 

looks like you were denied entry and given a 5 year ban for working illegally in the usa???

 

am i misunderstanding something? please dont interpreted being sent home on a plane before entering the country with being deported.. they are two VERY different things!!!

I think your ban could be for misrepresentation (for working illegally while in the USA) . 

 

This is why people need to understand exactly what is going on and use the correct terminology!  sometimes it is so hard for non english speaking people, but you need to know exaclty what happened and not say 'deported' when you were clearly 'denied entry'. in order for people to help, we need to know exactly what is going on with your case. 

 

-you overstayed 1 month.. you dont have an overstay ban.. i think you have a ban for misrepresentation..  did they find out you were working illegally in the usa when you tried to come back??? that sounds more like that is what your ban is for. 

Edited January 19, 2017 by caliliving

[Faith77h 0]

16 minutes ago, Boiler said:

From what you said just a 212, obviously you need a lawyer.

Thank you Boiler. 

 

 

[Faith77h 0]

Hi Caliliving. 

 

Thank you. I think you are right. 

I was at airport. In paper said. Expedited removal. 

I was denied to enter the USA. So that is not a deportation? 

 

Thanks.

 

 

[Transborderwife 4,666]

1 minute ago, Faith77h said:

Hi Caliliving. 

 

Thank you. I think you are right. 

I was at airport. In paper said. Expedited removal. 

I was denied to enter the USA. So that is not a deportation? 

 

Thanks.

 

 

Yes it is a deportation/removal.

[Faith77h 0]

Hi Caliliving. 

 

Thank you. I think you are right. 

I was at airport. In paper said. Expedited removal. 

I was denied to enter the USA. So that is not a deportation? 

 

Thanks

[Hypnos 6,576]

Expedited removal is a deportation; that's why you need the I-212 in the first place. 

[Faith77h 0]

Thank you. Hypnos. 

[Faith77h 0]

When is extreme hardship to be sent along with waivers? 

 

Filing 212 is for sure that directly instructed.

Dont know if I need to file 601 too? I do not want to miss it if I need to file it too. Would hate to make mistake and slow everything down.

 

Yes. I need a waiver-experienced specialty Immigration Lawyer.

 

Should it or need to be a lawyer in thr same country or doesn't need to as long as experienced to give advice and work online?

 

Thanks much eveyone.

[Transborderwife 4,666]

It's a shame that you didn't let your child through.  That could have been a good hardship

[Faith77h 0]

I did not know what to do. I was hoping that they let my baby to meet with her dad waiting at a trivial floor. They said they would let her, and told him they would. Only a few hours later, an officer told me and my boyfriend that they didn't let them see each other. It was very heart breaking.

I asked and begged officer if it was okay to only let my hild see her dad for an hour before we had to fly back. Or even 10 minutes. He said no. Even she is american and had the right to be in USA. 

 

Officer told me they dont handle babies. 

I said it is ok for me if a female officer could take my baby to see her dad without me. They said no.

 

I learned from boyfriend later that in the phone he was offered to meet with her for a little while before baby and I had to leave the next day. Then later they didn't let him see her for only a minute unless he would keep her in USA and away from me. He told officer he would not do that to me. And baby so small still needed me. ( main food literally still was breastfeeding)