Fiance' Turned away

[syntheticstars 0]

My Fiance and Daughter tried to enter the US yesterday. He was turned away at the US boarder, we still aren't sure why. He recieved this paper work:

Is he banned from the US? Will this effect our k-1 visa when we mail it?

[john_and_marlene 162]

It appears that he overstayed more than 180 days in 2006. If that's true, he has a 3 year ban. Yes it will effect the K1. You will either have to be approved for hardship waiver or wait for the 3 years to expire.

[psiprez 3]

The first document says that your fiance had previously arrived in the US on 6/26/06, and did not leave until 4/14/07.

Is that an overstay? If so, that is your problem, and not a small one.

Edited February 28, 2008 by psiprez

[brnidokiegurl 0]

I know nothing of these type situations but wasnt he himself aware of the time limits he had already stayed at sometime in the past 06/07

[syntheticstars 0]

If he is banned shouldn't they tell him he is? They give him no information just make him sign papers and told him "he couldn't get on the plane today" and that's it.

[syntheticstars 0]

If we got married would it effect us applying for a k-3?

[jeffmich2007 0]

I am no expert but i would say when your faced with ANY legal documents and dealings with Immigration Officers at Airport or elsewhere I would say Seek Good Advice from an Immigration Attorney they are far more experienced on these kinda things.

Good Luck and don't lose faith

Michelle

[john_and_marlene 162]

If we got married would it effect us applying for a k-3?

Same effect. You first need to determine if there was an overstay of more than 180 days. If there was, any visa will be denied during the ban period. Waivers of inadmissibility can be granted for hardship, but not until after the visa application has been denied. If the overstay was less than 180 days a waiver should not be required and the visa may be granted.

[Kathryn41 3,205]

Yes, it would affect a K-3 as well. The ban supersedes any visas - unless you get a waiver for the specific ban. You can apply for the waiver, I believe, after the K-1 is denied. You would do well to consult with a knowledgeable Immigration lawyer.

[brnidokiegurl 0]

If its a (true) ban then it wouldnt matter if married or single, just get down to the true reason and go from there to know which step is necessary next

[john_and_marlene 162]

BTW: Overstay days are cumulative. If you overstay once for 60 days and return, then overstay 121 days on a subsequent visit, the total 181 days will trigger a ban.

[syntheticstars 0]

Is there anyone I would be able to call with this case number or anything and ask if it was a ban or just a denial to enter yesterday?

[payxibka 10,044]

Hopefully zyggy will happen by...he would be one of the most knowledgeable on this site

[mox 298]

My Fiance and Daughter tried to enter the US yesterday. He was turned away at the US boarder, we still aren't sure why. He recieved this paper work:

Is he banned from the US? Will this effect our k-1 visa when we mail it?

They should have stamped something in his passport that gives a reason. The reason may be "7A1 exclusion" or something like that, but it also might list a specific reason. Take a look at the stamp.

[Eric_and_Corinna 0]

My wife got one of these. There were specific instructions on the bottom telling her (and me) that she was not allowed into the US until she had a visa in hand.

If you didn't go before a judge in an actual immigration hearing, it's kind of like a warning. If you had gone before a judge, then you would be in a lot more trouble.

That particular CBP agent, and the officials at the US Embassy in Toronto both told us that it should not have any effect on her K-3 application as long as she doesn't attempt to circumvent its instructions before the visa is issued.

Eric