Please advise: Ineligible for K-1 Visa? Violated Term of Tourist Visa by working in U.S.

[sirrbaltimore 0]

Hello everyone. Happy 2010.

My fiance and I are currently in the middle of putting together the paperwork for the interview with the consular office at the U.S. Embassy in her country. Our fiance visa petition was approved by the USCIS.

On the DS-156, it asks if she has ever had her visa cancelled and denied entry into the U.S. Unfortunately, she was denied entry and her tourist visa was cancelled when she TOLD THE TRUTH when the immigration officer at the point of entry at the airport asked her if she had ever worked while on her tourist visa. She said yes and was put on a plane back for another 14 hour flight after she had just gotten off one. That was harsh and cruel, IMHO. But she broke the term of her visa, simple as that.

Now, several years later (5 years to be exact), she's terrified that the same predicament will happen to her again when she goes before the consular officer at the U.S. Embassy.

I am a big believer in telling the truth, but does this mean that my fiance is now ineligible for the fiance visa, for having once been denied entry and visa cancelled (not deported) for working while in the U.S. on a tourist visa? She was not blacklisted, just visa cancelled.

Can someone please advise? Thank you.

[NigeriaorBust 4,087]

If they asked her about working they may have already known the answer and the only choices she was really looking at was being shipped back with a revoked visa or being shipped home with a ban for misrepresentation. Did they make any notes in her passport ? That would be a clue as to any future issues she may have. If it has been 5 years and she hasn't done anything else she may be ok. Have her look at the passport.

[Bobby+Umit 161]

Hello everyone. Happy 2010.

My fiance and I are currently in the middle of putting together the paperwork for the interview with the consular office at the U.S. Embassy in her country. Our fiance visa petition was approved by the USCIS.

On the DS-156, it asks if she has ever had her visa cancelled and denied entry into the U.S. Unfortunately, she was denied entry and her tourist visa was cancelled when she TOLD THE TRUTH when the immigration officer at the point of entry at the airport asked her if she had ever worked while on her tourist visa. She said yes and was put on a plane back for another 14 hour flight after she had just gotten off one. That was harsh and cruel, IMHO. But she broke the term of her visa, simple as that.

Now, several years later (5 years to be exact), she's terrified that the same predicament will happen to her again when she goes before the consular officer at the U.S. Embassy.

I am a big believer in telling the truth, but does this mean that my fiance is now ineligible for the fiance visa, for having once been denied entry and visa cancelled (not deported) for working while in the U.S. on a tourist visa? She was not blacklisted, just visa cancelled.

Can someone please advise? Thank you.

Yes - she should tell the truth and fill out the form as accurately as she can.

(See, they have computers that make looking up records, like visa and POE entries/denials, very easy).

Not saying something would be a big mistake if caught. They take misrepresentation very seriously.

With that said, I do not believe this would affect her current visa application.