K1 recipient didn´t overstay but did work unauthorized on B2

[esperanza Ecuador 0]

I realize the topic of K1 recipients having illegaly worked during a visit has come up in this forum before, but usually it is when they have overstayed their Visa or also done something else to classify them inadmissable.

In our case my fiance was here 5 months, requested an extension on his B2 Tourist Visa, was GRANTED another 6 months, but during that time did engage in unauthorized work. He voluntarily left before the extended six months were up, a few days short of the one year mark. To face his Demons and a cheating wife, file for divorce, and do right by his kids, of course!

To answer basic questions, yes, we did disclose all his past job locations and places of residence, including the time he was here. Also, he was turned around at POE in Sept., due to DHS knowledge of his work from an old W-4 tax statement with his name (yes, he used his real name).

Wish I would have not been so blind in the crappy dating relationship I had in 2007...maybe I would have cooked up more than friendship only with him at that point, but alas, the past is gone.

These are grounds for inadmissable, and we will check the box on the D156 stating he did break a rule on a previous visit. Sometimes such honesty is rewarded. Here´s the question...Anybody know how often?

And yes, I will try to keep in mind that whatever the answer, it is diminished by the fact that I´m going through the infamous US Consulate in Guayaquil, Ecuador. Still, in true love, there is always hope for a pardon.

[Used to be broken 143]

I realize the topic of K1 recipients having illegaly worked during a visit has come up in this forum before, but usually it is when they have overstayed their Visa or also done something else to classify them inadmissable.

I an old W-4 tax statement with his name (yes, he used his real name).

These are grounds for inadmissable, and we will check the box on the D156 stating he did break a rule on a previous visit. Sometimes such honesty is rewarded. Here´s the question...Anybody know how often?

And yes, I will try to keep in mind that whatever the answer, it is diminished by the fact that I´m going through the infamous US Consulate in Guayaquil, Ecuador. Still, in true love, there is always hope for a pardon.

There is no "rewards" for honesty with DHS period. The only thing that can come of this type of disclosure is futher inquiry. STOP what you are doing and find a board certified Attorney registered with AILA. It might seem expensive but making a misrepresentation in error ..in the eyes of DHS is very serious.

[emt103c 10]

Were there any codes written in his passport when he was "turned around" at the border? Usually they make a Misrepresentation charge for this, and sometimes an expedited removal? Was he given either of these or any paperwork at the border?

[Brother Hesekiel 2,235]

I'm still not sure I'm getting it. Your fiance is now in Ecuador and he was refused entry as a B2 or K-1?

[Bobby+Umit 161]

There is no "rewards" for honesty with DHS period. The only thing that can come of this type of disclosure is futher inquiry. STOP what you are doing and find a board certified Attorney registered with AILA. It might seem expensive but making a misrepresentation in error ..in the eyes of DHS is very serious.

Do not agree.

He is in the system all ready - they know what he did.

If he fails to disclose this information when requested - that would be considered misrepresentation and he will have a bad day if they discover it (most likely they will, since he was stopped at the POE previously)

[john_and_marlene 162]

The ban for unauthorized work is 5 years. The K-1 will be denied if the 5 years have not been met, however, the ban is waivable for hardship. A hardship waiver is not something you should do without an immigration attorney with extensive hardship waiver experience.

You can't submit the waiver until the visa has been initially denied, but you can have it ready to submit immediately after the denial.

The honesy will be rewarded by not imposing a lifetime ban for misrepresentation.

[Used to be broken 143]

Do not agree.

He is in the system all ready - they know what he did.

If he fails to disclose this information when requested - that would be considered misrepresentation and he will have a bad day if they discover it (most likely they will, since he was stopped at the POE previously)

Not sure what you are not in agreement with here, I am saying exactly what you just said.

...That this OP should not make a misrepresentation. Since there is a need for a waiver here, no sense in rushing into the process before they talk to an attorney.

*this is not legal advice and I am not "pro-attorney, it is a high stakes game and effects family unity so protect your hindquarters is my only advice

[esperanza Ecuador 0]

He was turned around in Sept. as a B2. They obviously knew he had worked unauthorized. As for not realizing this would happen...just plain ignorance. He had little awareness of the consequences and system for tracking employment. We were dating long distance and he was coming back to visit a month and give the relationship a more serious and long term run with myself and my kids, had rings ready...

His passport B2 visa was crossed out, with this written:

EXP R.O. 9/20/2009 ATL (Atlanta) 7A1

and A#xxxxx xxx

which I take to be an alien number???

He scanned me a copy of the interview paperwork the officers gave him. The officers asked him if he had worked at that point. He was completely honest. I am positive that was the reason.

and I should have clarified the question I originally asked. I was not asking about how often people get rewarded for honesty when they have committed an error in their past. I was asking how often the Consulates and Embassies have allowed approved in this situation.

Thanks for the comment on the 5 year ban. That would give us two more years apart? Starting from his voluntary departure in Sept. of 2007 before the Visa expired and before his allowed time here was up? It doesn´t start when he was turned around in Sept 2009, does it?

[esperanza Ecuador 0]

Hardship is not an option. I earn a good wage and would not qualify. In fact, I´m heading down on a trip there this summer. So we will interview if California approves with NOA2. We will disclose on the 156 the prior violation and take our fate. Nobody answered this part, do we have any chance of passing at that point?

[esperanza Ecuador 0]

Were there any codes written in his passport when he was "turned around" at the border? Usually they make a Misrepresentation charge for this, and sometimes an expedited removal? Was he given either of these or any paperwork at the border?

I found it on a scanned copy of the paperwork the POE gave him. Stating his Visa was no longer valid and/or he violated the terms of his last Visa by accepting unauthorized employment. Reason checked at the top.

(7)(A)(i))(I). The bottom of the sheet has an Order for Removal under Section 235(b)(I) of the Act.

[Minya's wife 24]

Hardship is not an option. I earn a good wage and would not qualify. In fact, I´m heading down on a trip there this summer. So we will interview if California approves with NOA2. We will disclose on the 156 the prior violation and take our fate. Nobody answered this part, do we have any chance of passing at that point?

Just a point of clarification here...hardship in this context is meant the hardship you(the USC) would face if he is not issued a visa and you would have to move out of the US to be with him in his place of residence...it is not a financial hardship.

[esperanza Ecuador 0]

Just a point of clarification here...hardship in this context is meant the hardship you(the USC) would face if he is not issued a visa and you would have to move out of the US to be with him in his place of residence...it is not a financial hardship.

Oh, huge thank you for clarifying. My head is spinning with the five year news... Yes, definite hardship for me to go to Ecuador. I have shared custody of a 7 year old here, his dad has shared physical placement. Am unable to move. I would not be able to repay my student loans on a professional level income in Ecuador either, nor support my two kids in college here. Huge factors. Thank you again.

On a total side note, better to stay unmarried through the whole process of appealing the k1, right? Putting the risks of possible long term marriage separation aside, would it give us a better chance or complicate things worse?

[Minya's wife 24]

The K-1 is a specific 'unmarried' visa. It is a fiancee visa...granted to the beneficiary for the express purpose of coming to the US to marry the citizen fiance(e). If you were to chose marriage, it would be an IR/CR visa that would be needed.

[emt103c 10]

The five year ban is for the expedited removal, that it appears he has. There is no hardship waiver for accepting unauthorized work, the only way he would need the hardship waiver is if they decided to charge him with 6c Misrepresentation, which it appears they did not. . .they still could at the consular stage, but would not necessarily do it. If they do not charge with Misrep, then all he would need is an I-212 for which the burden of proof is MUCH, MUCH lower. You should consult with a good attorney (specifically Laurel Scott or another with LOADS of experience. . .) to confirm all of the details of the case. You do not want any surprises at the interview.

[esperanza Ecuador 0]

The five year ban is for the expedited removal, that it appears he has. There is no hardship waiver for accepting unauthorized work, the only way he would need the hardship waiver is if they decided to charge him with 6c Misrepresentation, which it appears they did not. . .they still could at the consular stage, but would not necessarily do it. If they do not charge with Misrep, then all he would need is an I-212 for which the burden of proof is MUCH, MUCH lower. You should consult with a good attorney (specifically Laurel Scott or another with LOADS of experience. . .) to confirm all of the details of the case. You do not want any surprises at the interview.

Have you read up on Ecuador´s reputation for interviews? There is NO level of preparing that is sufficient. And suprises, confusion, and unexpected events are the standard for even a simple clear-cut case.

Thanks to all of you for the advice. VJ is a blessing. At this point, yes, we will consult with an attourney.