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ECWilloughbys

Past run-in at JFK, should we worry?

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Hi all, I just posted this in the "Yes, you can visit" thread, but realized maybe some wise person here might know if my fiance IS somehow flagged or on a list somewhere (read below), or if this will come up in his interview at the embassy in London? If so, that's fine, he'll just tell the truth, but he wants to be as prepared as possible. Thanks in advance for any helpful info, this site and forum is a godsend:

Before we were engaged, my English fiance visited me three times in New York last summer. He never stayed more than a few weeks at a time, and followed all the rules: we (obviously) didn't get married, he didn't try to work illegally, etc. But entering at JFK for his third visit, he got pulled aside and taken to an interview room, where the guy behind the counter was really aggressive and rude to him, yelling and asking him what he was doing coming back and forth so much. Fair enough, but no reason to yell. My fiance kept his cool and told the truth, said he was visiting his girlfriend, he did freelance work so he saved up money to come, etc. The man was a real jerk about it, and told him he was abusing the tourist visa program. My fiance was upset about that, because this whole time, we thought we'd been USING the tourist visa program, not abusing it. He'd never stayed for anywhere close to 90 days or anything.

Anyway, the official let him in the country, but told him he didn't want to see him back in the country again for another year. My fiance (who had a ring in his suitcase and was actually coming to propose!) asked if he'd be allowed back within a year if he had a fiance visa, and the man begrudgingly said yes, that was allowed.

I have no idea if he's flagged on a list anywhere, or if this could come up in his interview. They stamped his passport like normal, no notes or anything, but he hasn't risked coming back since, and instead I've been taking advantage of the much longer UK visa waiver program, where I can stay up to six months while we wait to be approved.

We have a friend who works in visas, and she said that he didn't really do anything wrong, but this was unfortunate, and just our luck of the draw that he got this particular guy. It was discouraging for him to be treated so roughly, and hasn't improved his opinions of jumping through the U.S. government's hoops now that we're in the K-1 visa process.


K-1:
April 21, 2010: I-129F Sent (from London to VSC)
April 27, 2010: NOA1, check cashed
July 9, 2010: NOA2 (hardcopy)
July 12, 2010: NVC sent petition to embassy in London
October 7, 2010: Packet 3 logged at embassy
November 3, 2010: Interview: APPROVED!
December 7, 2010: POE: JFK
December 10, 2010: Wedding

AOS:
April 27, 2011: Sent I-485, I-864, EAD and AP to Chicago
May 5, 2011: Received text notifications, check cashed
May 9, 2011: NOA hardcopy via mail
May 14, 2011: RFE (for incorrectly filling out I-693)
June 3, 2011: Biometrics
June 17, 2011: RFE response delivered
June 21, 2011: Case under RFE review
June 23, 2011: Transferred to CSC!
June 29, 2011: EAD and AP approved!
July 9, 2011: EAD/AP card arrived via mail
January 4, 2012: RFE
January 28, 2012: RFE response delivered
January 30, 2012: Case under RFE review
February 8, 2012: Green card in production!
February 14, 2012: Green card received in mail

ROC:

December 4, 2013: Sent I-751 to Vermont Service Center

December 9, 2013: NOA1

January 13, 2014: Biometrics

May 15, 2014: Green card in production!

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Filed: K-1 Visa Country: Peru
Timeline

- This shouldn't cause any problems whatsoever with the K-1 visa process. When he arrives at the port of entry with his K-1 visa he will be fine to enter the country, like the man begrudgingly said. It also shouldn't be mentioned during the interview process either. Your fiance did nothing wrong.

- If the U.S. has has actually "flagged" his passport, which is extremely unlikely, all it means is that if he comes again with a tourist visa he might have to show why he is coming so often. If it is mentioned during the interview, which is also extremely unlikely, all your fiance will have to do is tell the truth and it wont cause any problems.

You should not have any problems, whether "flagged" or not, with the port of entry or the interview.


Peru

I-129F Sent : May 19 2009

I-129F Approved!: Aug 26 2009

NVC: Aug 27 2009

Sent to embassy in Peru: Sept 2 2009

Packet 3 Received: Sept 15 2009

Packet 4 Received: Sept 15 2009

Medical exam results delayed!!! Tuberculosis scare?!?

Interview Date: Oct 1 2009 (without medical exams!)

Medical exams came back: Oct 2 2009 Tuberculosis Positive!!!

Start of treatment: Oct 30 2009

End of Treatment: April 30 2010

Visa Received: May 14 2010

Port of Entry: May 24 2010

SSN:

Work Permit:

Marriage!!!!: July 10 2010

AOE filed:November 3 2010

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Filed: Other Country: China
Timeline

Hi all, I just posted this in the "Yes, you can visit" thread, but realized maybe some wise person here might know if my fiance IS somehow flagged or on a list somewhere (read below), or if this will come up in his interview at the embassy in London? If so, that's fine, he'll just tell the truth, but he wants to be as prepared as possible. Thanks in advance for any helpful info, this site and forum is a godsend:

Before we were engaged, my English fiance visited me three times in New York last summer. He never stayed more than a few weeks at a time, and followed all the rules: we (obviously) didn't get married, he didn't try to work illegally, etc. But entering at JFK for his third visit, he got pulled aside and taken to an interview room, where the guy behind the counter was really aggressive and rude to him, yelling and asking him what he was doing coming back and forth so much. Fair enough, but no reason to yell. My fiance kept his cool and told the truth, said he was visiting his girlfriend, he did freelance work so he saved up money to come, etc. The man was a real jerk about it, and told him he was abusing the tourist visa program. My fiance was upset about that, because this whole time, we thought we'd been USING the tourist visa program, not abusing it. He'd never stayed for anywhere close to 90 days or anything.

Anyway, the official let him in the country, but told him he didn't want to see him back in the country again for another year. My fiance (who had a ring in his suitcase and was actually coming to propose!) asked if he'd be allowed back within a year if he had a fiance visa, and the man begrudgingly said yes, that was allowed.

I have no idea if he's flagged on a list anywhere, or if this could come up in his interview. They stamped his passport like normal, no notes or anything, but he hasn't risked coming back since, and instead I've been taking advantage of the much longer UK visa waiver program, where I can stay up to six months while we wait to be approved.

We have a friend who works in visas, and she said that he didn't really do anything wrong, but this was unfortunate, and just our luck of the draw that he got this particular guy. It was discouraging for him to be treated so roughly, and hasn't improved his opinions of jumping through the U.S. government's hoops now that we're in the K-1 visa process.

If asked, explain candidly.


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Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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- This shouldn't cause any problems whatsoever with the K-1 visa process. When he arrives at the port of entry with his K-1 visa he will be fine to enter the country, like the man begrudgingly said. It also shouldn't be mentioned during the interview process either. Your fiance did nothing wrong.

- If the U.S. has has actually "flagged" his passport, which is extremely unlikely, all it means is that if he comes again with a tourist visa he might have to show why he is coming so often. If it is mentioned during the interview, which is also extremely unlikely, all your fiance will have to do is tell the truth and it wont cause any problems.

You should not have any problems, whether "flagged" or not, with the port of entry or the interview.

Thank you so much! We both know we were on the up and up, but just want to be as prepared as possible for anything. It's a relief to hear you think it shouldn't be an issue.


K-1:
April 21, 2010: I-129F Sent (from London to VSC)
April 27, 2010: NOA1, check cashed
July 9, 2010: NOA2 (hardcopy)
July 12, 2010: NVC sent petition to embassy in London
October 7, 2010: Packet 3 logged at embassy
November 3, 2010: Interview: APPROVED!
December 7, 2010: POE: JFK
December 10, 2010: Wedding

AOS:
April 27, 2011: Sent I-485, I-864, EAD and AP to Chicago
May 5, 2011: Received text notifications, check cashed
May 9, 2011: NOA hardcopy via mail
May 14, 2011: RFE (for incorrectly filling out I-693)
June 3, 2011: Biometrics
June 17, 2011: RFE response delivered
June 21, 2011: Case under RFE review
June 23, 2011: Transferred to CSC!
June 29, 2011: EAD and AP approved!
July 9, 2011: EAD/AP card arrived via mail
January 4, 2012: RFE
January 28, 2012: RFE response delivered
January 30, 2012: Case under RFE review
February 8, 2012: Green card in production!
February 14, 2012: Green card received in mail

ROC:

December 4, 2013: Sent I-751 to Vermont Service Center

December 9, 2013: NOA1

January 13, 2014: Biometrics

May 15, 2014: Green card in production!

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Nik was grilled in Secondary for all but one entry. Was never mentioned in the K-1 process. As you say, you followed the rules and didn't overstay. There should be no problem at all with the K-1 visa.


K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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Filed: Citizen (apr) Country: England
Timeline

This happened to my husband on one of his visits, and it didn't affect him coming to visit again or give him any problems at all with his K-1.


flag45.gif Damian & Kelly 1502.gif

Rugby, England >> Harrisburg, PA.

Summer 2005 -- Met on Pokerstars.com

June 15th, 2006 -- Met in Person

Feb 1st, 2008 -- Filed I-129F

May 2nd, 2008 -- Visa Interview = Approved. (91days)

May 27th, 2008 -- Damian moves to America!

July 23rd - 30th, 2008 -- Damian's Mum Comes to the US for our wedding.

July 25th, 2008 -- Wedding Day!

March 16th, 2009 -- AOS Sent

May 8th, 2009 -- EAD & AP Approved (51days)

July 14th, 2009 -- AOS Approved!! (118days)

July 21st, 2009 -- Green Card Received (125days)

No RFEs the whole process :) All done myself.

December 4th - 30th, 2009 -- Visited England

April 8th - 30th, 2010 -- Damian's Brother visits us here in PA.

January 19th, 2010 -- Damian got his PA license.

December 10th - 19th, 2010 -- Visited England

September 16th - 30th, 2011 -- Damian's Parents came to visit us here in PA.

June 1st, 2011 -- Mailed ROC to Vermont.

February 21st, 2012 -- 10 Year Green Card Received

April 14th, 2012 -- N-400 Sent to Dallas Lockbox

November 26th, 2012 – Damian Became a US Citizen!!!

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I've been refused entry (long before I was naturalised to US--or even had GC) at Calgary's PFI before--and they do keep records on refusals.


2005/07/10 I-129F filed for Pras

2005/11/07 I-129F approved, forwarded to NVC--to Chennai Consulate 2005/11/14

2005/12/02 Packet-3 received from Chennai

2005/12/21 Visa Interview Date

2006/04/04 Pras' entry into US at DTW

2006/04/15 Church Wedding at Novi (Detroit suburb), MI

2006/05/01 AOS Packet (I-485/I-131/I-765) filed at Chicago

2006/08/23 AP and EAD approved. Two down, 1.5 to go

2006/10/13 Pras' I-485 interview--APPROVED!

2006/10/27 Pras' conditional GC arrives -- .5 to go (2 yrs to Conditions Removal)

2008/07/21 I-751 (conditions removal) filed

2008/08/22 I-751 biometrics completed

2009/06/18 I-751 approved

2009/07/03 10-year GC received; last 0.5 done!

2009/07/23 Pras files N-400

2009/11/16 My 46TH birthday, Pras N-400 approved

2010/03/18 Pras' swear-in

---------------------------------------------------------------------

As long as the LORD's beside me, I don't care if this road ever ends.

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Filed: Other Timeline

I don't anticipate any problems for him. It was just one bad encounter which he mastered by keeping his cool. If the CBP Officer had been given any reason to stamp his passport, he would have.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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I wondered about that... If at the POE they could question you on why you're coming in. As far as I know, your K1 or whichever one you're on is your 'Golden Ticket.' You've done all the hard work to get to this point, so in you jolly well go :) There shouldn't be any problems.

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