K1: How might a previous tourist visa revocation affect things now?

[EbMex2Va 0]

Hello and good morning all!

My name is Travis. I’ve been on VJ for quite some time reading and learning (what an outstanding resource!), and this is my very first post. My fiancée and I have been together for 2 years and two months, we have been engaged since last April (2010) and we are now at the point of filing for the K1 visa. With the help of all the documentation and advice here on VJ, I have finally (99.9%) completed the compiling of our package!

I'm a little concerned with one fact of our relationship in particular that I feel an adjudicator or interviewing official might have a tough time with. She is from Mexico and as I understand we'll be going through the CD Juarez consulate.

My question is: Will a previous revocation of a tourist visa cause our K-1 to be a dead end? I am including a very brief explanation in the I-129F package, and our plan is for her to explain the situation fully if it is brought up in the interview. Will she have the opportunity to fully explain the previous situation?

The reason on record for the revocation is that "she lied about her employment status". This wasn't true.

A few other facts of our relationship:

- We attempted to marry in Mexico in the summer of 2010 (on two separate trips), but both times I just couldn't stay away from my business responsibilities at home for the full 5-35 waiting days + 7-14 days to book the meeting with the judge. I plan to submit all of the documentation gathered from that process as additional evidence for the K1. Ring receipts, signed forms, permit from Mexican immigration to marry, it's all in there.

- She has a son, 3 years old. Biological father has never been there and is not named on the birth certificate.

Any advice is thoroughly appreciated!

[Boiler 43,506]

Possibly, not enough info to know.

[Penguin_ie 5,986]

As Boiler says, we need more info. How long did she have the visa, and under what circumstances was it revoked? Did she appeal/ present proof the revocation was wrong at the time? Is there anything stamped/ written in her passport over the revoked visa?

[Harsh_77 716]

To me its simple question about her visa revocation would comeup ? – Answers I big YES.

Will your case be more scrutinized and again answer is big YES.

They would want to make sure that this is not an attempt just to gain entry in US.

If your question is will you case just be rejected, based on previous revocation then no.

[Bobby+Umit 161]

The reason on record for the revocation is that "she lied about her employment status". This wasn't true.

Misrepresentation is a "cardinal sin" to the USG.

However, you said it wasn't true - can she prove it? and if so, why didn't she prove it then?

I suspect you may face a harder go at this than normal.

I am including a very brief explanation in the I-129F package,

Why? There is nothing asking for that in the I-129F forms.

You would most likely encounter this when filling out the forms for the embassy interview, and will be given the chance to discuss things there.

[EbMex2Va 0]

Thank you very much for the very prompt replies! Yes that answered my question whether there was a steadfast rule against previous revocations. I have another question, but first I’ll need to get into a fair amount of detail to give you guys something to work with. I’ll try to summarize as much as possible.

How we met:

My fiancée Zayra and I met in December of 2008. This was during my first trip to central Mexico with my father and his wife Maria (not my mother). We were going Maria's hometown to visit her family. When we arrived, everyone came out to greet us, and in this unforgettable moment was when I met Zayra and her son Javier (at the time he was just a little thing at 1 year old). I took a strong liking to them both immediately. After asking Maria several questions about Zayra, I came to find out that Zayra one of is Maria’s nieces, and that she was single!

Zayra and I spent a lot of that time together throughout that week-long visit. I helped her watch little Javier during the days. Although my Spanish was somewhat limited at the time, we found ways around missing words in our sentences. She thought it was very amusing the way I stammered through my sentences in Spanish, and to be honest I couldn't help but laugh as well. Any time we got really stuck Maria was there to translate.

On our last day I mentioned to Zayra that she should obtain a tourist visa to return the favor and come visit me and her aunt for a while when she gets a chance. She smiled and told me that she would try to do that. We kept in close contact after that via texting and translated calls with the help of Maria and several of my friends, and we went on to develop a strong relationship.

The previous visa:

Fast-forwarding about 10 months, Zayra eventually did get that tourist visa. She was approved in November 2009. She was employed at a local pharmacy at the time, and had been employed there since 2005. During 2009 she saved 15 days of vacation at the pharmacy to visit me and her aunt here in VA, and would return home in time to return to work. In December 2009 she took the bus north to Matamoros for her entrance interview. We wanted the trip to happen as soon as possible, which was less than a month after she obtained the visa.

At her interview, everything was running smoothly until the interviewing agent called the pharmacy to confirm her employment. The pharmacy manager told the officer that Zayra "did not work there". This was an outright lie, and has really made things difficult for us since.

I’d prefer not to go into much detail as to the reasons the manager did this, but she had been having problems with this man for years. To sum it up in a few words: he was interested in her and didn't know what no meant. He had openly pursued her for several years at work to no avail, to the point of harassment and beyond that. There is more to this story regarding his actions; however I prefer not to go into those details.

The interview itself only lasted a few minutes, but immediately following the interview her possessions were stripped from her and she was moved to a different room in the consulate where she was locked inside for 6-7 hours awaiting interrogation. After finally being interrogated, accused of fraud, and being threatened with serious prison time, she “admitted” to the accusations to end the ordeal. This “admission” was in writing. Despite my urging, I could not convince her to appeal afterward. She is deeply bothered by the fact that she will need to interview again.

Why? There is nothing asking for that in the I-129F forms.

You would most likely encounter this when filling out the forms for the embassy interview, and will be given the chance to discuss things there.

My thinking has been to mention the previous visa situation right up front, so there is no confusion about us trying to hide something. Also, I feel that by me acknowledging these things up front, it will show that an upstanding US Citizen with a 100% clean record is vouching for her. I think it will also help to show that she is not making this up at the interview. Not sure how much all this will weigh in, but I think it has to count at least a little. With that being said, I’ve never done this before so these are really just our gut feelings. I may be having the wrong idea about this though. What would you do in this situation?

I gave approximately this same amount of information in my I-129F package as what I’ve written above. We originally thought that it would be best to save the details for her to explain these things in person when it comes up. However, I have read several mentions here on VJ that the consulate can disregard new information brought or submitted in person at the interview... whereas on the other hand, a solid front-loaded case regarding this situation might be harder to dismiss.

With all that being said, my question is this: Given the situation, would it be better to front-load details so that our case regarding the previous visa is on record from the beginning, or wait for her to explain this to the interviewing officer at the consulate and hope they listen?

[Boiler 43,506]

So what was the end result?

[EbMex2Va 0]

She ended up "confessing" to the accusations to end the ordeal. Her tourist visa was revoked. As I understand it, to reapply she would need to wait 5 years. She would also need to make a written apology to the country in order to be considered for a future tourist visa. Not sure if this would apply to the K1.

[Boiler 43,506]

Sounds like you are going to need a waiver.

She must have been given something, a series of letters an numbers relating to the relevant law.

[EbMex2Va 0]

She is going to scan the full 2-page document so I can get a better look. Here is what she transcribed for me:

"You are ineligible for admission to the unites states because you, by fraud or by willfully misrepresenting a material fact, seek to procure (or have sought to procure or have procured) a visa, other documentation or admission into the united states or other provided under inmigration and nationality act"

It sounds like Provision #275 under Chapter 8 of the IN Act.

SEC. 275. [8 U.S.C. 1325]

(a) Any alien who (1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or (2) eludes examination or inspection by immigration officers, or (3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, United States Code, or imprisoned not more than 2 years, or both.

I have looked into the I-601 Waiver. Since it needs to be processed at the U.S. Embassy or Consulate that will be handling her visa, would it be wise to front-load the waiver in it's own folder within the I-129F package?

[Boiler 43,506]

No

[EbMex2Va 0]

Ok, thank you. Now with the issue of the waiver, is this how our sequence of events will look like:

1. Send in the I-129F now.

2. Prepare our case for the wavier before her interview.

3. At the interview, she will present the waiver and relevant details.

Sound right?

Thanks again for the help!

[Boiler 43,506]

I am not sure about CDJ, sometimes you can file at the interview, other times you make an appointment to go back and file.

I would not worry about that now, just have it ready so you are good to go either way.

And they have a habit of changing procedures so exactly what happens now may change.

[gretchen_darren 67]

just get a lawyer and be prepared to fight. And find a way to get a confession from the manager of the pharmacy or other workers at the pharmacy. Testimony to show the ordeal. Also, the USG having a signed "confession" makes it harder. If this guy had been causing all of these problems, how did one not know he would cause other problems as well. By staying where she did, she made it easy for him to manipulate her circumstances into his favor. There are many people like this in the world. If she was paid in checks, paystubs, paid income taxes, shows some statement of work there this can be used. But I STRONGLY suggest getting a lawyer. You are going to have a hard fight. the innocent victim with lots and lots of strong evidnece will help. But going at this without a lawyer is very very unwise.

[katiemanny 64]

Get a lawyer a very good one, and that wont be cheap, also was your wife charged with material misrepresentation, visa fraud, what was the final sentence before the visa was revoked, and also you said its not true that she worked on her tourist visa, when indeed she admitted she did work on it or you are trying to say that they forced her to admit she violated her tourist visa terms.

Also the reason you need a good lawyer is to prepare a solid waiver of extreme hardship in case there's a ban involve usually 10 years or indefinitely. Other than that your wife had already lost the first fight which was her visa.

Edited March 24, 2011 by katiemanny