Waiver for grounds of inadmissibility

[AM1620 4]

Hi all,

I've been in the process of applying for the K1 for my fiance in Spain. Back in October he was denied entry into the US because we were intending to marry. He was told that he would have to apply for an immigrant or nonimmigrant visa if he wants to return so that is why we have been in the K1 process. We ordered all the records that were given in Atlanta when he was denied entry, and on one of the forms it states that he may not enter the States without this visa AND a waiver for grounds of inadmissibility. Does anyone have any experience with this? Is this something that we must apply for after he gets the K1, and if so, how long does it normally take? Is it something that can be done before hand?

Thank you all very much

[katiemanny 64]

I would recommend you to consult with a well qualified Immigration Attorney, you will need a waiver because your husband was trying to use VWP with the intention to get married and AOS, that's committing fraud, if he was caught lying that's material misrepresentation and carry a permanent bar from entering the US, you need to consult with an Attorney.

Edited May 26, 2011 by katiemanny

[AM1620 4]

thanks for your reply. I do have an attorney helping me with this case, she is a very close family friend, she said that she suspected we would need a waiver as well. No where does it mention that he has a bar from entering, only that he needs the waiver. Even on the border they assured him that he can return with a K1 or K3 visa, so I'm really hoping that isn't this case..

I would recommend you to consult with a well qualified Immigration Attorney, you will need a waiver because your husband was trying to use VWP with the intention to get married and AOS, that's committing fraud, if he was caught lying that's material misrepresentation and carry a permanent bar from entering the US, you need to consult with an Attorney.

[canadian_wife 1,823]

What, if anything, was written into his passport? Was it a simple denial of entry or was it an expedited removal?

What other paperwork did he sign

On what grounds does it say he needs a waiver?

You need LOTS more information here to let us help you

Good luck

[Used to be broken 147]

thanks for your reply. I do have an attorney helping me with this case, she is a very close family friend, she said that she suspected we would need a waiver as well. No where does it mention that he has a bar from entering, only that he needs the waiver. Even on the border they assured him that he can return with a K1 or K3 visa, so I'm really hoping that isn't this case..

Is your close family friend an Immigration Attorney with experience in the bars and waivers? If not close friend or not get an expert opinion.

Did he get pulled into secondary interview when he got refused entry? What prompted them to refuse him and what did he say?