Wife did not make it past homeland and got k-1 cancelled

[grrrrreat 109]

I was in korea a month ago and promised her family I would take care of her. Her having to go back is very difficult, she hasnt seen her family yet only staying with her friends,she is too embarrassed to see her family, I am on here to see if there is a quick fix, but apparently there is none, MY next step is to fly to korea this weekend and get a lawyer there.

thanks everyone for the help, i really thought maybe someone had the magic bullet, but apparantly not, my fiance cannot read english so she cant tell me what kind of paperowrk she got

The most likely thing I think is that she was asked a question about information on one of the forms, and she gave an inaccurate answer.

[jkb11 26]

What has been written down in her passport at the POE is crucial and of utmost importance for her to share that information with you, and if you seek any further help on the forums, you should share that info here as well. What we're looking for is a bunch of numbers and letters in parenthesis, such as "212(a)(6)©(i)". Also, when both you and your fiancee calm down a bit from your frustrations, try getting an explanation from her of what exactly happened. Did she sign anything? What did the whole conversation look like? All these details are very important in order to determine your further actions.

Cheers!

[Rebecca Jo 1,962]

You need a lawyer and you need it now. You don't need to go to Korea to get help on American immigration matters.

Look for Mark Ellis - he is a member here known as ellisisland.

http://www.marcellislaw.com/

Tell him EVERYTHING that happened. I am willing to bet she was turned back around because CBP believe that you are already married.

And please do keep us informed of your situation. There are people here who care and people who would like to learn.

Edited April 26, 2012 by Rebecca Jo

[CarolAnn&Eddy 12]

Wow this is terrible! I had no idea that a K-1 visa holder could be denied entry (with the K-1 in hand of course) unless the border officer found fraud or they were travelling with something that was not allowed into the US.

[Rebecca Jo 1,962]

Wow this is terrible! I had no idea that a K-1 visa holder could be denied entry (with the K-1 in hand of course) unless the border officer found fraud or they were travelling with something that was not allowed into the US.

Yup. Can happen.

Dude, stop logging off the thread! I am trying to help you.

[Milan&Pam 4]

What is point of going through this ridiculously long process, detailed documents and intimidating interview for ONE guy at the airport to decide in 10 minutes you are lying. It is almost as of the VISA is useless. Something in this system definitely broken.

I am so sorry this happened to you! Not only does it kind of anger me, but worries me too. Please let us know how you resolve this...if you do. It would be helpful to give advice to those planning to enter on K-1 so they are prepared. Good luck to you!

[ChetT 9]

If that's all, this cannot be happened

I was called from SFO airport by CBP that one of family member(he does not speak English at all, but he has my phone #) had stayed more than 6 months twice(LPR). If this happens again, he will not be allowed to enter the U.S.

So go figure...something is sketchy here

[Rebecca Jo 1,962]

What is point of going through this ridiculously long process, detailed documents and intimidating interview for ONE guy at the airport to decide in 10 minutes you are lying. It is almost as of the VISA is useless. Something in this system definitely broken.

It's very very very rare. But it can happen.

The point is that - it's immigration. It's the Department of Homeland Security. Customs and Border Patrol is part of DHS. So is USCIS. If at any point, someone believes a step has been overlooked, or a detail missed, or God forbid they believe there has been any deception at all, then the whole process STOPS.

A visa is just a visa. It does not guarantee admission to the US.

[Gary and Alla 3,694]

This was the LAX, no idea what was in her passport, again they didn't let me talk to her, only see her briefly so she could hand me my wedding band, I do not speak korean and she is crying the whole time, what can I do,

Well, let us know what happens when she gets back and what the reason was. Until then we are all just guessing and that wil not help you.

[rocks 494]

Well, let us know what happens when she gets back and what the reason was. Until then we are all just guessing and that wil not help you.

[Ban Hammer 12,852]

please stay on topic and quit hijacking the thread with calls for shutting down the thread and troll calling.

the situation the op is in isn't unheard of. rare, yes, but not the first time this has been talked about on this site.

[Gary and Alla 3,694]

What is point of going through this ridiculously long process, detailed documents and intimidating interview for ONE guy at the airport to decide in 10 minutes you are lying. It is almost as of the VISA is useless. Something in this system definitely broken.

I am so sorry this happened to you! Not only does it kind of anger me, but worries me too. Please let us know how you resolve this...if you do. It would be helpful to give advice to those planning to enter on K-1 so they are prepared. Good luck to you!

CBP ALWAYS has the final say as to if someone is allowed into the country. Even a green card holder can be refused, though it would be rare. Until they are citizens this is something to be aware of.

[Julie y Pat 67]

So you don't speak Korean and her English is not great. And you were ok with just buying her a ticket home and going home yourself? Was for fiancee wearing her wedding band?

[Milan&Pam 4]

I do not know why people are calling me a troll or saying I am making a big joke. I came here for help. I have other post. I have better things to do then go on forums and troll. I just wanted to see if anyone who was in my situation had some sort of help to me. Or someone has the best possible next step to take. I do not know if I can reapply or am I just in need to do some amending with a waiver. All things I do not know what to do. Sorry about the confusion, she is not my wife but fiance. I really do not know what to do because my fiances english is not that great. We studied english together in KOrea and I remember how terrible she was. SHe can talk but comprehending what someone says to her is an issue.

I am sure no one was intentionally trying to be rude. I think maybe they have just never heard of this happening before. This is a quote directly from the U.S State Department Website:

Nonimmigrant Visa for a Fiancé(e) (K-1): A visa allows a foreign citizen to travel to the U.S. port-of-entry and request permission to enter the United States. You should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the U.S. Upon arrival at the port-of-entry, be prepared to present to the CBP officer your passport with visa and your unopened/sealed packet containing your documents. Travelers should review important information about admissions and entry requirements on the CBP website under Travel.

So yes...it is possible and apparently DOES happen. This is actually not the first time I have heard of this. Of course the good question is WHY and how do you fix it. I agree that you should contact an attorney that has had experience with this and knows the laws. Some will charge for consulation and some will not. At this point, you just need advice as to your next step.

I AM wondering if it wasn't the language barrier. I have found that some countries don't know the word "fiancee". My fiancee refers to me as his wife all the time when we are in Macedonia. ( I will need to relay your story before he gets to POE though!) I had to explain to him what fiancee was. And when I was going through passport control at Skopje...I told them I was visiting my fiancee. There officers there had no idea what I was tailing about. "Future Husband" is what got me in.

[belinda63 2,981]

Yep it can happen, my fiance was held in secondary for hours in Chicago. He briefly saw his luggage which they would not let him touch, it was the last time he ever saw it, never been found. They questioned him relentlessly, opened the brown envelope, read a lot of the things in it, questioned him about things in it such as copies of our evidence of a relationship, etc. They kept him so long he missed his connection and had to spend his first ever night in the United States sleeping on a bench in O'Hara airport.