Denied Entry on 2011 using B1/B2 visa. Would that be grounds for denying K1 visa?

[NesCyntz 1]

QUESTION: If your B1/B2 was cancelled at one point and now applying for K1 visa, can they deny you bec of your cancelled visa in the past?

SCENARIO: My fiance had a b1/b2 visa 10 yr multiple entry, he enters US 2008 for work purposes. stayed here for couple of months went back to Philippines. 2010, I went back home to Phil, we got together. 2011 March, we planned for him to visit here for a month. We have a thought of getting married on that visit but no plans for him to stay here yet. So we don't really have concrete plan, we might, we might not. (My stupidity) i told him to bring his birt certificate with him. (why? I really don't know! My thoughts are if we want to get married on this trip, he might need it, bec. back home it was one of the requirements when getting married--so I assumed it would be the same. Really no plans, so I didn't really looked into all the requirements of getting married here. It was a last minute idea, so a day before he leaves for his US trip I told him to take his birth cert with him, while I look into it, just in case).

So he arrives in US, Immigration questioned him:

IO: what is the purpose of this trip?

Fiance Answers: Visiting.

IO: Are you visiting anybody?

Fiance Answers: Yes

IO: Who?

Fiance Answers: My friend, (he gave them my name) (We talked about if we say were Boyfriend/Girlfriend at that time, they might give him a hard time) (ANOTHER STUPID MISTAKE!)

(While they are questioning him, they are already searching his belongings, which they found the birthcertificate which make the matter worst)

So to make the Story short, they have their doubts that he might not go back to the Phil. And the IO called me and asked me really what my relationship with him and that if I lied to them it could be a serious offense. So, I said, he's my boyfriend. And they asked me why did I told him to bring his birth certificate, and if we have any plans of getting married, told him we don't have plans. So, they denied him entry. They gave him a choice. To take the case to the judge(but the IO said that he is pretty sure he'll loose the case), or he can withdraw his entry and he can apply for the right visa. So he chose to withdraw entry, they cancelled his B1/B2 visa.

We started planning to file for the K1 visa. I filed and we we're able to get as far as the interview.

August 28, Tuesday, 2012. He was interviewed, the problem started with the American Consul, after asking him a few question he was asked if he's been to US, and when he said yes, Consul was looking at the computer and told him "oh, you have been denied entry in the US. You are banned" Consul showed my fiance a yellow paper that the next window would explain what it is. Not sure what that yellow paper is. But when my fiance got to the next window, the Filipino officer looked at his file and suddenly said what happened, there seemed to be a mistake. He asked my fiance again what happen at his last trip to US, and he looked on his computer, he said, I won't give you this paper. I am not an expert, but I will have Consul review again, he walked back to Consul, went back to window, he asked for the documents/statements from 2011 trip that was given to my fiance by the Immigration officer, he made copies of those. Then he told my fiance that they will just verify his NBI clearance, and have the Consul review his file again and to wait 3 weeks. If approve, he'll get his passport back with visa on it, and if not, he'll get a letter with statement why.

Does anyone have any clue, advice? Was our situation a ground for Banning him to enter US again? What should I do?

Thanks in advance!!!

God Bless

IO:

My fiance had his K1 visa interview on August 28, 2012.

He wasn't g

[amykathleen2005 441]

The denied entry in itself isn't a problem. However, the lying to immigration/customs is.

[C-ma'am 684]

The denied entry in itself isn't a problem. However, the lying to immigration/customs is.

The ground MIGHT be misinterpretation?

[Que Saudade 284]

It depends on what was said in the interview leading up to the denial.

If they claim that at any point there was misrepresentation, there can be a legal situation.

The fact that he had documents that raised suspicions is not very good.

Now it seems that something is coming up regarding that day.

You will have to wait and see what the final disposition is.

If indeed there is a ban, you will have to look into what is required or needed for a waiver.

Once you get that answer, please come back and let us know...!!

[Moomin 292]

Yeah, a ban is different than just having a tourist visa cancelled and withdraw entry.

Was there any number or anything written in his passport after he withdrew his entry?

[aaydrian 479]

You will just have to wait and see. When your fiance was in the US in 08 'for work' was it legal with the proper visa and what is a 'couple of months' exactly?

[NesCyntz 1]

You will just have to wait and see. When your fiance was in the US in 08 'for work' was it legal with the proper visa and what is a 'couple of months' exactly?

Yes, it is just for 2 months, he was given 3 months, but he left at 2 months. And it was sponsored by his work then.

Yeah, a ban is different than just having a tourist visa cancelled and withdraw entry.

Was there any number or anything written in his passport after he withdrew his entry?

Hes said they wrote somethin on the Visa. I will go ask and post it back here. Hope that would give us some answers.

[NesCyntz 1]

It depends on what was said in the interview leading up to the denial.

If they claim that at any point there was misrepresentation, there can be a legal situation.

The fact that he had documents that raised suspicions is not very good.

Now it seems that something is coming up regarding that day.

You will have to wait and see what the final disposition is.

If indeed there is a ban, you will have to look into what is required or needed for a waiver.

Once you get that answer, please come back and let us know...!!

The interview was going well he said. Until he was asked if he's been on other contries and what countries has he visited. When he said, US, consul checked the computer quickly and said quickly that you are banned. and the next officer will give him a paper, and he showed him a yellow piece of paper, and he needs to wait for his number to be called again. Then the Filipino officer, when he started explaining what all the yellow paper is about, he didn't get to finished what he was saying and said seemed like there is a mistake, he went back to the consul, came back to the window, and asked him about what really happen. and he said, that ok, sounds like this is a mistake, leave your passport, give me all your documents and wait 3 weeks. if approve, you will get your passport with a visa, if denied, you'll get a letter. So that was it. what do you think?

[C-ma'am 684]

The interview was going well he said. Until he was asked if he's been on other contries and what countries has he visited. When he said, US, consul checked the computer quickly and said quickly that you are banned. and the next officer will give him a paper, and he showed him a yellow piece of paper, and he needs to wait for his number to be called again. Then the Filipino officer, when he started explaining what all the yellow paper is about, he didn't get to finished what he was saying and said seemed like there is a mistake, he went back to the consul, came back to the window, and asked him about what really happen. and he said, that ok, sounds like this is a mistake, leave your passport, give me all your documents and wait 3 weeks. if approve, you will get your passport with a visa, if denied, you'll get a letter. So that was it. what do you think?

I think is up in the air, I'm afraid. This could go either way. As hard as it's going to be, you may have to arm yourself with patience and wait.

Have you called DOS? If a decision has been made, DOS should be able to tell you by now... I think

[InHisTime 110]

The interview was going well he said. Until he was asked if he's been on other contries and what countries has he visited. When he said, US, consul checked the computer quickly and said quickly that you are banned. and the next officer will give him a paper, and he showed him a yellow piece of paper, and he needs to wait for his number to be called again. Then the Filipino officer, when he started explaining what all the yellow paper is about, he didn't get to finished what he was saying and said seemed like there is a mistake, he went back to the consul, came back to the window, and asked him about what really happen. and he said, that ok, sounds like this is a mistake, leave your passport, give me all your documents and wait 3 weeks. if approve, you will get your passport with a visa, if denied, you'll get a letter. So that was it. what do you think?

Well, it seems bit scary since he is banned under tourist visa, but never lose hope. Be positive still, the fact they got his passport there is a chance they only need to review the case and finally approve since it is a K-1 visa, not tourist. Good luck and hope for the best !