What are her Chances of being granted a K1 Visa?

[Timyon 0]

I am an active duty military member with pending fianc'ee Visa application in US Embassy London. We already have a case number and are a few days away from recieving her Police report and scheduling medical appointment. I have a lawyer but dont want to waste my time or effort or more money with her.

It is a rather long letter but wanted to ask someone more experienced on the best way to proceed and ask members opinions on her chances of getting a visa granted after being sent back 2x.

********* Edited for privacy **************

To: Whom it may concern

Subject: Supplemental to Question 42 on DS230 part 1

I XXXXXXXXXXXX am writing this letter to further explain the circumstances that led up to my Fiancé XXXXXXX getting denied at the port of entry in the United states at Washington Dulles International airport on May XX, 2012 and again in December XX 2012 at JFK airport.

In haste preparation for her trip in May 2012, I made an honest mistake and accidentally booked her airline ticket for 92 days instead of the maximum of 90 days IAW U.S. visa rules, and policies. While choosing the departure and return dates we were able to save like $400 on the cost of the ticket, however; while choosing these dates both the United Airlines travel agent and I lost situational awareness in regards to the total number of days of the trip. We scheduled her visit for this long because I am active duty US XXXXXXXXXXX (DHS) and while transferring jobs in the XXXXXXXXXXX from Charleston SC to San Diego CA; we had planned a trip to spend quality time together while also taking advantage of all my vacation / paid travel across country for the relocation. In preparation for my new job in San Diego, I was attending training in Norfolk VA (her final destination); however when I booked her ETSA waiver Visa I uses my Charleston SC address since this was still my legal residence as neither of us knew the address on base in Norfolk where I was attending training. This was one of the first reasons the Customs and Border agents used to questioned XXXXXXXXXXXXXXXXX because she was unable to provide my address in Norfolk coupled with the fact she have visited me here like four to five times in a one year period, always and I want again to stress “ALWAYS” obeying the law as she responsibly returned without incidence each time. This training in Norfolk was also the reason we had to change the original tickets destination which led up to the mistake in booking over 90 days. United Airlines admitted their mistake, since as travel agents, they are also responsible not to book a ticket that doesn’t meet U.S. travel requirements as they knew that XXXXXXXXXXXXXXXXX’s passport information, as a result they gave us a credit for the amount of the ticket since this problem was partially there mistake as well as ours. Since XXXXXXXXXXXXXXXXX was going to be staying here for that long her employer would not allow her to keep her job for such a lengthy vacation would be a common case for most employers; she of course lost her job and to save money we also decided to let her apartment go, as upon her return she planned to move to London staying at her friend’s house until she found her own place, as she was in search of a better job. London was also closer to the embassy in case we decided to proceed with our discussions about getting married. We had been dating for approximately 14 months at that point and very much in love we had a good feeling we were possibly going to marry in the future but had only had discussed this and had no intensions on doing so on that trip, especially if illegal to do so. I had wrongfully suggested to XXXXXXXXXXXXXXXXX to bring all of her things with her since the cost of shipping was too expensive if she were to move here in the future and us not knowing any better she did so especially since she assumed I knew what I was doing and would never intentionally misinform her. The customs and border agents used all of this circumstantial information to paint a false picture and very wrongfully presumed that she was somehow intent to break the law and not return to the United Kingdom although her history and track record indicated that she was a responsible and law abiding individual, despite this she was considered guilty until proven innocent. We would never do that because for one I know that we wanted to be together and eventually get married and overstaying by two days would be a foolish risk that would guarantee us not being together in the future. As a responsible person who has achieved the rank of Rank Petty Officer in the United States XXXXXXXXXXX I would never jeopardize my career or the welfare of the person I love by violating any laws especially ones that we knew could ruin her chances of immigrating legally by doing something as ridiculous as have her overstay by two days.

The circumstantial evidence used against XXXXXXXXXXXXXXXXX was only the result of my lack of attention to detail, inexperience, lack of understanding of travel / visa requirements and us being cost conscious, as most people in our situation cannot afford to pay rent for 90 days without a job and most employers will not allow a person to take off work for so long. Although XXXXXXXXXXXXXXXXX and I had discussed and getting married it was clear that our efforts and intensions were legitimate, honest, at a later date in the future and only would be completed legally. Bringing her paperwork was only us being prudent and prepared since we knew about some of the requirements and XXXXXXXXXXXXXXXXX also wanted to show me evidence that she was completely and legally divorced. XXXXXXXXXXXXXXXXX was moving from Chesterfield and going to America for 90 days so her friends decided to through her a party which again is all legitimate normal behavior for someone of her age and a common tradition in Pilipino culture, and they were aware of her plans to move to London upon her return.

I personally feel that XXXXXXXXXXXXXXXXX being innocent, honest, in love and also inexperienced in visa matters is only guilty of listening to my advice. As a result she was very wrongfully subjected to maltreatment at the hands of the customs agents who manipulated her answers using circumstantial evidence, her lack of understanding of US immigration laws and visa requirements and other “strong-arm tactics to inaccurately represent her intensions which resulted in her being sent back to the United Kingdom. The devious manner of questioning “entrapped” XXXXXXXXXXXXXXXXX into an answer with a predetermined consequence; By honestly admitting to them we had casually discussed marriage at one point the overzealous agents wrongfully classified (in my opinion) her to be an “intended immigrant” and without sufficient evidence assumed she planned to circumvent the rules. I feel she can prove this completely false as we are prepared to answer any questions, as well as provide paperwork or evidence to dispute the allegations made against my fiancé.

In the case of the second incident on December 11th -12th 2012, I had just left London on the 7th of December visiting her on vacation and we knew her pending I129F fiancé visa application was close to being approved however due to my military commitments was unable to be with her on Christmas and New Year’s, which was very important to us as wanted to spend those precious holidays together. When making these travel plans and after consulting with our attorney we knew that coming to the U.S. was not allowed due to the pending I129F application.

The customs agents reasoning to deny XXXXXXXXXXXXXXXXX on this instance as stated to her, was that she incorrectly or intentionally filled out the ETSA waiver visa; and that her previous denial was grounds for being ineligible for the ETSA waiver program. Upon our attorney’s advice and a review of her passport, the previous incident at Washington Dulles is clearly stamped “application withdrawn” and “not a refusal or denial.” In regards to our plans to spend the Holidays together I also obtained permission from my Commanding officer, (documentation available upon request) completing the necessary paperwork for active duty members which would allow me to visit her in Tijuana Mexico, which is only 7 miles from my work in San Diego Ca. My commanding officer and Executive officer were aware of our intensions and have indicated that they would be willing to state my trustworthiness and transparency regarding our transparency in this matter, understanding that as a respectable Rank Petty officer would not jeopardize my job, or my security clearance by assisting or allowing XXXXXXXXXXXXXXXXX to do anything illegal as she has been very honest with this whole process. The potential chance for XXXXXXXXXXXXXXXXX to enter the US illegally was explained to the agents and the evidence to support this was also explained to them. XXXXXXXXXXXXXXXXX calmly attempted to use common sense explaining to the agents that after $2500 paid to a lawyer and the additional monies and effort to properly submitting the I129F, would never do anything to jeopardize her pending fiancé visa application which was approved by USCIS only 7 days after her incident at JFK. It should be apparent that we are, and always have been attempting to follow the rules without breaking any laws, the only thing we are guilty of is being in love and wanting to be together and making some poor choices due to the complicated travel process without much guidance or experience in the matter.

Although I support and respect my fellow Custom and border agents authority to protect this countries security, immigration and border concerns I think in this particular case the evidence to deny her the opportunity to transit planes was unwarranted and appalling for the people who are making clear efforts to obey the guidelines to the best of our ability and knowledge. We had discussed avoiding this whole issue and just changing the ticket to a non U.S. city however by this time the ETSA waiver visa had come back approved and since her passport number is used on that application we presumed that there was no way someone ineligible would have received an approved ETSA waiver visa and not be allowed to transit a US airport never leaving the international terminal. The ticket price to a non U.S. city by this time was nearly $1000 increase all with more than 12 hours layover in Mexico City. A search of Airline ticket departing Heathrow Airport will prove this to be a fact; and since XXXXXXXXXXXXXXXXX doesn’t speak Spanish and in a third-world country airport without me, I assumed I was making a safe decision by booking her cheaper ticket through a US, which I incorrectly presumed to be safer for her. Since XXXXXXXXXXXXXXXXX’s ticket was only transferring planes in JFK airport never leaving the international terminal of the airport we did not foresee a problem. After receiving the approved Transit ESTA waiver Visa indicating Transit only and final destination of Tijuana I advised her to fly although we were a bit apprehensive and uncertain about our plans but foolishly in love we proceeded with our plans.

Upon landing XXXXXXXXXXXXXXXXX entered the port area where customs officers denied her entry into the United States. Since her ESTA waiver visa application came back approved we did not understand how or why she was not allowed to change planes and for us to be together. The custom and border agents again reverted to “entrapment style” interrogation techniques and “loaded questions” accusing XXXXXXXXXXXXXXXXX with intensions to run out the gates at any second. When XXXXXXXXXXXXXXXXX debunked that theory by means of common sense the desperate agents changed accusations and stated that the real master plan was to allegedly sneak illegally across the U.S. border in the middle of the night.

When XXXXXXXXXXXXXXXXX had enough and decided to stand up in defend her honor, the agents decided to teach her a lesson and after 15 hours of confinement (two) 6’ tall 200 pound armed agents escorted my humiliated 100lb fiancé in handcuffs in front of her fellow passengers back to her airplane where she was returned to London. I plead with you to recognize XXXXXXXXXXXXXXXXX never attempted to circumvent any rules only being honest and truthful while filling out any forms or applications. We are only a couple in love and most definitely following the rules and only trying to be together by following the many rules that will allow us to do so. If XXXXXXXXXXXXXXXXX is guilty of anything it has been listening to me as I was supposed to be the one advising her correctly without making any mistakes, I hope our mistakes can be judged fairly, with conscious and without being taken out of context using common sense and compassion by approving here visa application request thus allowing her to be granted this opportunity for us to be with together as we have been faithfully and patiently dating for almost 22 months now.

[canadian_wife 1,791]

First of all, it is a VERY long letter which is full of colloquialism (such as you saving "like" $400). And in parts it sounds defensive (defend her honour). And speculative (teach her a lesson). You weren't even there, I assume, so why are YOU writing this letter? If you really want to send it, shorten it up and make it a much more formal letter.

Secondly, why do you need this letter? I was denied entry twice (in a VERY short amount of time). Was it a simple denial of entry (as in was anything written in her passport?). If it was, it won't even have an impact on her K-1 visa, so why the lengthy letter?

I am sorry this happened, I know how humiliating it is to have it happen.

good luck

[Penguin_ie 5,986]

Don't use emotive language like they humiliated her etc. They are allowed to use "entrapment style questions" btw. If you feel they truly did something wrong (coming on a bit strong is not enough), then make an official complaints, but that is separate from her K1 visa.

It seems there was more than her simply being sent back. Did she sign any papers? Was anything written in her passport? Did she truly just "stand up" or did she attack the immigration officers and that is why she was placed in handcuffs?

[Arinlars 19]

I'm so sorry about that. Did she not bring many proof the second time of strong ties to UK? Why exactly she was send back I don't understand.

Edited January 21, 2013 by Arinlars

[Nich-Nick 3,353]

I am an active duty military member with pending fianc'ee Visa application in US Embassy London. We already have a case number and are a few days away from recieving her Police report and scheduling medical appointment. I have a lawyer but dont want to waste my time or effort or more money with her.

It is a rather long letter but wanted to ask someone more experienced on the best way to proceed and ask members opinions on her chances of getting a visa granted after being sent back 2x.

********* Edited for privacy **************

To: Whom it may concern

Subject: Supplemental to Question 42 on DS230 part 1

.

Question 42 is on page 4 of the DS-230. A fiancé only completes DS-230 part 1, which is page 1and 2. You can throw away page 3 and 4 and question #42 with it. I didn't read your letter. Too long.

[canadian_wife 1,791]

I'm so sorry about that. Did she not bring many proof the second time of strong ties to UK? Why exactly she was send back I don't understand.

She didn't have a job or a lease, she had all her things with her, it was probably presumed immigrant intent

good luck

[baron555 934]

Why would you have a concern with her being denied a visa just because she was denied entry twice? Those are totally different things.....and....she never did anything wrong. They determined that she needed to return and she did....no harm, no foul.

If your relationship and the evidence to support it is solid, THAT will be the deciding factor. I didn't bother to read the letter, just as USCIS would do if confronted by that. All that can do is muddy the waters and cast suspicion.

[belinda63 2,981]

As far as I can see you don't need this letter. She broke no law, has no ban on her, so why the lengthy letter?

As to the content of the letter itself, too long, too detailed, too many assumptions. CPO determined she had immigrant intent due to the circumstances. This is their job, to assume immigrant intent until proven otherwise. Someone coming into the country with a large amount of personal items for a 90 or less day visit would raise suspicions. Having been marked for immigrant intent once would lead them to suspect the same again. The burden of proof is upon the visitor to prove they do not have an immigrant intent.

But again, why the letter?

[Timyon 0]

Good Afternoon, and thanks everyone for the replies.

I do apologize for the long letter.

On question 42 of the DS-230 it ask, Have you ever been fefused admission to the United States at a port of entry? (If Yes please explain.)

As far as what she did, all they said was by losing her job and not having strong enough ties to the UK they would not allow her to enter the US on a ETSA waiver Visa. They stamper her passport with Application Withdrawn. We then proceeded with the I129F which was appoved and now the US Embassy in London, we wanted to spend XMAS and new Years together so while it was processing we booked a ticket to Tijuanna Mx (7) miles from my work and I was going to visit her there since I had alot of time off. She was again denied entry because we booked the ticket through JFK airport. She had filled out an ETSA waiver visa again but there is a question on that form aking if you have ever been refused entry, we ( our genius lawyer included) read the passport page and considered application withdrawn different than refusal or denied. They stated the ETSA waiver program is not tied to the passport number but her previous "denial" which they considered and application withdrawn a denial.

So I was writing the letter because we are very worried that these two incidents will cause her to gt denied, that is the reason for the long detailed explanation.

As far as I know she did nothing wrong otherr than us not being familar with all of these travel regulations.

Was hoping for some more suggestions on how serious of an impact this will be on this case and if anyone has similar experiences and their outcomes on the K1 visa being approved or denied.

1. DS-230-1 &2 and signed supplemental letter,

2. DS 2011 use the copy I scanned or you can fill it out and then sign it

3. DS-156 (2 copies)

4. DS-157 (2 copies)

5. DS-156K

6. Cover Letter Ivy

[Timyon 0]

Don't use emotive language like they humiliated her etc. They are allowed to use "entrapment style questions" btw. If you feel they truly did something wrong (coming on a bit strong is not enough), then make an official complaints, but that is separate from her K1 visa.

It seems there was more than her simply being sent back. Did she sign any papers? Was anything written in her passport? Did she truly just "stand up" or did she attack the immigration officers and that is why she was placed in handcuffs?

Hello, no manm she never attacked an agent she was arguing with them but no threats of viloene or anything like that, they took her cellphone because she was trying to call me, other than that they just stated her previous refusal made her ineleigble to be granted a waiver visa, but since her passport number was used in that process and it came back approved we assumed everything was ok. WE do have a lawyer who was aware of our plans to visit in Tijuanna while things were processing and obviously she is no more familar with these travel regulations than I am or was. They considered application withdrawn a denail. She did bring with her documentation to show that we had filed an I129F and also her rental information and paid rent receipts ect. But again the first incident made her ineligible. Again I was not there.

[VanessaTony 3,567]

You're applying for a K1, K1's ONLY submit DS-230 Part 1. Part 2 is for spouses.

You do not need a letter. Denial of admittance isn't that big of a deal depending on what's in her passport. What did they write in her passport, if anything?

[VanessaTony 3,567]

As far as what she did, all they said was by losing her job and not having strong enough ties to the UK they would not allow her to enter the US on a ETSA waiver Visa. They stamper her passport with Application Withdrawn.

We then proceeded with the I129F which was appoved and now the US Embassy in London, we wanted to spend XMAS and new Years together so while it was processing we booked a ticket to Tijuanna Mx (7) miles from my work and I was going to visit her there since I had alot of time off. She was again denied entry because we booked the ticket through JFK airport. She had filled out an ETSA waiver visa again but there is a question on that form aking if you have ever been refused entry, we ( our genius lawyer included) read the passport page and considered application withdrawn different than refusal or denied.

Okay. Application withdrawn. This isn't a big deal at all. Getting denied entry, or having a visa denied isn't grounds for K1 denial. Had they written anything that tied to misrepresentation there might be a problem. Even immigrant intent isn't a problem because K1 is technically for immigration (Even though it's a non-immigrant visa)

[Nich-Nick 3,353]

Good Afternoon, and thanks everyone for the replies.

I do apologize for the long letter.

On question 42 of the DS-230 it ask, Have you ever been fefused admission to the United States at a port of entry? (If Yes please explain.)

I said this before five hours ago, but maybe you didn't read it --

A K1 does not answer question #42 of the DS-230.

Her part ends at question #35. Look at the footers at the bottom of the page to see what pages are Part I and what pages are Part II. READ London's K1 instructions in Step One paragraph here http://london.usembassy.gov/iv_15.html

Complete the Form

DS-230-Part 1

, Form DS-156 and DS-157 for each family member applying for a visa. In addition, the principal applicant is also required to complete form DS-156K.

No Part II. No #42. No letter explaining a question she didn't answer.

[VanessaTony 3,567]

In the case of the second incident on December 11th -12th 2012, I had just left London on the 7th of December visiting her on vacation and we knew her pending I129F fiancé visa application was close to being approved however due to my military commitments was unable to be with her on Christmas and New Year’s, which was very important to us as wanted to spend those precious holidays together. When making these travel plans and after consulting with our attorney we knew that coming to the U.S. was not allowed due to the pending I129F application.

Your attorney is a moron. Of course she's allowed to visit during the process. She still needs to show proof of ties but visits are permitted and many people do it without problems, even with spousal visa applications.

[Timyon 0]

Thanks Nich-Nick, I have written my lawyer now and asking her why she did not know this as I greatly appreciate you assistance. Its a good thing I found this site before her mailing things off. I will have her remove my letter and DS-230 part II from the paperwork we are preparing to mail off.a

Another question I am confused on is on the DS-157K all of the documents required on that form, I have advided my Fianc'e to only send copies not her originals,

as at the bottom of the page it states On the day of the visa interview, you will be required to bring all of your original documents, or certified copies, plus one photocopy to the visa interview. Click on "The Interview" and "Visa Fees"on the left-hand Navigation bar for further information.