Fiance attempted crossing the border with family when he was a minor...

[mmackowi 0]

Hi guys!

My fiancé and I got our NOA2 on September 27th and we're soooo looking forward to finishing this process! We will be having our first child next month, so we're quite anxious to get him here with me in the states!

I have a couple questions regarding reasons for a K-1 visa denial. We're worried about the interview because my fiancé had issues at the border when he was about 12 years old. He and his family are from Colombia, and they were trying to find some place to live. They moved all over for most of his childhood. In 1998, they tried to cross the Mexico/U.S. border. They were immediately stopped, fingerprints were taken, and they left and moved to Costa Rica. My fiancé is now 28 years old and a legal Costa Rican citizen. We are wondering if the Mexico incident will affect him in the interview. We don't see why it would considering he was a minor and just following his family AND he didn't even get to the states, he was stopped right away. Is there anything we should know or prepare for? We are just worried the officers may see the matter in a different way and either delay us or deny us completely. I really appreciate any help we could get for this.

Thanks,

Megan and Pablo

Edited October 22, 2013 by mmackowi

[Harpa Timsah 13,263]

He will need to disclose the denial of entry when asked. Did they have fake paperwork or did they just show up and ask to be let in? A plain vanilla denial of entry won't be a problem, but if there is more to the story there might be.

[vb87 1]

you have to be careful, and notify he was refused entry, just be prepared with all the documentation at the day of the interview

[mmackowi 0]

He will need to disclose the denial of entry when asked. Did they have fake paperwork or did they just show up and ask to be let in? A plain vanilla denial of entry won't be a problem, but if there is more to the story there might be.

I don't believe they had any fake paperwork or anything like that. They just tried to cross, got stopped, got their prints taken, were put in detention for like 2 hours, and were sent on their way. We put on the petition that my fiance has been to the U.S. We have no intentions of lying. Should we be worried?

[jjpgyitr4evr 6]

Mmackowi....I have a question for you...based on the fact that my fiancee has a similar situation to deal with as well....on that question on the I129f that asks if the beneficiary aka my fiancee has ever been to US I put yes....but then the question that follows is if they are currently in the US answer the following questions....but since he has not been in US since he got stopped at the border....did u leave that portion blank??? Bc in my case my fiancee didn't even get an Alien # never detained he was stopped finger printed and sent back immediately....kinda like yours did....so what should I put...I left all that portion blank....what did u do???

[NigeriaorBust 4,088]

As child his act is laid on the parents. So it should be a non issue if he was under 18 when it happen ( His parents made him do it in the eyes of immigration )

[mmackowi 0]

Mmackowi....I have a question for you...based on the fact that my fiancee has a similar situation to deal with as well....on that question on the I129f that asks if the beneficiary aka my fiancee has ever been to US I put yes....but then the question that follows is if they are currently in the US answer the following questions....but since he has not been in US since he got stopped at the border....did u leave that portion blank??? Bc in my case my fiancee didn't even get an Alien # never detained he was stopped finger printed and sent back immediately....kinda like yours did....so what should I put...I left all that portion blank....what did u do???

Hello! We also left that portion blank. We just checked YES that he had been to the US and nothing more. We were just planning on elaborating on the matter in the interview if need be. I hope that helps.

As child his act is laid on the parents. So it should be a non issue if he was under 18 when it happen ( His parents made him do it in the eyes of immigration )

Thank you! And that is honestly what happened! I mean what was he going to do? A 12 year old isn't going to say "Well, guys, see you later. I can't go with you because I might marry an American in the future!" My fiance feels very helpless in the matter and worried that this is going to haunt him forever. Thank you for your opinion, and we hope the immigration officer sees it the same way!

[NigeriaorBust 4,088]

Hello! We also left that portion blank. We just checked YES that he had been to the US and nothing more. We were just planning on elaborating on the matter in the interview if need be. I hope that helps.

Thank you! And that is honestly what happened! I mean what was he going to do? A 12 year old isn't going to say "Well, guys, see you later. I can't go with you because I might marry an American in the future!" My fiance feels very helpless in the matter and worried that this is going to haunt him forever. Thank you for your opinion, and we hope the immigration officer sees it the same way!

It is like children that are here illegally If they leave before they are 18.5 years it is like they never did anything wrong. Tell him to relax and just be honest

[mmackowi 0]

It is like children that are here illegally If they leave before they are 18.5 years it is like they never did anything wrong. Tell him to relax and just be honest

I think it was you that posted this on another couple's similar question:

(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (I).

Makes sense to me! Thank you for all of your help. My fiance and I have been together for almost 2 years, we've lived together, we have two cats together, and we have baby boy coming soon. We have nothing to hide! We just want to live our lives together and raise our son in the states. I think everything should go perfectly fine. I feel much more relaxed about it now, and so does he. Thanks again to you and the other members.