need help!! please

[Lucia1983 5]

Hi good afternoon, I am new to this forum. My name is Lucia and I am Spanish ( mi ingles no es muy bueno asi q sorry) I'll tell you my problem if anyone can help me
last February with the VWP travelled to new jersey to be 3 months with my American boyfriend but would not let me go to usa because it was my fourth trip 3 months And questioning the officer took my phone and read that I had worked, so I was sent back to Spain.
I said in my statement the truth because the officer told me: or U tell the truth or take u to jail and await a trial
My statement says:

"- You have been inadmissible to enter the United States under section 212 (a) (7) (i) (I) of the Inmigration and Nationality Act, an immigrant at the time of application for admission who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card or other valid entry document, because you engaged in unauthorized employment and cannot overcome the pressumption of being an intended immigrant. Do you understand? YES

- You are being refused entry into the US under 8cfr2117.4 (1), Visa Waiver refusal. As a result you will no longer be allowed to use the Visa Waiver Program for the future travel to the US. You will be required to obtain a valid US Visa with any approppriate waivers for all future travel to the US. Do you understand? YES

- You are required to obtain a new visa with any appropiate waivers to return to the US at any time in the future. Do you understand? YES"

My questions are:
1-if my boyfriend can apply for visa k1
2-if I need waivers ( i212 or i601)???

Thanks

[aaron2020 11,651]

Hi,

1. Yes, your boyfriend can file for a K-1 for you.

2. No. You do not have a ban from overstaying, so you do not need these waivers.

Best of luck.

[Lucia1983 5]

thanks, but in my statement says that I need approppriate waivers for the future travels to the US.

[aaron2020 11,651]

thanks, but in my statement says that I need approppriate waivers for the future travels to the US.

If you need the waivers. You don't need the waivers.

Look at the waivers. You will find that they do not apply to you.

[belinda63 2,981]

You don't need a waiver but you can never travel to the US again on the VWP. You will have to apply for a tourist visa if you wish to visit unless/until you have an approved other type of visa or a US green card.

[Lucia1983 5]

Thanks, but the officer told me that I need to apply waivers but he didnt tell me which waivers.... And my statement says that i need waivers

[aaron2020 11,651]

You don't need a waiver but you can never travel to the US again on the VWP. You will have to apply for a tourist visa if you wish to visit unless/until you have an approved other type of visa or a US green card.

It's not a lifetime ban from using the VWP.

It's only for a few years until the ban from using the VWP is lifted.

[belinda63 2,981]

You sure Aaron? I thought once the VWP was abused it could never be used again. Hang on I'll google.

If you have had a U.S. visa before or previously traveled to the United States under the VWP or another status, you must have complied with the conditions of previous admissions to the United States, and you must not have previously been found ineligible for a U.S. visa.

Kind of murky but sounds like ineligible forever if you overstayed.

Edited April 9, 2014 by belinda63

[Lucia1983 5]

The officer told me that I cant use VWP never ecer but my question is if i need to apply some waiver because he told me that

[Jawaree 717]

Check with an atty...U may just have a misrep

from coming in to visit then working since that's

been proven by your own cell.

Your mate can apply for K1 on your behalf though

however you will only enter the USA from now on with a visa

[Lucia1983 5]

I telephoned American lawyer and told me that I could apply for k1 visa but it was difficult for me approve because I have a record and I need the waivers, two waivers i212 and i601. Im not sure because she didnt have my statement and couldnt read it.

[Lucia1983 5]

Purpose of Form i212

An alien who is inadmissible under section 212(a)(9)(A) or © of the Immigration and Nationality Act (INA) files Form I-212 to obtain "consent to reapply for admission" that is required before the alien can lawfully return to the United States. "Consent to reapply" is also called "permission to reapply."

I think that not need this form because apply only for section 212(a)(9)(A) or © and my section is 212(a)(7)(i)(I)

Im right??

[Jawaree 717]

File K 1 and at the interview the CO will inform U on which

waivers are required. not a DIY project, so get yourselves

a waiver atty

[Boiler 43,492]

VWP days are gone.

Waiver's well nothing above but the Consulate may have views. 212 no, but 601 quite possibly.

[Lucia1983 5]

Thanks, i think that apply for i601 waiver only, I wanted a second opinion and I know that the consul informate me in my interview, but where I fill out my waiver?? In the consulate or have to send to USCIS in the EEUU?? Thanks!!!