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Bear1997

whether the 212 (a) (7) (A) (i) (I) will affect my eligibility to K1

By Bear1997 in K-1 Fiance(e) Visa Process & Procedures

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Bear1997 Newbie

Bear1997   0

Posted
Filed: Country: Taiwan
 Timeline
Posted

Dear all,

On May 13, I flew to the US on the visa waiver program but was stopped by DHS officer. After being asked many questions and they also made a record as "record of sworn statement in administrative proceedings," they sent me back to my country, Taiwan, on the same day. On that record, it mentioned that I am inadmissible to the US per section 212 (a) (7) (A) (i) (I) of the INA as amended.

They told me that I'm not eligible to VWP anymore because I have the intention to get married and adjust my status. However, they suggested that my boyfriend apply K1, or just go to Taiwan to marry me and then file CR-1 for me. Either way, my boyfriend is willing to do it, as long as we can get together asap. The officers didn't say I'm barred.
My question is whether the 212 (a) (7) (A) (i) (I) will affect my eligibility to K1. Do I need to file I-601? How can my boyfriend and I fix this situation? What choices do we have?
Thank you very very much for your help.
Girl from Celebes Experienced

Girl from Celebes   588

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
 Timeline
Posted

No, I don't think you need a waiver, as long as you never overstayed or misrepresented documents for immigration purpose. But, someone can stand and corrected me wrong about this. I think they also give 212 (a) (7) (A) (i) (I) to those who got denied for B-2 visa as well. And being denied for B-2 visa is not affected approval of K-1 visa. I got denied B-2 visa in 2010 and my K-1 visa was approved in January this year.

Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

jan22 Experienced

jan22   3,195

Posted
Filed: Timeline
Posted

Basically, the 7(a) at the Port of Entry is the equivalent of the 214b finding by a visa officer -- the interviewing officer believes you have an intent to immigrate. It is not anything that will interfere with processing your K1 or require a waiver of any sort. Since the K1 is for you to immigrate, no problem.

cindy0908 Explorer

cindy0908   55

Posted
Filed: IR-1/CR-1 Visa Country: Taiwan
 Timeline
Posted

Hey~I got the same experience! 212 (a) (7) (A) (i) (I) too! I'm filing CR1 now.

USCUS

08/26/13 - NOA1

02/19/14 - Transfer to CSC

02/27/14 - Approved

NVC

03/12/14 - NVC received

04/15/14 - Case number, IIN and BIN assigned
04/16/14 - DS-261 submitted
04/17/14 - Received email to pay AOS fee. available and paid (in process)
04/22/14 - AOS fee shows "PAID"
04/21/14 - AOS packets sent
04/24/14 - Received email to pay IV fee
04/25/14 - IV fee available and paid (in process)
04/28/14 - IV packets sent
04/29/14 - IV shows "PAID", DS-260 available
04/30/14 - DS-260 submitted
05/15/14 - Checklist for AOS (By email)
05/22/14 - AOS checklist scanned in system(wait 30 days...)
06/23/14 - Case Complete!
07/24/14 - Interview (Rescheduled from 8/21) APPROVED!
Waiting they fix the system...
08/22/14 - FINALLY GOT "ISSUED" !!
POE:09/07/14
 
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