Shunted into AP by the Embassy for being turned around in January

[Sheri&Rich 25]

Just my luck.

Had my interview today and been stuck into AP for being turned around at my POE in January. The interviewer was more interested in the details of the turnaround that the relationship.

I did some work last year for 7 weeks which I put through my UK business. I was under the VWP and she didn't like that and I tried to explain but she was having none of it.........

Gave me a document and my passport back and said I had to wait........

[Boiler 43,434]

What sort of work?

[canadian_wife 1,791]

You did some work in the US? On the VWP?

Agree - what sort of work?

good luck

[Fishandchips78 38]

Noooooooo. I'm so sorry.

What do you mean by turned around in January? You were denied entry? How do they know you were working?

[Hotter Otter 1,211]

What document did they give you?

[Sheri&Rich 25]

I was working in a garage.

They gave me a form just saying it was in AP and gave me my passport back. They said the decision would come via email and if it was approved I had to send in my passport back to them using the DX courier.

I was refused entry in January because I had declared I had a fiancee and they found out I had been working from my mobile phone.

I am so upset with all this it's tempting just to fly to Canada and walk home. lol

[Sheri&Rich 25]

What document did they give you?

They just gave me a document with a load of tick boxes on it for which information they needed. Like a menu of if there was an issue with the passport, medical, etc etc.

With my document, they just ticked administrative processing and she wanted to have a closer look at it and would get back to me with a decision.......

That's about the sum of it.............

Incidentally the form she gave me had someone else's name and case number on it and my immigration attorney has hit the roof about it and already contacted the embassy.

I'm devastated especially as it's my fiancee birthday on Friday and my step daughters on Wednesday.

[canadian_wife 1,791]

Working in a garage, like a mechanic? Were you authorized to do that?

good luck

[Sheri&Rich 25]

Working in a garage, like a mechanic? Were you authorized to do that?

good luck

Sort of......

I was putting the earnings through my UK company and paying tax in the UK on it for the short time that it was. I was more like an external consultant if that makes sense.

As I was putting the earnings through the UK I didn't think I had to get permissions to do it or declare it for tax in the USA.

I think I've blow my chances on the application............................

[Sheri&Rich 25]

What document did they give you?

The interviewer gave me a pink form with 221g on it dated correctly.

The best bit is................IT HAS SOMEONE ELSE'S NAME AND K1 CASE NUMBER ON IT and no reference to me at all................

[Illiria 980]

Declaring it for tax is not the issue here. If you did do or came over with the intention of doing any work then that is why they sent you back home.

Any work done on US soil even if paid through your uk bank account or not paid at all is work and not allowed on vwp.

In fact the US consider family members coming over to babysit while their relative is at work as being work as there could have been a babysitting job for an American worker that they are now taking away.

Simply put you are not permitted to do any work or anything that can be construed as something someone might be paid for whatsoever on a vwp.

[Boiler 43,434]

I am sure the OP knew what he was doing was not allowed as a visitor, after all it was not even close.

I am sort of surprised that he was allowed to withdraw his application to enter, the more interesting issue is if the Consulate slap him with a misrep.

[Illiria 980]

Argh it took out the quote marks but you get the picture.

"As I was putting the earnings through the UK I didn't think I had to get permissions to do it or declare it for tax in the USA.

I think I've blow my chances on the application............................"

I am sure the OP knew what he was doing was not allowed as a visitor, after all it was not even close.

I am sort of surprised that he was allowed to withdraw his application to enter, the more interesting issue is if the Consulate slap him with a misrep.

He claims not ...

Yeah would have thought they would not give the option and based on what they found deny entry and ban for intent to work/having worked illegally.

If they do decide that you have misrepresented they can give you a lifetime ban, this is the most that can be done.

Edited October 7, 2014 by Illiria

[Boiler 43,434]

Just needs to keep his fingers crossed, seems that it has been booted upstairs for review.

[Fishandchips78 38]

Yeah I'm surprised you didn't get a ban as you were working illegally. Is that why you were using a lawyer? Presumably you haven't returned since January?