212 (a) (7) (a) (i) (I) with no other issues

[Jenvds 15]

I would appreciate as much input into our case as possible, but my main question is about inadmissiblity and a subsequent k1 visa application.

A few years ago I started talking with a man from the netherlands. We decided to meet and pursue a relationship. About 10 months after we started talking he came to the US for 2 weeks and stayed in a hotel. We spent a lot of time together and decided we definitely want to pursue a relationship.

Then several months later I went to the Netherlands and stayed with him for a while. We made plans to come to the US together and marry and apply for a greencard for him. Obviously in retrospect a HUGE mistake. But until then I only knew about the experience my friend's husband (a greencard holder from another European country) had. He came as a tourist, met her, returned to his country, came back as a tourist again and then married her. They all lived happily ever after. So I thought this was okay.

So when we arrived at the passport checkpoint in the US we were honest about our intentions. He was pulled into an interview room. They asked us both questions. We answered honestly. In the end he was sent back the same day. He had 212 (a) (7) (a) (i) (I) stated as the reason.

The paperwork said "you will no longer be able to use the visa waiver program or ESTA for all future travel to the United States you will need to be in possession of a valid immigrant or non-immigrant visa."

There is no official term for whether he was allowed to withdraw from the US or if he was removed upon arrival.

He has never overstayed, worked here, or committed a crime anywhere. We were both upfront and cooperative with the officials. They recommended we apply for a k1 visa, so I believe we are not ineligible for that. But I'm unsure of whether we will need a waiver. And if we do, will we submit it with the I-129, or will they request it later? Does this slow down the already almost unbearably long process?

I'm just so worried about this whole process because I love him and want a life with him and I cannot move permanently to the Netherlands because I have a child with my ex-husband and cannot leave her.

Thank you so much for reading, and for any pertinent information you could share.

[milimelo 4,167]

Immigrate2us.net forums may get you more answers as they deal with waivers more frequently than VJ. Based on what you posted, looks like he'll need a I-212 waiver.

[LoveMyTico 999]

My suggestion:

Go to the Netherlands, marry him, come back and start the process with an I130. If he needs a waiver, you will be told at his interview. Then you file the waiver and wait until it's approved. When he finally gets his visa, he will have a green card and will be able to work immediately after POE. The k1 process is more expensive and he can't work when he arrives. You have to file for work authorization. Its just my suggestion. I think you need to find out exactly how they removed him when they denied entry. Maybe contract a lawyer and just do a consultation. It doesn't sound like he will need the I601 waiver but possibly the I212. It depends on how they removed him.

Edited March 15, 2015 by LoveMyTico

[Jenvds 15]

Yeah, I don't know the exact nature of his return. In his passport it just uses the 212a7aii thing. He was given no additional paperwork. The official told him he was given the easiest or least "penalty" because he was honest and cooperative. But I've also heard people here say that officials can sometimes misrepresent what's going on to try to keep the people calm.

Is there any way to find out the exact nature of his removal? Nothing is listed on his passport or the form given to him.

[Jawaree 717]

You can do a FOIA but that's a long wait

& realty he has no other negatives, either

U go marry him & petition him as a spouse

or U file K1.

In the meantime an *Advance reentry permit*

can be filed in the jurisdiction he was refused

entry, its a lone 212 asking to re-enter from

the director of that area, most are approved, the

timeline different for many states, if approved

they send the approval & you take it to Consular

interview.regardless what route U decide to take.

it would be a jump start,.that U can start on now,

just get the form online. the CO will say if anything

else is needed *Advance permission to

re-enter* goodluck

Edited March 15, 2015 by Jawaree

[Boiler 43,397]

Sounds like he was given the opportunity to withdraw, usually they stamp that on the passport.

K1 would be quicker.

[Jenvds 15]

My suggestion:

Go to the Netherlands, marry him, come back and start the process with an I 130... The k1 process is more expensive and he can't work when he arrives.

I thought that the i-129F is a $340 fee and the i-130 is a $420 fee. Am I missing something? Also, is it possible to show his income somehow for that type of visa? He has a pension that would be sufficient to support himself, because I am disabled and my income is not enough for the 125% poverty level minimum. Or do we still need a co-sponsor with that type of visa?

There's just so many questions and issues. It's upsetting because neither of us has ever intentionally broken any laws or intended to abuse the system. We are just in love and want to live as a family. (his pension income would actually improve the security and quality of life for my daughter and I...)

I'm sorry, I'm just so overwhelmed.

[Ilovemyman 147]

You can do k1 eithout problem.

He didnt do any crime, he doesnt need waiver for that.

[Jenvds 15]

I also just found out his passport was stamped with "Refused in accordance with INA Section 217 R38031"

[Jawaree 717]

You need to ask one of the free consult atty to get expert opinion

upon giving them that sec of law stamped in his PP. that's best

[tarzan31 27]

My suggestion:

Go to the Netherlands, marry him, come back and start the process with an I 130... The k1 process is more expensive and he can't work when he arrives.

I thought that the i-129F is a $340 fee and the i-130 is a $420 fee. Am I missing something? Also, is it possible to show his income somehow for that type of visa? He has a pension that would be sufficient to support himself, because I am disabled and my income is not enough for the 125% poverty level minimum. Or do we still need a co-sponsor with that type of visa?

There's just so many questions and issues. It's upsetting because neither of us has ever intentionally broken any laws or intended to abuse the system. We are just in love and want to live as a family. (his pension income would actually improve the security and quality of life for my daughter and I...)

I'm sorry, I'm just so overwhelmed.

I-129F is $340.00. then there are the police certificates, birth certificates, certificates for divorces etc, ds-160 fee . When you get married, you file AOS for $1,070.00

Fees

Fees are charged for the following services:

• Filing an Alien Fiancé(e) Petition, Form I-129F
• Nonimmigrant visa application processing fee, Form DS-160 (required for each K visa applicant)
• Medical examination (required for each K visa applicant; costs vary from post to post)
• Other costs may include translation and photocopying charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.), and travel expenses to the U.S. Embassy or Consulate for an interview. Costs vary from country to country and case to case.
• Filing Form I-485, Application to Register Permanent Residence or to Adjust Status

[Lucia1983 5]

I have same code like u. My fiance sent i129f last December but we are still waiting for our Noa2 (TSC ?). I checked with Lizz Cannon and she told me that I have to wait for my interview because my statement doesnt say fraud or misrep but CO could apply 30/60 rule so I will need a waiver, I recommend checking with her, first consulting is free... Good luck

[jens_prodigy 13]

I would appreciate as much input into our case as possible, but my main question is about inadmissiblity and a subsequent k1 visa application.

A few years ago I started talking with a man from the netherlands. We decided to meet and pursue a relationship. About 10 months after we started talking he came to the US for 2 weeks and stayed in a hotel. We spent a lot of time together and decided we definitely want to pursue a relationship.

Then several months later I went to the Netherlands and stayed with him for a while. We made plans to come to the US together and marry and apply for a greencard for him. Obviously in retrospect a HUGE mistake. But until then I only knew about the experience my friend's husband (a greencard holder from another European country) had. He came as a tourist, met her, returned to his country, came back as a tourist again and then married her. They all lived happily ever after. So I thought this was okay.

So when we arrived at the passport checkpoint in the US we were honest about our intentions. He was pulled into an interview room. They asked us both questions. We answered honestly. In the end he was sent back the same day. He had 212 (a) (7) (a) (i) (I) stated as the reason.

The paperwork said "you will no longer be able to use the visa waiver program or ESTA for all future travel to the United States you will need to be in possession of a valid immigrant or non-immigrant visa."

There is no official term for whether he was allowed to withdraw from the US or if he was removed upon arrival.

He has never overstayed, worked here, or committed a crime anywhere. We were both upfront and cooperative with the officials. They recommended we apply for a k1 visa, so I believe we are not ineligible for that. But I'm unsure of whether we will need a waiver. And if we do, will we submit it with the I-129, or will they request it later? Does this slow down the already almost unbearably long process?

I'm just so worried about this whole process because I love him and want a life with him and I cannot move permanently to the Netherlands because I have a child with my ex-husband and cannot leave her.

Thank you so much for reading, and for any pertinent information you could share.

You need to apply for a K1 visa. That is your best bet. Coming over as a tourist with the intent to be married is visa fraud that's why you were stopped at the border and you shouldn't try again to do that...ever. Don't try to rush things, best to do them right and be safer than sorry in the end because you don't want to cause him to be banned in the future. On a K1 visa you can still visit each other back and forth until you are approved. I had this same thing stamped in my passport and now I am here and married to my partner, we are now in the AOS stage of the game so it didn't affect our petition at all. As long as you are honest about everything throughout you will be fine. Good luck to you!!

[dwheels76 5,459]

You need to apply for a K1 visa. That is your best bet. Coming over as a tourist with the intent to be married is visa fraud that's why you were stopped at the border and you shouldn't try again to do that...ever. Don't try to rush things, best to do them right and be safer than sorry in the end because you don't want to cause him to be banned in the future. On a K1 visa you can still visit each other back and forth until you are approved. I had this same thing stamped in my passport and now I am here and married to my partner, we are now in the AOS stage of the game so it didn't affect our petition at all. As long as you are honest about everything throughout you will be fine. Good luck to you!!

"Coming over as a tourist with the intent to be married is visa fraud that's why you were stopped at the border", This is an untrue statement. Nothing is illegal and no fraud committed coming over on a visitor visa to marry. What is fraud is coming over to marry and to stay. The border patrol might have thought that was up.

[Jenvds 15]

No need to be grumpy... We weren't trying to use a "loophole" we just didn't have an understanding of the visa law. We do now and we are going through the proper process. If I had known, I would have filed for the k1 much earlier. I would not have been deliberately deceitful.