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Very Scary - Consulate Wants Second Interview [merged; title edited]

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Few questions hope someone can help me answer.

I have been with my current girlfriend for 2.5 years and I have visited her and shes visited me on a b1/b2 visa twice. My question is that will they want proof she used her B1/B2 visa for business when she came to see me? Her first trip she actually did attend a tradeshow for her business but after that she came and stayed with me for a few weeks. The second time she came she said she was coming for business/touring and did attend a small tradeshow but then stayed with me for 2 months. However we really don't have any proof she actually attended these tradeshows. I went with her and we just walked through them and she told her boss over the phone about some of the things she saw. We have no actual proof she came here for business. Will they ask about this in the interview? We have tons of photos together of us on vacation and when I came to visit her. I am just afraid they will ask what she did in the past trips to USA since she has a business and tourist visa. Her boss will vouch for her if needed but we have no proof of the tradeshows.

Another issue is that she recently tried to come to see me again for a 3rd time but customs denied her and sent her back because they thought she was coming here to stay. Her reason this time was just visiting me and my family, not business. Perhaps because shes been in the USA 3 times in the past year and a half.. So they allowed her to withdraw her b1/b2 visa and told her to apply for a k-1 visa if she wants to stay with me again. So here we are about to start the whole process. Will this withdraw (I-275 W/D) play any part on her being accepted?

Thanks for all the help in advance. She is from Crimea/Ukraine if that helps.

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If she was allowed to withdraw her application for admission then no, that won't affect anything (it's a good thing - not that it happened but that they permitted a withdrawal, since that is better than a straight denial of entry).

It doesn't sound as if she has abused her B1/B2 visa.

I doubt you will have any issues, provided you can provide proof of a bona fide relationship.


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I doubt it.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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Hello all, I have a very scary situation and we are afraid they will ban my girlfriend and I will never get to see her again. Here is the situation I hope someone can guide us in the right direction.

I met my girlfriend in Kiev, Ukraine 2.5 years ago and we wanted her to be able to see me so she applied for a b1/b2 visa and was approved. Her employer wrote her a letter of recommendation so she could come to USA for business tradeshows. Recently she got stopped for coming into USA and she was given the chance to withdraw her visa with code 22CFR41.122(h)(3) written on her visa. She has been to USA three times since she got her visa. The first time she said she was here for business as she was going to a tradeshow. She registered for this tradeshow and got a letter of invitation but she never actually went due to an emergency so she ended up just staying with me for a month and we visited a few cities together. The second time she came she said she was here for business and visiting me and they let her through but we didn't really do anything for business, we just visited places together. The third time was last week and she said she is here to visit me only, not business and she was denied entry. They didn't really give us a real reason why. We now want to apply for k-1 but the embassy now wants her to come re-interview for some reason.

We have no idea why they want her to re-interview. We don't want them to ban her from the USA because she never actually did any "business" while she was here, she just visited me and we toured the country together. We are fine applying for k-1 visa but are afraid they will tell her shes banned when they interview her again next week about her b1/b2 visa.

The embassy will not tell her anything except she needs to come to Kiev for an interview.

Does anyone know a good lawyer maybe that can help us? We really want to be together and we are very much in love but the fear of her being banned is stressing us out. Thank you in advance.

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The ban if they go that route would be for misrepresentation, which is waiverable just adds time and money to the process.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Thread moved from Embassy/Consulate forum to Tourist Visas forum (appropriate, for now) and merged with an earlier thread also moved there (from the K-1 Process forum). Title has been slightly edited.

[Moderator hat off]

We probably can't be of much help to you here. Run, don't walk, to this site:

http://www.fosterglobal.com/services/individuals-and-families/

This is one of the largest (or the largest) immigration law firms west of the Mississippi. Immigration law is federal, so it matters not where you are.

These people helped me greatly during my despair with my consulate, years ago. They have very reasonably priced e-mail and telephone consultations available. I have no connection with the firm except as a past and satisfied customer.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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There is no tradeshow, that would last more than a week. Misinterpretation is not easy to overcome. You need to consult an experienced lawyer. Good luck.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

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Thanks for the help, I have contacted a few lawyers and hope to hear back from them tomorrow.

A B1/B2 visa can be used for business and visiting friends I thought. Are we correct in worrying something is wrong and she can be banned from ever coming to the USA? She is currently in a state of depression because of all this and I feel horrible.

TBoneTx - I called the lawyer you recommended but they do not have any openings for consultations until two weeks from now.

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Thanks for the help, I have contacted a few lawyers and hope to hear back from them tomorrow.

A B1/B2 visa can be used for business and visiting friends I thought. Are we correct in worrying something is wrong and she can be banned from ever coming to the USA? She is currently in a state of depression because of all this and I feel horrible.

TBoneTx - I called the lawyer you recommended but they do not have any openings for consultations until two weeks from now.

Did this story have a happy ending????


K1 Visa

Service Center : California Service Center

Consulate : Guangzhou, China

I-129F Sent : 2015-10-21

I-129F NOA1 : 2015-10-23

I-129F NOA2 : 2015-11-19

NVC Received : 2015-12-01

Date Case #, IIN, and BIN assigned : 2015-12-01

NVC Left : 2015-12-04

Consulate Received : 2015-12-04

Packet 3 Received : 2016-01-07

Packet 3 Sent : 2016-01-12

Packet 4 Received : 2016-01-21

Interview Date : 2016-03-21

Interview Result : Approved

Visa Issued(CEAC) : 2016-03-24

US Entry : 2016-08-13

(L)(F)Marriage :2016-08-18 (F)(L)

Adjustment of Status + Employment Authorization Document + Advance Parole

Date Filed : 2016-09-09

NOA Date : 2016-09-20

Bio. Appt. : 2016-10-13

EAD Approved Date : 2016-11-10

EAD Card Received : 2016-11-19

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TBoneTx - I called the lawyer you recommended but they do not have any openings for consultations until two weeks from now.

Not for e-mail or telephone? Wow. Get on the list, anyway.


06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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well, who lied to CPB? All of her worry was caused by....her.

Odd 'emergency' that prevented her from attending a trade show, but wasn't serious enough to keep her from traveling around our country.....

My bet is that the fraud section has found out some other info which she might not have shared with you....her B2 is already canceled (by CPB), so it sounds like something more serious is on the horizon...as for engaging some attorney, I promise you that no matter how many letters some ethically challenged practitioner writes, the embassy will not share any details whatsoever (because they are not required to!) and all that will happen is that your wallet is lightened considerably.

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