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Filed: Timeline
Posted

She had a visitor visa and had been here 2 times prior. This time her ticket was to stay 5.5 months. I get a call from immigration when she landed in Seattle asking me if I'm expecting a visitor tonight? who it is? how long I knew her? etc. I ask him what this is about and he tells me I am not to ask questions, he will ask the questions! He than goes on to tell me they are screening for terrorists! At this time I'm freaking out as she is nothing of the kind! He asks me if I am her fiancé (I am not but we intend to live together someday) I tell him yes. He asks if we are going to get married,I tell him yes. He asks when, I tell him don't know. I am answering all this because I'm thinking it must be "quota" time and he needed to pull someone and I did not want her to be suspected of a terrorist. The guy was a complete a..hole the whole time. I'm looking at the clock and ask if she will get on the plane as she has 7 minutes, he tells me not to worry about the plane. Tells me to be by phone in case anymore questions. I don't hear back and go to the airport to pick her up and she's not there! check with airline and she is not registered! I call Seattle immigration and they say they are sending her back to Thailand and I need a K1 visa for her.

They have taken her visa!

My question is will this affect us getting her a K1 visa?

Thx

Posted

Did she overstay any out the previous visits? What was the duration and times in between prior visits?

Seems strange they mention terrorist screening.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: K-1 Visa Country: Wales
Timeline
Posted

K1 requires you to get married.

“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.”

Filed: Citizen (pnd) Country: Canada
Timeline
Posted

I would speculate it had much more to do with perceived immigration intent than terrorism, especially since they suggested K-1.

- Fiancee of USC.

- Her being able to be away from home for 5.5 months would certainly suggest on its surface that she doesn't have much in the way of ties to return to.

- Return ticket far enough away to be easily cancelled.

- You were wishy-washy about when a marriage was to take place (not saying you were dishonest, but definitely a warning flag. Most engaged couples have some idea of a marriage timeline).

- You don't say how long she visited the two previous times, but if this trip was significantly longer, that would be another red flag.

Certainly enough to worry CBP that you two might be trying to circumvent immigration laws.

But to answer your question, it doesn't disqualify her from a future K-1, though she will have to indicate she's been previously refused entry on the application.

Filed: Timeline
Posted

To answer all, we do plan to marry. This trip was for her to travel and study english. I had set up a school for her to start this week. We would look into what paper work needed to marry while here. At the time I did not know anything about a K1 visa. She was planning to go back home after the 5 months. Knowing now about the K1 it would have been easier to have her here to get the information needed. Now that she is 8600 miles away it makes it more difficult. The last thing we would want was for her to be here illeagaly as she wants to work in a professianal environment.

Filed: K-1 Visa Country: Wales
Timeline
Posted

What is her profession?

“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.”

Posted

It's all water under the bridge now. You petition her for a K1.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Posted

Remember IO's are allowed to lie. They could've just expected them to get married and used this as a dodge

Ah, make sense now.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: Citizen (apr) Country: Canada
Timeline
Posted

So sorry, as someone who has been denied entry to the U.S. I know how humiliating and unfair it seems. But looking back, it seems like her denial, and mine, were justified.

Because of all the reasons laid out, the CBP officer did the right thing. I'm sorry it happened but now you must move forward.

How long had she stayed the previous 2 times she was in the U.S.? How recently ago was this?

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Citizen (pnd) Country: Canada
Timeline
Posted

The last thing we would want was for her to be here illeagaly as she wants to work in a professianal environment.

That wasn't what they were worried about. A visitor can immediately apply to become a green card holder through marriage to a USC as long as they entered the US legally and didn't arrive with the INTENTION of immigrating - basically circumventing the whole K-1 process. The problem is, though every gf/fiance(e)/spouse wanting to visit obviously says they don't have the intention of staying and converting to a resident, some have an amazingly convenient change of heart once they get through customs. Clearly that's what CBP was worried was going to happen.

Posted

That wasn't what they were worried about. A visitor can immediately apply to become a green card holder through marriage to a USC as long as they entered the US legally and didn't arrive with the INTENTION of immigrating - basically circumventing the whole K-1 process. The problem is, though every gf/fiance(e)/spouse wanting to visit obviously says they don't have the intention of staying and converting to a resident, some have an amazingly convenient change of heart once they get through customs. Clearly that's what CBP was worried was going to happen.

Agreed.

A lot can happen in 6 months that can trigger "mind change" of returning home. (Example: pregnancy)

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

 
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