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rustyrra

denied entry to the us in airport

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So im hoping this is the right place I haven't been on VJ since my wife got her GC in 2011, but this site helped then and im hoping it will help now. So the deal is my brother in law seems to have fallen hard for a girl in the states (hes German) and he was enrolled in school here and they started dating. The school thing didn't work out for him so he went home. about 6 weeks ago i think he came over to the states to talk to her about the future and they decided that they wanted to live together before applying for a k1. Which after going through that process myself its a smart idea.

So he had a 6 month tourist visa and he was going come and hang out with her to see if they could even live together, today he got denied entry upon arrival in Chicago and during their interrogation they found out he misled them because he didn't say he was coming to stay with his girlfriend (because they would of denied him for that) so he said he was visiting a friend. but then they found paper work in his luggage about the k1 and other documents that may lead a investigator to believe that his intent was to stay in the states, which it wasn't he was just trying to be prepared for his GF.

So now he's on his way home and Im trying to figure out what his options are. is there a wavier or an appeals process to help him out.

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K1 or she can go and stay with him.


“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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Why do you think he would be denied for saying girlfriend?? No reason to lie it makes it worse as you can see so very bad idea.


K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       12/08/18.....ROC window opens

 

ROC from K-1 + K-2:

12/13/18....I-751 mailed to Lewisville, TX

 

 

 

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This won't affect the chances for a K1, but him getting another visitor visa over the next couple of years are slim to none. He also can't enter under ESTA for the forseeable future.

Very unfortunate incident. They can file for a K1 now, if they choose to do so, or the gf can come to Germany to visit...if married, she can come to Germany and register there - no separate visa process or waiting outside the country.

If marriage is not on the cards, she can come visit and apply for a work permit - this requires special skills, which I don't know if she has them. There are also study permits and au pair permits, if that is an option.


K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)

event.png
 

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It wouldn't impact K-1 or CR-1 process if he chooses to embark on any of those.

He lied and got caught. Sucks!


(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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He lied and CBP found out. CBP decision is not appealable. A waiver would just tie him with paperwork and unnecessary fees.

Suggest the girlfriend visit him, and they look at a K-1 down the road if that's what they both want.


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

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A waiver only comes into play if the Consulate would issue him another B and he has a ban.

I doubt either applies.


“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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This won't affect the chances for a K1, but him getting another visitor visa over the next couple of years are slim to none. He also can't enter under ESTA for the forseeable future.

Very unfortunate incident. They can file for a K1 now, if they choose to do so, or the gf can come to Germany to visit...if married, she can come to Germany and register there - no separate visa process or waiting outside the country.

If marriage is not on the cards, she can come visit and apply for a work permit - this requires special skills, which I don't know if she has them. There are also study permits and au pair permits, if that is an option.

Actually it's way easier than that to get a work permit in Germany. The Internet and what people say makes it sounded really difficult especially considering that it says that the employer will have to prove that this person has special skills etc. I have two U.S. friends who obtained a work visa for Germany just by having a letter from the employer stating that they offered them a job. That's it. Just a short letter that the person will get a job if he receives a work visa. One of them was offered this job at a German bakery...

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Aw man, I feel so bad for your brother... How long have they been dating?

It'll be alright but the visiting part will be more on her side for the time being.
Here's what's up, if you survive a long distance relationship for a while, odds are slim that you won't survive living together. There is no way to prepare you anyway. 6 months on a love vacay is not the same as living and working together for the rest of your life. So if they're really in love, they'll find their way and just go with the K1 visa when they're ready.


03/02/2015: filed I-129F at the USCIS Texas

03/13/2015: received confirmation (Form I-797), file will now get routed to the USCIS California Service Center for processing. We wait :)

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