K-1 after removal

[CapitalQ 11]

My fiance and I have been together for over two years and I was in Benin last year. He had a 2-year, multi-entry, tourist visa and spent about two months with me over the summer. He returned within the parameters of his visa and we planned another visit for the holidays. We had a bad family event happen about a month after his departure so he was going to return to support our family. At POE in Chicago, he was deemed "an immigrant on a non-immigrant visa" and actually detained for 4 days before being sent back (and treated SO badly it's disgusting!)....anyway, he ended up being "removed" and now we will have to file a waiver (I think an I-212 but not certain). We thought we had time for a longer engagement, but had no problem moving our plans ahead

Does anyone have experience with this? We filed our K-1 at the Dallas lockbox, it was sent to CSC and today, I received notice that our case was being transferred--not sure where yet. I'm wondering when we should file the waiver. Can we work on it now and send it in or do we have to wait until someone says he needs one? Although, I'm pretty positive he does because his removal said he has a 5-year ban which CBP said was "standard" with any removal.

One more question....This is my 3rd petition. My first was a K-1 in 1993 which ended in divorce 3 1/2 years later. The next was I-130 in 2009, which ended in a long, miserable divorce that took a year to complete and was finalized in 2015. Now I'm filing another K-1. It sounds horrible, but I have traveled and this is the way it is and THIS will be my last! How much grief will I get because of my history?

Lots of questions and I have more brewing....just not all at once...

[soulstriker 274]

ull defiantly get scrutiny for those past petitions , a CO will not like seeing that and is a red flag

[CapitalQ 11]

ull defiantly get scrutiny for those past petitions , a CO will not like seeing that and is a red flag

I expect some scrutiny, but the first and second were 16 years apart and the relationships are verifiable and legit. I'm really not worried about that.

It's annoying that ANYONE can place judgment on anyone's relationship history.

I'm hoping to hear from someone who has experience with this...

[wheresmykoala 52]

Hi, I'm sorry to hear about your fiancé being 'removed' and treated so badly in detainment!

I think filing the waiver would be better done sooner rather than later- I'm not sure how much the ban will affect the processing of your visa, since I would imagine USCIS can see your S/O has been 'banned,' and I don't know if a K-1 visa can be approved for someone with a ban to the country? Waiting until someone asks for the waiver might be waiting too long, especially since they might never ask! I would try to submit the waiver as soon as you can. Waiting tends to make things worse (I'm a huge procrastinator haha) and I don't think submitting the waiver now could have any negative consequences on your current application- although I'd see what other users have to say too. I'm sure it takes a bit of processing time, and since your K-1 process is just starting, there is some time to spare

As for your previous marriages, although you might get scrutiny for them, I really wouldn't be too worried. Yes, the reviewing officers will probably take into consideration that you've had two previous K-1's, but the relationships (as you mentioned above) were quite lengthy and spaced apart over time- I would not see marriage fraud in either of those situations! If all your previous marriages lasted a couple months, then yeah, that'd raise some flags. At most they'll probably take it into consideration and look at your most recent divorce since it was about a year ago, but that's all I can imagine. It's not like you just divorced the other week and are already hopping on the K-1 train

Hopefully someone with more experience can add their two cents, I just figured I'd post my thoughts and wish you luck on your new journey! Hoping that the ban is easily removed and you two can be together soon!

[CapitalQ 11]

Hi, I'm sorry to hear about your fiancé being 'removed' and treated so badly in detainment!

I think filing the waiver would be better done sooner rather than later- I'm not sure how much the ban will affect the processing of your visa, since I would imagine USCIS can see your S/O has been 'banned,' and I don't know if a K-1 visa can be approved for someone with a ban to the country? Waiting until someone asks for the waiver might be waiting too long, especially since they might never ask! I would try to submit the waiver as soon as you can. Waiting tends to make things worse (I'm a huge procrastinator haha) and I don't think submitting the waiver now could have any negative consequences on your current application- although I'd see what other users have to say too. I'm sure it takes a bit of processing time, and since your K-1 process is just starting, there is some time to spare

As for your previous marriages, although you might get scrutiny for them, I really wouldn't be too worried. Yes, the reviewing officers will probably take into consideration that you've had two previous K-1's, but the relationships (as you mentioned above) were quite lengthy and spaced apart over time- I would not see marriage fraud in either of those situations! If all your previous marriages lasted a couple months, then yeah, that'd raise some flags. At most they'll probably take it into consideration and look at your most recent divorce since it was about a year ago, but that's all I can imagine. It's not like you just divorced the other week and are already hopping on the K-1 train

Hopefully someone with more experience can add their two cents, I just figured I'd post my thoughts and wish you luck on your new journey! Hoping that the ban is easily removed and you two can be together soon!

I read somewhere (on the USCIS website, I believe) that, at the time of the K-1 visa interview, the CO will tell the beneficiary they need to complete a waiver. An attorney I chatted with kind of made reference to that also, but I don't know.

What you are saying is what makes the most sense to me also--I feel like we should submit the waiver while all else is in process. The CBP officer told me that's their standard process but that's actually not always true. Another CBP officer seemed to have issues with the fact that my fiance happens to be black and have a white (appearing) woman....and were just really horrible....among other things, they made it harder than it had to be and so many things were done wrong in the process, but CBP is protected under this umbrella of "discretion" so they can get away with treating foreigners as sub-human. Anyway, CBP said it will take "a lot of paperwork" but he can come back. This comment made it even more apparent they were just trying to make things harder.

I sure hope someone has some experience with having to file a waiver. I'd really like to hear about it...even if it's a different scenario than my own.

And yes, you're right...my previous marriages lasted 3 years and 5 years with the last one being...well, I have nothing nice to say, so....I won't say anything. First one was K-1 and second was CR-1. I definitely wouldn't have a hard time proving these were true and real relationships.

Thanks for your advice. If I can't get some good direction, I think I might just try to file the waiver sooner rather than later.

Edited November 19, 2016 by CapitalQueenB

[Anitafeliz 1,133]

I had a previous K1 less then two years apart. I wasnt even questioned about it.

He never entered the US as it ended prior to travel while in AP.

You need good evidence of this relationship.

Edited November 19, 2016 by Anitafeliz

[Hypnos 6,576]

No waiver can be filed until your husband is found to be inadmissible.

[Boiler 43,451]

Solo 212 can be filed at any time but can no think there is more to this situation.

[CapitalQ 11]

Solo 212 can be filed at any time but can no think there is more to this situation.

There are thousands of potential US immigrants and visitors being detained in this country every day. They are often being put in large correctional institutions among general population. This "situation" triggered a HUGE response and I became extremely educated on what is happening within our immigration system. It's important to be educated and I urge that you, and anyone else on VJ, take a half hour or more to look some things up. I spoke to officials in our government--ICE, DHS, CBP, senators and even someone from the White House--this is not as unusual as it may seem. While some foreigners' experiences can be like the "American dream"--others' can be like an "American nightmare." Try looking up your state's ACLU website or just Google "immigration detention" and see what you find. I think you would be as appalled as I was. There are immigrants who have been found to be admissible in a US Court of Law after similar situations and yet they continue to sit in prisons for months because ICE won't release them. HUNDREDS of immigrants. Human beings being treated like animals for no other reason than because someone on a power trip said so. Don't get me wrong, some people attempt to enter other countries on illegal terms, but many do their due diligence and enter legally and STILL get treated poorly. It's an injustice to our loved ones who might come from abroad. Love doesn't have borders, but it's systems like this that put up invisible borders and create victims out of good, decent human beings.

[CapitalQ 11]

No waiver can be filed until your husband is found to be inadmissible.

Can you tell me anymore about this?

[san diego 407]

Any petitioner is limited to 2 k1 visas in lifetime. Just to file 3rd you need a waiver. http://www.siam-legal.com/us-visa/imbra-k-1-protections-and-limitations-for-fiances/

[Hq1987 5]

Would you mind sharing why he was being thought of as an "immigrant on a non immigrant" visa at POE? Like what did he do that gave the officers that perception of him?

[CapitalQ 11]

Any petitioner is limited to 2 k1 visas in lifetime. Just to file 3rd you need a waiver. http://www.siam-legal.com/us-visa/imbra-k-1-protections-and-limitations-for-fiances/

My first one in 1993 was a K-1. The one in 2009 was CR/IR-1. The present one is K-1. And IMBRA is related to marriage brokers--like mail-order spouses which this is not.

[Anitafeliz 1,133]

My first one in 1993 was a K-1. The one in 2009 was CR/IR-1. The present one is K-1. And IMBRA is related to marriage brokers--like mail-order spouses which this is not.

TO CLARIFY...

You are mistaken. Theres an imbra waiver that must be submitted if two k1 are approved in less then two years.

http://www.marriagevisaattorney.com/k1-fiance-visa-waiver-multiple-filings/

Edited November 19, 2016 by Anitafeliz

[CapitalQ 11]

Would you mind sharing why he was being thought of as an "immigrant on a non immigrant" visa at POE? Like what did he do that gave the officers that perception of him?

Sure, no problem. When he came over the summer, we had some travel vouchers to use and only one voucher can be used for each flight transaction so we purchased a one way ticket and used a voucher. When he returned, we used another one. Our next visit wasn't going to be planned until November or December, but about a month after he left, my teenage daughter was hospitalized and it was a very difficult situation. He is the kids' father figure and like any good father, he was willing to drop everything to come be by her side. Because she had a long road of recovery ahead of her, we weren't certain how long he would stay this time. We purchased a one way ticket again. It was acceptable last time and he came and returned within the parameters of his visa, but this time they decided to interrogate him and when they do that, CBP can basically invade his privacy and everything. So they went through text messages and photos on his phone, saw pics of he and I together, pics of him with the kids and asked him if I was his girlfriend. He said yes...some racial comments were made and they denied him entry stating he was "an immigrant on a non-immigrant visa" and needed to go home and get the "right" visa. I'm assuming they figure if he has a girlfriend and family here that he wasn't planning on leaving....although he had already come and gone and actually wouldn't have returned so soon if the issues with my daughter didn't happen. CBP can make ANY decision they want to make. They do what they want and sometimes won't even take the circumstances into consideration.

So essentially...he was guilty of having a relationship in the US and it appeared more suspicious because he had a one-way ticket although that's exactly how he traveled the last time with no problem. He was trying to be present for the kids and I during a horrible time and this all resulted in even more torment...