K1 after denied entry on VWP (I was busted trying to find an undertable job)

[FerBA 0]

Hello I´m Fernando (Argentinian traveling with visa waiver, I have dual citizenship)

Here is my history, first travel to US March 2012, three weeks on a family vacation. Second one, I went to Indianapolis Dec 2015 to work as a volunteer, I didn´t earn any money, the hostel I was working only gave me a bed in exchange of my work. I met my girl there, we became good friends, on February of 2016 I flew back to Miami, spent some days with a friend there and return to Argentina on my 90 day of travel.

I continue talking with my girl, back in Argentina. She made a lovely confession and we started a long distance relationship. One of my friends of the hostel, open his own guesthose and we arranged I´ll work for food and bed there this December to March. The reason because I enjoy a lot being in the States, I pay extra stuff with some savings. But this years trip look special, see her again and now, not like a friend.

I landed in Miami on Dec 9th and I went to the CBP room, they told me thinks you almost live here (9 months between travels), they didn´t believe about my voluntary job and after looked on my cellphone, yes this year I was starting to look for a under the table job. I got denied entry and permanent ban of my visa waiver.

My girl is strong and she decided to continue our story. She will visit me in Buenos Aires.

I cannot stop thinking about how this denied entry will affect a future K1 application, and if this incident is going to force us to get a Lawyer and spend a way more of money. And for example should I put the voluntary work I did on the G-325a form.

I deeply appreciate your help guys

Fernando

[ZoeUK1989 35]

Did you get a ban from the USA?

As in when they denied you entry did they ban you from using the VWP and said in future you will have to apply for a tourist visa or did they ban you from entering the USA all together?

[FerBA 0]

I cannot use anymore the Visa Waiver that I have because of my Spaniard dual citizenship. I don´t have any time bar.

[Roel 7,191]

You were stepping on the very thin line. You call your previous work "volunteering" and sure, you didn't get any actual money from it. But you were still performing jobs that could have been done by any US citizen.

You have to put all that "voluntary" work on the form when there is a place to list your previous work places.

With that history you will likely never get a B2 visa.

As for it affecting the K1, I will let someone else answer since I'm not sure.

[EM_Vandaveer 2,368]

It shouldn't affect your K1 as far as I can tell.

[ZoeUK1989 35]

Your story doesn't make much sense. did you enter on a K1 visa or the VWP? These are completely different from each other.

[Boiler 43,430]

Were you deported or allowed to withdraw your application?

[Pitaya 2,576]

~Moved from K1 Process to K1 Progress Forum~

[ZoeUK1989 35]

Sorry I misread the title of your post (My apologies, all part of being dyslexic)

The visa waiver doesn't allow you to work at all I believe, also as previous poster advised, you doing it voluntarily means you took a job from a US citizen.

I could be wrong but I think somewhere in the process of the K1 visa it will ask if you have ever been denied entry into the united states. I am not sure if looking for work (all be it under the table) would been seen by the US immigration of taking advantage of their kind nature to let you enter the country on a VWP.

You need to be sure that you didn't receive a ban as well as the deportation.

I also believe although people will advise you it shouldn't affect you K1 petition there is a much higher chance of it doing so.

I would say that you will need extremely good amounts of proof of your relationship.

Sadly you didn't stick to the rules of the VWP so there is every chance of this affecting your case.

[Roel 7,191]

As other said, check if you don't have a ban. Might be possible, if they (rightfully) accused you for working on VWP.

When filling up K1, don't try to hide the jobs or the visa denial. They have it all in their systems and not mentioning it might be taken as misrepresentation which might lead to a loooong ban.

[FerBA 0]

How can I check if a have a ban? I´m telling the words of the CBP Officer, they said me, with any kind of visa you can return, you only can´t use anymore the WVP.

[Boiler 43,430]

You will find out for certain if your GF petitions you for a K1. The interview will cover those issues.

[ZoeUK1989 35]

That is a good question, I do not know how you would check that you don't have a ban. I don't know if you receive a ban if they write to you or something like that. I have no idea.

Guess I didn't do anything that would risk this happening to me so I would have no clue how to check.

You will find out for certain if your GF petitions you for a K1. The interview will cover those issues.

Do you mean he will find out at the interview if he has a ban after his Fiance has paid and applied for the K1 or do you mean he will find out whether it will affect his case?

[Adil & Jeanne 296]

Unforunately getting free bed and/or food even for volunteer work is considered compenstation /same as getting paid

when i volunteered with handicapped in Morocco i paid my own costs, flight, room and board (food) therefore i had no issues / i did all this legally thru the Morocco country site

you will probably be asked about this at interview and have to be honest

you may be lucky and never be asked by CO as your country (i believe) is not considered high fraud

find out if they issued a ban and the very best of luck

[Unlockable 7,306]

Sounds like you just lost your VWP privileges. But still check there is no ban.

Be prepared to be questioned about this during the interview.