Pending K-1 visa, fiancé denied entry on ESTA for suspicion of being here to work

[Gasolina424 3]

I have submitted a k-1 visa for my New Zealand fiancé to come here to the USA. We received noa 1 in July, and are waiting for the next step. My fiancé came over to visit this week and was denied entry. He was randomly selected out of customs line at SFO and interrogated. They accused him of being here to work despite him telling them he was here to see me and I was there to pick him up. Eventually he signed something saying he was here to work, he said it was traumatic and he felt coerced into admitting this-being promised he’d be let go if he confessed. Anyway, he was immediately returned to Australia where he lives. He has had his tourist visa privileges revoked for the USA, and now I’m horrified for the fate of our k-1 fiancé visa. 

 

Does anyone have insight or advice. I assume I need an immigration lawyer, what kind? So far the ones I’ve contacted have said they specialize more in setting up businesses and assisting with green cards etc. I don’t know where to start.

 

This happened Wednesday, I couldn’t talk to my fiancé until Friday because his phone was taken and not returned until he landed. So now it’s the weekend and I won’t be able to talk to anyone until Monday. Any ideas where to start? Thank you for any insight or advice.

[yuna628 9,528]

Revocation of VWP privileges is unfortunate, but does not prevent you from filing for or successfully obtaining a K1 visa. It will have to be disclosed and he may or may not be asked about it during his interview, but otherwise in general it's fine. Remember, he's obtaining a visa with the purpose of eventual residing in the US with you, so denial of tourism purposes doesn't penalize.

 

Is there any particular reason they felt he was coming here to work? Did he disclose that a K1 had been filed? Did he attempt to mislead the officers in any way? Did he have strong ties to home - with proof of returning and a job in NZ?

[Gasolina424 3]

Thank you! That is encouraging. He was randomly selected from customs line and then when they pulled up his entry/exits they got suspicious because he was here the same time last year. They were accusing him of being here for the weed culture/trimming, apparently that’s a thing at San Francisco airport this time of year...I don’t know. He did disclose the pending K-1 and he said they pulled it up. He did not attempt to mislead, but eventually after a long time of interrogation he told them what they wanted to hear, thinking he would be let go. He does have strong ties to home. Hopefully we can move forward. Thank you for your insight. 

[JFH 12,189]

*~*~*moved from “off topic” to “K-1 fiancé visa process and procedures” - duplicate thread also removed - please post each topic only once - thank you*~*~*

 

It’s very unusual for this to happen. Especially among VWP arrivals. Usually the suspicion among love interests of USCs is that they will stay and adjust status, not that they are coming to work. Was there anything in his luggage that suggested he might be looking for work? Or coming to do some work? Resumes? Lists of contacts for job opportunities or potential clients? Suits and ties? Uniforms? Specialist work equipment such as tools or safety clothing? Certificates and qualifications? 

 

I was questioned and had my luggage searched only once in over 40 VWP visits but work was never mentioned. They kept trying to get me to say that I was planning to stay and adjust. 

 

I don’t think you’ll get anywhere on Monday either - it’s a holiday for federal employees such as immigration. 

Edited October 7, 2018 by JFH

[JFH 12,189]

1 hour ago, Gasolina424 said:

Thank you! That is encouraging. He was randomly selected from customs line and then when they pulled up his entry/exits they got suspicious because he was here the same time last year. They were accusing him of being here for the weed culture/trimming, apparently that’s a thing at San Francisco airport this time of year...I don’t know. He did disclose the pending K-1 and he said they pulled it up. He did not attempt to mislead, but eventually after a long time of interrogation he told them what they wanted to hear, thinking he would be let go. He does have strong ties to home. Hopefully we can move forward. Thank you for your insight. 

Seems strange that they would suspect someone from a VWP country with a strong economy would be coming to work a menial job illegally for a lot less than he makes at home without the safety net of healthcare, etc. It’s usually people from economically disadvantaged nations that put themselves at such risk for such little reward. 

 

His strong ties to home are not that strong in the eyes of the immigration officers - filing a K-1 shows immigration intent and he will be abandoning most, if not all, of those ties permanently in the next 6 - 10 months anyway.  

[geowrian 22,335]

Usually a random search by CBP is not really that random...they usually have suspicion already and want to see if evidence supports that.

[JFH 12,189]

Interesting that you asked about him being able to work beforehand. And is he from Australia or New Zealand? 

 

 

[Gasolina424 3]

Not that interesting when you’re trying to get as much info as possible to plan your life! I asked this before we ever submitted a visa application. Just trying to weigh our options and make informed decisions.  This question was specific to whether or not the k-1 approval permits you to work while waiting for adjustment of status. Turns out you can, but it is another form and fee to apply for this privilege! Good to know, which is why I asked. 

[Gasolina424 3]

Yes, I’m not sure! I wasn’t there, but he told me he was waiting in line at customs, hadn’t scanned his passport or anything and he was pulled from the line along with about 10 other people.

Also, his return flight was for Oct 20th.

[FluffyBalls 52]

55 minutes ago, JFH said:

Seems strange that they would suspect someone from a VWP country with a strong economy would be coming to work a menial job illegally for a lot less than he makes at home without the safety net of healthcare, etc. It’s usually people from economically disadvantaged nations that put themselves at such risk for such little reward. 

There was an interview with a CBP officer I read a while back who claimed that almost all of the "horror stories" you hear are embellished, exaggerated, or leave out key information. One example he gave was a Brazilian that got sent back who made a huge storm about his denial back in Brazil on the media. He claimed racism, xenophobia blah blah blah. Turns out he had overstayed his tourist visa by 5 years on his previous "trip" and he was detained for like 2 hours before getting put on a flight back home.

 

Something like 1 in 2500 VWP arrivals are denied entry, and that figure includes overstays, people with criminal records, people bringing in contraband, people flat out admitting they will work or do drugs, etc. 

Edited October 7, 2018 by FluffyBalls

[MacUK 983]

It's too late to do anything about it now but I'm constantly astonished when I read about people who claim they were forced to admit to things they didn't do or admit to planning to do things they don't do.

 

How does anyone believe that falsely admitting to planning to do something illegal will ever have a positive outcome?

 

I've been pulled in to secondary and interrogated. They tried to trip me up to get me to admit to doing something wrong.

Fortunately though, I wasn't doing anything illegal so I stuck with telling the truth and eventually was allowed to enter.

I just don't understand how anyone can believe that lying about doing something illegal is better than telling the truth about doing absolutely nothing illegal.

[Gasolina424 3]

Agreed, but not helpful and not the purpose of my post. Everyone reacts differently under pressure.

 

I’m asking for guidance on how to proceed and if anyone knows what sort of specific immigration lawyer I need. Or if anyone has any experience with anything similar. I’m not looking for judgement, I’m looking for help. Thank you.

[TM92 527]

16 hours ago, Gasolina424 said:

Thank you! That is encouraging. He was randomly selected from customs line and then when they pulled up his entry/exits they got suspicious because he was here the same time last year. They were accusing him of being here for the weed culture/trimming, apparently that’s a thing at San Francisco airport this time of year...I don’t know. He did disclose the pending K-1 and he said they pulled it up. He did not attempt to mislead, but eventually after a long time of interrogation he told them what they wanted to hear, thinking he would be let go. He does have strong ties to home. Hopefully we can move forward. Thank you for your insight. 

You have to find out what he was forced to say, thus what CBP entered into the records. This can affect his answers on the DS-160.

Quote

Q: Have you ever been refused a U.S. Visa, or been refused admission to the United States, or withdrawn your application for admission at the port of entry?

A: Yes or No. If yes, provide an explanation.

Quote

Q: Have you ever violated, or engaged in a conspiracy to violate, any law relating to controlled substances?

A: Yes or No. If yes, provide an explanation.

Cannabis is a Schedule I controlled substance, thus inadmissible by INA 212(a)(2)(A)(i)(II).

Edited October 7, 2018 by TM92

[Gasolina424 3]

This is very helpful, thank you so much.

[TM92 527]

@Gasolina424: Here is a link that mentions CBP coercion. There is no ombudsman for CBP, only a generic complaint form: https://help.cbp.gov/app/forms/complaint