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Gasolina424

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

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Did he admit he was planning to work (general), or to work with cannabis harvest?  Outcome and what to do next might be VERY different 

 

Read: https://www.newsweek.com/legal-canadian-marijuana-workers-face-lifetime-us-ban-1120694 

 

 

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16 hours ago, Gasolina424 said:

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. 

No fee for people adjusting status - Just a 3-6 months wait.  

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Filed: Other Country: United Kingdom
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4 hours ago, Gasolina424 said:

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.

 

Wasn't being judgemental at all and I apologise if it came across as such.

Just trying to make a point for others reading this thread not to be coerced into making false admissions in the future.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

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17 hours ago, Gasolina424 said:

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. 

1 hour ago, Lemonslice said:

No fee for people adjusting status - Just a 3-6 months wait.  

I think the reference was to apply for an EAD while still on K-1 status. That does require paying the fee.

At the same time, it's pretty pointless to attempt this option as it expires at the end of the 90 days and it is taking well over 90 days to adjudicate the I-765. SO it would be paying them and backlogging the system for no benefit.

An EAD based on a pending AOS has no fee, as noted.

 

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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14 minutes ago, geowrian said:

I think the reference was to apply for an EAD while still on K-1 status. That does require paying the fee.

At the same time, it's pretty pointless to attempt this option as it expires at the end of the 90 days and it is taking well over 90 days to adjudicate the I-765. SO it would be paying them and backlogging the system for no benefit.

An EAD based on a pending AOS has no fee, as noted.

 

I guess "... while waiting for adjustment of status" can be read both ways [while waiting to file/while waiting for it to be processed].  Yes, pretty expensive and useless to request EAD prior to filing for AOS.  

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Filed: K-1 Visa Country: Mexico
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You will want to be sure the attorney specializes in this kind of process.  That is, has experience with deportations and K-1 visas, and not, say, asylum or workers' visas.  At one time there was a list of recommended lawyers on VJ.

 

 

 

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Filed: K-1 Visa Country: Wales
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K1 is not an obvious choice for someone who needs to work asap.

“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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