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visajourneyme

revoked pursuant 22 cfr 41.122 (h) (5)

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Hi, Before I got my citizenship, My previously girlfriend (now Fiancee) has been visiting U.S multiple times. she had a B1/B2 and did and internship through J1 visa.

After I got my Citizenship she decided to visit me to spend our birthday together but she got stopped at the immigration and sent back.

On her B1/B2 visa the officer wrote:

CANCELED followed by revoked pursuant 22 cfr 41.122 (h) (5).  It is not clearly written if the last two character is (h) (5) or  CH (5)

 

also they had her undergo a sworn interview and the result from the officer is this:

*inadmissible to the united states pursuant section 212 (a) (7) (a) (i) (I)

*you will need to apply for a new visa in order to return to the UNITED STATES.

 

According to my research in this forum it means that she has been granted for Voluntary return. instead of expedite removal.

 

fastforward to now. We applied for a Fiancee K1 Visa and got approved. Her Interview is next week.

I was just worried that the issue above will conflict with her chance during interview or give us problem in the future?

 

I hope I can get a clear answer to lessen our worry this upcoming week.

 

Thank you.

 

 

 

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14 minutes ago, visajourneyme said:

Hi, Before I got my citizenship, My previously girlfriend (now Fiancee) has been visiting U.S multiple times. she had a B1/B2 and did and internship through J1 visa.

After I got my Citizenship she decided to visit me to spend our birthday together but she got stopped at the immigration and sent back.

On her B1/B2 visa the officer wrote:

CANCELED followed by revoked pursuant 22 cfr 41.122 (h) (5).  It is not clearly written if the last two character is (h) (5) or  CH (5)

 

also they had her undergo a sworn interview and the result from the officer is this:

*inadmissible to the united states pursuant section 212 (a) (7) (a) (i) (I)

*you will need to apply for a new visa in order to return to the UNITED STATES.

 

According to my research in this forum it means that she has been granted for Voluntary return. instead of expedite removal.

 

fastforward to now. We applied for a Fiancee K1 Visa and got approved. Her Interview is next week.

I was just worried that the issue above will conflict with her chance during interview or give us problem in the future?

 

I hope I can get a clear answer to lessen our worry this upcoming week.

 

Thank you.

 

 

 

No, it will not impact the K-1 interview or approval.  Best wishes.

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Just now, visajourneyme said:

Thank you, that gives us hope, especially for my fiancee, shes been traumatized about what happened and stressing out about the interview

I totally get that, this entire process is stressful!  

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It's a voluntary withdrawal of application for admission, not voluntary return. No impact on the K-1.


Timelines:

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

12/1/17: sent

12/14/17: 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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2 minutes ago, geowrian said:

It's a voluntary withdrawal of application for admission, not voluntary return. No impact on the K-1.

Thank you for correcting me, as all of this term are very foreign to me and confusing. 

do you think there will be a chance that they will ask about the voluntary withdrawal during the interview?

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Just now, visajourneyme said:

Thank you for correcting me, as all of this term are very foreign to me and confusing. 

do you think there will be a chance that they will ask about the voluntary withdrawal during the interview?

They may, and they are allowed to ask about it.  But it wouldn't be a reason for a denial.

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6 minutes ago, visajourneyme said:

Thank you for correcting me, as all of this term are very foreign to me and confusing. 

do you think there will be a chance that they will ask about the voluntary withdrawal during the interview?

Agreed with the above - they may or may not ask, but it's not a reason for denial.


Timelines:

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

12/1/17: sent

12/14/17: 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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I would imagine a Lawyer would want to know the full story before favouring an opinion.


“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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