Revoked tourist visa

[Bryan5795 3]

Hello,

 

My fiance and I want to apply for her greencard coming from Colombia to the United States but we have one issue. We are getting married next month and plan to proceed as planned. However, she had her visa revoked at immigration on her way back to Colombia.  She work here. Went to the state police to have her fingerprints taken for a job. But the officers pulled her into a room before departure and asked her. She admitted and they sent her on the plane.  Any advice on how to proceed? Can we still apply?

[HRQX 4,145]

16 minutes ago, Bryan5795 said:

Any advice on how to proceed? Can we still apply?

Yes, you can still apply for IR-1/CR-1. The Foreign Affairs Manual doesn't mention anything regarding IV case and previous unauthorized employment during tourist visit. But must be truthful if asked during the interview or on Form I-130 or DS-260.

Edited January 18, 2021 by HRQX

[Crazy Cat 39,732]

Sounds like she was deported.  She, likely, has at least a 5 year ban after leaving the US.  If so, she will need a waiver.  

[Boiler 43,788]

She was deported?

 

You can certainly proceed, however K1 is not the best choice as she obviously needs to be work authorised on entry. CR1 would be better.

[Bryan5795 3]

33 minutes ago, Lucky Cat said:

Sounds like she was deported.  She, likely, has at least a 5 year ban after leaving the US.  If so, she will need a waiver.  

Yes. She got deported. When should we get the waiver? 

[Boiler 43,788]

The usual waiver would be the I 212 for Deportation, any other issues?

[HRQX 4,145]

7 minutes ago, Bryan5795 said:

When should we get the waiver? 

Only after the initial Immigrant Visa denial: https://www.uscis.gov/forms/direct-filing-addresses-for-form-i-212-application-for-permission-to-reapply-for-admission-into-the

Edited January 18, 2021 by HRQX

[Bryan5795 3]

9 minutes ago, HRQX said:

Only after the initial Immigrant Visa denial: https://www.uscis.gov/forms/direct-filing-addresses-for-form-i-212-application-for-permission-to-reapply-for-admission-into-the

Thanks

13 minutes ago, Boiler said:

The usual waiver would be the I 212 for Deportation, any other issues?

No other issues

[Bryan5795 3]

57 minutes ago, Boiler said:

She was deported?

 

You can certainly proceed, however K1 is not the best choice as she obviously needs to be work authorised on entry. CR1 would be better.

Yes. We plan to marry in March 

[JFH 12,189]

4 hours ago, Bryan5795 said:

Yes. We plan to marry in March 

In the US with her approved K-1 visa? If the visa has been approved (appears that way in your timeline) and issued then the consular officer was obviously satisfied with her situation. 
 

Edit - that looks like it was a different fiancé. So your previous fiancé moved here in November 2019 and now you are bringing in the next one. You’re fast.

Edited January 19, 2021 by JFH

[Mollie09 1,543]

2 hours ago, JFH said:

In the US with her approved K-1 visa? If the visa has been approved (appears that way in your timeline) and issued then the consular officer was obviously satisfied with her situation. 
 

Edit - that looks like it was a different fiancé. So your previous fiancé moved here in November 2019 and now you are bringing in the next one. You’re fast.

I was really confused about the Brazilian flag when talking about entering/exiting Colombia. Man, at least change the flag between fiancees!

[pushbrk 12,250]

8 hours ago, Lucky Cat said:

Sounds like she was deported.  She, likely, has at least a 5 year ban after leaving the US.  If so, she will need a waiver.  

Need clarity on this from the OP, but it seems like she was departing on her own for her own reason, and her visa was revoked.  Seems strange though because outbound international flights don't usually pass through immigration.  

 

To the OP.... Please clarify the details of her status.  I've never seen a CBP officer on the way OUT of the USA.

[HRQX 4,145]

16 minutes ago, pushbrk said:

I've never seen a CBP officer on the way OUT of the USA.

Only very few encounter CBP on the way out. Sometimes they conduct plain clothes operations where they look for suspicious or nervous outbound travelers in the Departures terminal. For example, if they find a VWP traveler that is about to return home with trace amounts of cannabis, they'll further question said traveler. If the VWP traveler admits to being a habitual user of cannabis then they'll note it in the Record and inform the traveler that he/she can no longer use the VWP.

 

In other cases, the passenger manifests indicate outbound travelers with warrants. https://www.cbp.gov/newsroom/local-media-release/st-louis-cbp-officers-arrest-outbound-traveler

 

They can also check travelers that are leaving by land: https://www.cbp.gov/newsroom/local-media-release/cbp-officers-conducting-outbound-operations-laredo-port-entry-apprehend

[pushbrk 12,250]

5 minutes ago, HRQX said:

Only very few encounter CBP on the way out. Sometimes they conduct plain clothes operations where they look for suspicious or nervous outbound travelers in the Departures terminal. For example, if they find a VWP traveler that is about to return home with trace amounts of cannabis, they'll further question said traveler. If the VWP traveler admits to being a habitual user of cannabis then they'll note it in the Record and inform the traveler that he/she can no longer use the VWP.

 

In other cases, the passenger manifests indicate outbound travelers with warrants. https://www.cbp.gov/newsroom/local-media-release/st-louis-cbp-officers-arrest-outbound-traveler

 

They can also check travelers that are leaving by land: https://www.cbp.gov/newsroom/local-media-release/cbp-officers-conducting-outbound-operations-laredo-port-entry-apprehend

I'm sure there's more to the story than the OP as revealed.

[Boiler 43,788]

37 minutes ago, pushbrk said:

I'm sure there's more to the story than the OP as revealed.

Well I have heard of people being stopped seems incredibly rare, and usually there is.