K1 visa, overstay and incorrect data in my file

[viking73 0]

I have been living in the US for 6 years, first on a student visa, then on a work visa (H1B). In November -05 I quit my job and moved with my boyfriend at the time to New Orleans to help him in his company, he promised me that he would get me a new work permit. I was stupid enough to believe him and follow him, and he never got me a new work permit. I ended up leaving him in March -06 and moving in with a friend that I have known for many years.

1. My work visa (H1B) was valid for the whole time, and I travelled to Norway and back once using the H1B visa (March -06). 3 months later I went back to Norway again and got a new machine readbable passport. This time I entered as a tourist under the visa waiver program for Norwegians (June -06). Two months later I went back to Norway again, and when I returned in September I was refused admittance in Atlanta, GA. Have I violated any overstay regulations?

My friend proposed to me in June -06 and we are now engaged. We filed the I-129F which now has been approved. Do I need to file an overstay waiver before I go to the interview at the Embassy?

2. During the interrogation at the border when they refused to let me enter the US, they looked my name up on the internet and they found a website that I have made. My big passion in life is dogs and the website was about my dogs. I have an informational page about grooming on the site, and they claim I have been making money without a work permit by grooming dogs. I believe it now states in my file that I have been making money without a work permit, what can I do about this? Will it create problems for me getting my K1 visa?

Any suggestions deeply appreciated. It has been almost a year now since I have seen my fiancé, this is really killing us…

[TracyTN 237]

This is a very complex situation. I doubt any of us can say with certainty that it will or won't cause you issues with your K1.

If I were you, I would seek advice and help on your K1 with an experienced immigration attorney.

[Gaby&Talbert 1]

Did they take your fingerprints when they denied you entry? I do not like the border patrol, it is not like you are a terrorist or something. Have you had an overstay? Did you work without permission? Are you sure they put that in your record?

[pushbrk 14,333]

This is a very complex situation. I doubt any of us can say with certainty that it will or won't cause you issues with your K1.

If I were you, I would seek advice and help on your K1 with an experienced immigration attorney.

Yes, this is a complicated situation that will require in depth discussions with a skilled immigration attorney to find resolution. The resolution may be simple and easy, or not but the attorney will know the necessary questions to ask before devising a plan of action.

[YuAndDan 153]

Did they take your fingerprints when they denied you entry? I do not like the border patrol, it is not like you are a terrorist or something. Have you had an overstay? Did you work without permission? Are you sure they put that in your record?

The border patrol did let a few terrorist pass them by and the result was a few thousand dead in lower Manhattan a feld in PA, and DC. Since then the CBP has ratcheted up their inspections, anyone can be a terrorist. I have no problems with the CBP being extra careful, than a return the looseness of the borders a few years ago.

[viking73 0]

Did they take your fingerprints when they denied you entry? I do not like the border patrol, it is not like you are a terrorist or something. Have you had an overstay? Did you work without permission? Are you sure they put that in your record?

Wow, you guys are quick!

Yes, they did take my fingerprints when I was refused admission.

I think I might have a 1 month overstay if I have understood this correctly: I have a 3 month grace period after I quit my job, I left the US 4 months after I quit my job, then re-entered.

I helped some people out with their dogs, and that way maybe accumulating a total of $1000 through my hobby. Is that concidered work without permission?

Thank you for your input!

[Chica Yeyé 41]

I would consider talking to a good immigration attorney - your case is complex, but I hope you can find a nice solution.

Peace, L.

[Clarky and Tarah 0]

Did they take your fingerprints when they denied you entry? I do not like the border patrol, it is not like you are a terrorist or something. Have you had an overstay? Did you work without permission? Are you sure they put that in your record?

Wow, you guys are quick!

Yes, they did take my fingerprints when I was refused admission.

I think I might have a 1 month overstay if I have understood this correctly: I have a 3 month grace period after I quit my job, I left the US 4 months after I quit my job, then re-entered.

I helped some people out with their dogs, and that way maybe accumulating a total of $1000 through my hobby. Is that concidered work without permission?

Thank you for your input!

Yes, I think that is considered working without permission.

You may have been denied reentry because you had been to the U.S. multiple times for entended periods of time. It doesn't matter if you do have a visa, the immigration officals have to right to turn you away if they believe you have reason to stay here permanently (like your K-1 application) or that you are earning money without permission. Did you show them proof that you had ties to your home country? You need to be sure to bring them with you every time you enter the U.S., especially if you are planning on staying for a good while.

I think they mainly guess that most people who stay here for long periods of time are making money. They accused my fiance of doing just that (which he definitely WASN'T doing) because he had a large amount of money and was able to stay here for about six months straight. Once he showed them his bank statements with the deposit dates being well before he entered the U.S. they were a little less accusing.

I don't know what will happen since you actually were working while you were here. I'm pretty sure that is not allowed since you were on VWP and not a worker's visa.

I'm not sure if you overstayed, but from what you described it sounds to me like you didn't. I think they were just suspicious about the amount of time you'd been spending in the U.S. and accused you of working while you were here, and just happened to be right.

I agree with the other posters, I would find an immigration attorney to help with this one. It sounds like you've broken the law by working while you were here and I'm not sure what the consequences are for that.

Good luck.

[john_and_marlene 162]

You have many issues--some you may not even realize.

Expired and valid are 2 different issues. Your H1B visa was no longer valid after you quit your job -- you then used it to enter the U.S. in '06. (Fraud)

You worked without authorization.

You potentially have an overstay from the time you initially quit your job until you exited the U.S.

Working without authorization triggers a 5 year ban.

Visa fraud - (Using an invalid H1B to enter) can cause a lifetime ban.

Overstay time, depending on the periods they decide to consider, can trigger a 3 year or 10 year ban.

If you choose to rely on yourself and the advice from others to sort this out, perhaps you should first look at where that has gotten you so far. Look for an immigration attorney that is well versed in overcoming visa fraud, overstays, working without permission, and marriage based visas. Check also that they have a track record of successful waivers following the initial denial that will come with the adjudication of your marriage based visa.

[TimsDaisy 0]

When you were refused entry into the country, they should've made you sign a form and given you a copy of it. It should tell you if when you were removed what your limits are, if any, and the reasons for your removal (ie: overstay, of how long, which laws were broken, etc). My fiance was "removed" (ie: refused entry) and his form gave the reason (stayed past his I-94, though that will be referred to as a visa overstay, though it technically isn't) and what the consequences were: in his case, he lost the ability to use the visa waiver program. The document said he must apply for and obtain a visa to travel to the US again. But it DID NOT say he was inadmissible. That's the big thing to look out for.

So did you get such a document?

[viking73 0]

When you were refused entry into the country, they should've made you sign a form and given you a copy of it. It should tell you if when you were removed what your limits are, if any, and the reasons for your removal (ie: overstay, of how long, which laws were broken, etc). My fiance was "removed" (ie: refused entry) and his form gave the reason (stayed past his I-94, though that will be referred to as a visa overstay, though it technically isn't) and what the consequences were: in his case, he lost the ability to use the visa waiver program. The document said he must apply for and obtain a visa to travel to the US again. But it DID NOT say he was inadmissible. That's the big thing to look out for.

So did you get such a document?

Yes, I did get such a document. And it says that I was 'refused entry under the visa waiver program as she was an immigrant without an immigrant visa. Sec 212(a) (7) (i) (I) of the INA per SCBPO Melendez.

[viking73 0]

You have many issues--some you may not even realize.

Expired and valid are 2 different issues. Your H1B visa was no longer valid after you quit your job -- you then used it to enter the U.S. in '06. (Fraud)

You worked without authorization.

You potentially have an overstay from the time you initially quit your job until you exited the U.S.

Working without authorization triggers a 5 year ban.

Visa fraud - (Using an invalid H1B to enter) can cause a lifetime ban.

Overstay time, depending on the periods they decide to consider, can trigger a 3 year or 10 year ban.

If you choose to rely on yourself and the advice from others to sort this out, perhaps you should first look at where that has gotten you so far. Look for an immigration attorney that is well versed in overcoming visa fraud, overstays, working without permission, and marriage based visas. Check also that they have a track record of successful waivers following the initial denial that will come with the adjudication of your marriage based visa.

Thank you for your answer. How do I go about checking the attorney's track records, and how can I know if they are good or bad at what they're doing?

[john_and_marlene 162]

You have many issues--some you may not even realize.

Expired and valid are 2 different issues. Your H1B visa was no longer valid after you quit your job -- you then used it to enter the U.S. in '06. (Fraud)

You worked without authorization.

You potentially have an overstay from the time you initially quit your job until you exited the U.S.

Working without authorization triggers a 5 year ban.

Visa fraud - (Using an invalid H1B to enter) can cause a lifetime ban.

Overstay time, depending on the periods they decide to consider, can trigger a 3 year or 10 year ban.

If you choose to rely on yourself and the advice from others to sort this out, perhaps you should first look at where that has gotten you so far. Look for an immigration attorney that is well versed in overcoming visa fraud, overstays, working without permission, and marriage based visas. Check also that they have a track record of successful waivers following the initial denial that will come with the adjudication of your marriage based visa.

Thank you for your answer. How do I go about checking the attorney's track records, and how can I know if they are good or bad at what they're doing?

Ask for an initial consultation to explain your circumstances. During the consultation, ask questions regarding the extent of their background handling these circumstances and how successful/unsuccessful they have been. Ask for references.

[Gaby&Talbert 1]

This lady seems to be excellent Laurel Scott