Tourist visa cancelled by CBP agent. Can we still get a CR1 or K1 Visa?

[CFS 14]

14 minutes ago, CFS said:

Hi Zedayn,

 

I'm glad to hear that your issue was straightforward enough as to not warrant a lawyer!

 

To elaborate a bit further on my response:

• Certainly, not everyone that goes through the CR1 visa process will need a lawyer. Some cases are very straightforward
• That being said, if I could go back in time, I would advise myself to get a lawyer. At the final step (medical exam/visa interview), our visa process was unnecessarily prolonged for 1 year since we lacked a proper "heads up" on a # of topics (listed below):
  • Awareness on proper documentation to be furnished at the visa interview. This includes: 
    • Making sure to bring the *exact* certificate that they need and not other "very similar" certificates (regardless of what's been previously approved for your I-130/DS-260). For instance - although some countries issue 2 versions of a marriage certificate, the Embassy will only accept one specific version (even though you may have uploaded the other version in your I-130 application & this may have been approved)
    • Accidentally bringing copies of documents to the visa interview without the originals (they need to see the original versions, no matter how inconsequential the document may seem)
    • Ensuring any documents that you bring into the visa interview are already uploaded to CEAC (even if they were not originally requested during the DS-260 process)
    • Importantly - making sure to bring new versions of documents such as the CENOMAR/tax returns/W-2s/NBI clearances if the ones you submitted as part of the DS-260 form have already expired by the time of your interview
  • Awareness on the existence of the DS-5535 process for extraordinary background checks (I seriously had no idea that this was a thing until we got the 221G request for this) - this by itself delayed our process by 8 months (and possibly more - jury's still out)
  • Regarding the medical exam - awareness that:
    • Even if you're healthy, the check-ups are not always straightforward. You can be flagged at random to undergo sputum testing (which will delay your case by 2.5 - 3 months at least) or be asked for additional documentation from outside physicians to prove that you are OK if you have underlying medical conditions (technically, this is indicated on the SLEC website but it's not the easiest information to find)
    • It is not straightforward at all to schedule a repeat medical exam in the Philippines (the embassy did not respond to us following 2+ months of inquiries and we only got the answer on how to proceed from a VisaJourney thread!) 
    • Sputum exam scheduling at SLEC in Manila is severely backlogged (it currently takes 1-2 months just to get the appointment and this does *not* include the additional 8-10 weeks of waiting for the bacteria cultures to (hopefully) not grow)

 

I think that in the absence of a lawyer, a lot of the information listed above is 'tribal knowledge" obtained either by 1) reading countless Visa Journey threads (and these may vary highly in terms of their ability to provide accurate information) or 2) going through the process (by the time you know all of this through lived experience, it's too late to go back). 

 

Thus, if I could go back in time, I would have hired a lawyer (with specific experience regarding PHL immigration to the U.S.) so I could have obtained a heads up regarding all of this and saved myself time/surprises/disappointment. For what it's worth, I ended up consulting a few immigration lawyers when the situations above came up (as often the path forward was not immediately clear). 

 

Finally - if I were in the OP's shoes, I would also seek peace of mind regarding the following (again, this is my own personal opinion):

 

• Triple checking that entry denial at the border will not constitute an issue for future immigration petitions (to Zedayn's point, it shouldn't, but I've heard of cases where they start digging into travel histories/statements made to CBP and find things that make applicants inadmissible)
• Knowing how to properly answer questions like "so, how come you (the applicant) could afford to be in the U.S. for months at a time? Don't you (the applicant) have a job?" at the visa interview. I'm bringing this up as 1) it's clear that someone on a tourist visa cannot work in the U.S. and 2) even remote work (for an international company) by non-citizens/permanent residents is highly frowned upon and can be considered as grounds for inadmissibility....so proper caution is required here

 

Of course, I do understand that everyone has his/her own perspective & that lawyers can be expensive. Again, these are just thoughts based on my own personal experience. I personally hope that my situation does not apply to anyone else as it's really been an ordeal to manage all of these delays & the accompanying disappointments. Good luck, OP!

For the record (since I can no longer edit the post above) - I'm not saying that OP/significant other worked while in the US or not...I'm just saying that sometimes they ask questions out of left field like that and that it's good to be prepared (and a lawyer can help with this). Again, just my 2 cents. 

[Boiler 43,451]

Even if your Immigration Lawyer has handled many PI cases, the Lawyer is not the one handling the paperwork, that will in the main be the ParaLegal, who may not.

 

 I am not sure what a Lawyer can do about taking the wrong documentation or for that matter Medical issues. DS 5535 happens but not very frequently, I was not under the impression that Lawyers talk about this in advance as a norm

 

Triple check the denied entry, You can ask what happened and review the paperwork, request a FOIA that is about it.

 

What do you mean by properly answering? That is all water under the bridge what happened happened, if there are any consequences then that is something to be dealt with in the future.

[African Zealot 1,452]

Your fiancée made two visits of 5.5 months within a year and had information about working on her phone but the phone belonged to her auntie? That’s a very interesting coincidence and no immigration officer is going to buy that story going forward.

 

Luckily the denied entry and withdrawal of visitors visa shouldn’t affect the immigrant visa petition.

[etrangais 927]

Vote for CR1

[igoyougoduke 1,605]

CR1 obviously.. 

[Leafsfan 54]

When we did the process years ago, we went with the cr1. It was about a 9 month process at the time from filing to getting my passport back. The waiting sucked, but it gave me enough time to sunset my life in my old country of residence 

[John & Rose 7,237]

On 6/17/2023 at 6:04 AM, Crazy Cat said:

Ask @John & Rose .  I think he would disagree with you. 

CR-1 is THE best option from the Philippines and I did K-1 and CR-1 there. 

[Bluehelicopter 1]

My fiance got here 8/4/2022, we married, applied for AOS in Nov and are still waiting . We did receive 1 RFE which we provided . So, we waited 16mos for the K1, and now the AOS may take over a year .  Good luck to you . Patience is key. 

[Maria O 16]

On 6/17/2023 at 3:04 AM, Crazy Cat said:

Ask @John & Rose .  I think he would disagree with you. 

I second the motion for disagreeing. I am also from the Philippines, my husband is a US citizen. Kudos to Crazy Cat for providing the Pros and Cons of CR1 and K1. I just want to add, with K1 it will require adjustment of status and removing of conditions, however CR1 will undergo removal of condition (if spousal visa is granted before 2 years of marriage. Spouse will have the IR1, if marriage is beyond 2 years.)  That being said, I would still go for CR1 as spouse will already have a green card and enjoy the benefits of permanent status upon arrival in the US.

 

Our filing took 1 year and 4 months from filing to approval of spousal visa.

 

- Married in the Philippines - April 2017 (civil wedding) - no hassle, no too many "rules", you only need to file your permit for marriage at the city hall where you  want to get married. Invite 2 sponsors, immediate family. Done. Unless your fiance prefers a traditional fancy wedding, as what Filipino family expects especially with a foreigner partner.  

- Filed I-130 - May 2017 (husband went back to US, I stayed in the Philippines)

- Approved/Received Visa - September 2018

- US Arrival - September 2018

- Received Green Card CR1 - October 2018 (Valid 2 years) - I received my green card before our 2nd year of wedding anniversary, which requires removal of condition. The removal of condition is for the purpose of proving that you entered the marriage in good faith. Philippines is one of the countries included in the red list fraud alert for spouse/fiance visas, hence the conditions if marriage is less than 2 years. Also, forget about utah online marriage or any online/proxy marriage. Your application will be scrutinized if you do this, you'll have to provide a lot of evidences to prove your marriage is bonafide.

- 1st job in the US (state employee) and student driver's license - December 2018

- Driver's License - August 2019

- Removal of condition - Submitted July 2020, Approved August 2021

- Received Green Card IR1 - August 2021 (Valid 10 years) Immigrant spouse can file US citizenship after 3 years from the date of US entry (given that petitioner is a US citizen.)

 

My two cents, I would rather wait with minimal expenses for a CR1 than go with the extra mile and more expenses for K1 in exchange of being together. You'll be together anyway once your spouse arrives in the US. Just need a little sacrifice if your relationship is truly genuine. Other option, you can stay/visit in the Philippines as much as you like during the waiting period and have a second fancy extravagant wedding.

 

 

[beloved_dingo 1,932]

2 hours ago, Maria O said:

I second the motion for disagreeing. I am also from the Philippines, my husband is a US citizen. Kudos to Crazy Cat for providing the Pros and Cons of CR1 and K1. I just want to add, with K1 it will require adjustment of status and removing of conditions, however CR1 will undergo removal of condition (if spousal visa is granted before 2 years of marriage. Spouse will have the IR1, if marriage is beyond 2 years.)  That being said, I would still go for CR1 as spouse will already have a green card and enjoy the benefits of permanent status upon arrival in the US.

 

Our filing took 1 year and 4 months from filing to approval of spousal visa.

 

- Married in the Philippines - April 2017 (civil wedding) - no hassle, no too many "rules", you only need to file your permit for marriage at the city hall where you  want to get married. Invite 2 sponsors, immediate family. Done. Unless your fiance prefers a traditional fancy wedding, as what Filipino family expects especially with a foreigner partner.  

- Filed I-130 - May 2017 (husband went back to US, I stayed in the Philippines)

- Approved/Received Visa - September 2018

- US Arrival - September 2018

- Received Green Card CR1 - October 2018 (Valid 2 years) - I received my green card before our 2nd year of wedding anniversary, which requires removal of condition. The removal of condition is for the purpose of proving that you entered the marriage in good faith. Philippines is one of the countries included in the red list fraud alert for spouse/fiance visas, hence the conditions if marriage is less than 2 years. Also, forget about utah online marriage or any online/proxy marriage. Your application will be scrutinized if you do this, you'll have to provide a lot of evidences to prove your marriage is bonafide.

- 1st job in the US (state employee) and student driver's license - December 2018

- Driver's License - August 2019

- Removal of condition - Submitted July 2020, Approved August 2021

- Received Green Card IR1 - August 2021 (Valid 10 years) Immigrant spouse can file US citizenship after 3 years from the date of US entry (given that petitioner is a US citizen.)

 

My two cents, I would rather wait with minimal expenses for a CR1 than go with the extra mile and more expenses for K1 in exchange of being together. You'll be together anyway once your spouse arrives in the US. Just need a little sacrifice if your relationship is truly genuine. Other option, you can stay/visit in the Philippines as much as you like during the waiting period and have a second fancy extravagant wedding.

 

 

I agree that CR1 is the better choice, and one big reason is avoiding AOS. 

 

However, just want to point out that timelines are quite different now than they were in 2017/2018, so the process will likely take closer to 2 years, not 1. K1 timelines are similar though. It no longer has a time advantage over CR1.

 

Also, do you have a source for this statement below?

Quote

Also, forget about utah online marriage or any online/proxy marriage. Your application will be scrutinized if you do this, you'll have to provide a lot of evidences to prove your marriage is bonafide.

 

I have not seen any indication that USCIS treats the Utah/Zoom marriage any differently. Of course, the couple still has to see each other in person during or after the ceremony for it to be valid. 

[M+K IL 102]

4 hours ago, Maria O said:

Philippines is one of the countries included in the red list fraud alert for spouse/fiance visas, hence the conditions if marriage is less than 2 years.

Ah, I thought this applies to everyone regardless of country of origin?

 

https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/immigrant-visa-for-spouse.html#13

[Maria O 16]

1 hour ago, beloved_dingo said:

Also, do you have a source for this statement below?

Quote

Also, forget about utah online marriage or any online/proxy marriage. Your application will be scrutinized if you do this, you'll have to provide a lot of evidences to prove your marriage is bonafide.

1 hour ago, beloved_dingo said:

I have not seen any indication that USCIS treats the Utah/Zoom marriage any differently. Of course, the couple still has to see each other in person during or after the ceremony for it to be valid. 

 

US immigration law considers Utah/online marriages legally valid and may not treat it differently. When I said scrutinize, I meant the USCIS will most probably ask for RFE (request for evidence). Speaking from experience, we received an RFE both for when we filed I-130 and again for ROC. Here's a couple of links about virtual marriages and examples of evidences you need to provide. 

 

What is a Proxy Marriage and Can it Be Filed with USCIS? - EIC 中天移民 (enterimmi.com)

Proxy Marriage for Immigration Purposes | CitizenPath

USCIS recognize online marriage? Can I get a U.S spouse visa? (marryfromhome.com)

 

[Boiler 43,451]

RFE for what?

[Maria O 16]

4 minutes ago, Boiler said:

RFE for what?

proof that the marriage has been consummated after you got married online or if marrage is bonafide and was entered in good faith. 

[Mike E 11,723]

12 minutes ago, Maria O said:

proof that the marriage has been consummated after you got married online or if marrage is bonafide and was entered in good faith. 

What kind of consummation proof?