Denied at POE

[typhoon 0]

Odd question, but here goes. An in-law came using a multi-entry vistor visa (B2) to marry her finace using a visa we helped her obtain to visit us and other family. We advised her against attempting to do this, but she was denied entry when she was forced to show that the address she said she was staying at was her boyfriend. Previously her 3 month stay had turned into 6 months through flight extensions, and she came back after only 2 months in her home country.

It isn't clear to me whether she had lied at any time to the CBP or told them the whole truth, but she was denied entry, visa revoked, and sent home. She maintains that there was nothing wrong with what she was trying to do, but now they are looking to do a K1 visa. Due to her intent to immigrate on the non-immigrant visa, is it likely she would be denied the K1 visa based on her denial of entry and subsequent visa revocation? Of course, I am not entirely sure of what was said and what the CBP thought her intent was or wasn't.

To me it sounds like they created a mess of problems, and the fiance is planning to use one of the thousand dollar Internet lawyers to process the K1. To me, this sounds like a much more costly legal issue.

Also, what concerns me in particular is that other in-laws that had their visa issued at the same time (single entry) may be affected by her attempt to immigrate when they apply for another visa to visit in the future. Any thoughts on that one as well?

[no name 1]

Odd question, but here goes. An in-law came using a multi-entry vistor visa (B2) to marry her finace using a visa we helped her obtain to visit us and other family. We advised her against attempting to do this, but she was denied entry when she was forced to show that the address she said she was staying at was her boyfriend. Previously her 3 month stay had turned into 6 months through flight extensions, and she came back after only 2 months in her home country.

It isn't clear to me whether she had lied at any time to the CBP or told them the whole truth, but she was denied entry, visa revoked, and sent home. She maintains that there was nothing wrong with what she was trying to do, but now they are looking to do a K1 visa. Due to her intent to immigrate on the non-immigrant visa, is it likely she would be denied the K1 visa based on her denial of entry and subsequent visa revocation? Of course, I am not entirely sure of what was said and what the CBP thought her intent was or wasn't.

To me it sounds like they created a mess of problems, and the fiance is planning to use one of the thousand dollar Internet lawyers to process the K1. To me, this sounds like a much more costly legal issue.

Also, what concerns me in particular is that other in-laws that had their visa issued at the same time (single entry) may be affected by her attempt to immigrate when they apply for another visa to visit in the future. Any thoughts on that one as well?

THis post lacks any hard details needed to answer your question.

[typhoon 0]

Well, what additional information can I provide? I know she was given an oath, and she says she told them that she was planning to do her documents here. Obviously they understood that to mean she was going to get married, as she had all of her documents minus any of the other things required for a K1, like a medical exam, etc.

[rebeccajo 14]

It's going to depend on what they stamped in her passport (if anything) when she was turned back.

[no name 1]

It isn't clear to me whether she had lied at any time to the CBP or told them the whole truth, but she was denied entry, visa revoked, and sent home. She maintains that there was nothing wrong with what she was trying to do, but now they are looking to do a K1 visa. Due to her intent to immigrate on the non-immigrant visa, is it likely she would be denied the K1 visa based on her denial of entry and subsequent visa revocation? Of course, I am not entirely sure of what was said and what the CBP thought her intent was or wasn't.

You aren't even sure of what she said, that would be a first step...

[Dan J 277]

Odd question, but here goes. An in-law came using a multi-entry vistor visa (B2) to marry her finace using a visa we helped her obtain to visit us and other family. We advised her against attempting to do this, but she was denied entry when she was forced to show that the address she said she was staying at was her boyfriend. Previously her 3 month stay had turned into 6 months through flight extensions, and she came back after only 2 months in her home country.

It isn't clear to me whether she had lied at any time to the CBP or told them the whole truth, but she was denied entry, visa revoked, and sent home. She maintains that there was nothing wrong with what she was trying to do, but now they are looking to do a K1 visa. Due to her intent to immigrate on the non-immigrant visa, is it likely she would be denied the K1 visa based on her denial of entry and subsequent visa revocation? Of course, I am not entirely sure of what was said and what the CBP thought her intent was or wasn't.

To me it sounds like they created a mess of problems, and the fiance is planning to use one of the thousand dollar Internet lawyers to process the K1. To me, this sounds like a much more costly legal issue.

Also, what concerns me in particular is that other in-laws that had their visa issued at the same time (single entry) may be affected by her attempt to immigrate when they apply for another visa to visit in the future. Any thoughts on that one as well?

Her issues with the B2 visa wont cause problems with a K-1 visa. But it will come up and she will have to report it on the forms used for the interview.

On a B2 visa, you can only stay in the US for 6 months out of a year. And you cannot enter with the intent to marry and stay in the US. If she was successful with that, she could get denied or banned at the AOS stage.

[typhoon 0]

Of course, but I wasn't there. I don't have a first-person account of this, and I'm sure I'd never see any report they may send off. I'm really only looking for general observations of what I do know, not what I don't. If there just isn't enough information to make a general observation or think of a similar account you may have seen before, then ok.

[pushbrk 14,068]

It isn't clear to me whether she had lied at any time to the CBP or told them the whole truth, but she was denied entry, visa revoked, and sent home. She maintains that there was nothing wrong with what she was trying to do, but now they are looking to do a K1 visa. Due to her intent to immigrate on the non-immigrant visa, is it likely she would be denied the K1 visa based on her denial of entry and subsequent visa revocation? Of course, I am not entirely sure of what was said and what the CBP thought her intent was or wasn't.

You aren't even sure of what she said, that would be a first step...

What isn't clear to you is what needs to be clear in order to have a good answer but a line from a famous movie comes to mind. "Stupid is as stupid does."

At the very least, this young lady should be prepared to explain her actions to the satisfaction of a Consular Officer at her K1 visa interview.

[typhoon 0]

Her issues with the B2 visa wont cause problems with a K-1 visa. But it will come up and she will have to report it on the forms used for the interview.

On a B2 visa, you can only stay in the US for 6 months out of a year. And you cannot enter with the intent to marry and stay in the US. If she was successful with that, she could get denied or banned at the AOS stage.

Ok, I wasn't totally sure how they see those things. I've seen posts where people simply couldn't prove ties but not where there intent was necessarily to immigrate. Thank goodness she wasn't successful and all-out banned from the country.

[typhoon 0]

What isn't clear to you is what needs to be clear in order to have a good answer but a line from a famous movie comes to mind. "Stupid is as stupid does."

At the very least, this young lady should be prepared to explain her actions to the satisfaction of a Consular Officer at her K1 visa interview.

That is actually very fitting the situation. heh

[Dan J 277]

Her issues with the B2 visa wont cause problems with a K-1 visa. But it will come up and she will have to report it on the forms used for the interview.

On a B2 visa, you can only stay in the US for 6 months out of a year. And you cannot enter with the intent to marry and stay in the US. If she was successful with that, she could get denied or banned at the AOS stage.

Ok, I wasn't totally sure how they see those things. I've seen posts where people simply couldn't prove ties but not where there intent was necessarily to immigrate. Thank goodness she wasn't successful and all-out banned from the country.

I should clarify though, what I said is assuming that she was denied entry due to immigration intent. If she was denied entry for a reason that would make her inadmissible under a K-1 visa, then she will have problems.

[Credzba 0]

If she didn't get a ban, then I wouldn't worry about it.

Chances are it is in her record, but she did not break any laws so it is likely they will want an explanation, but thats all.

I wouldn't even bother with a lawyer.

File the K1, and answer any questions they ask honestly.

[typhoon 0]

Thanks everyone! Hopefully they get this done the right way with minimal issues.

Have any of you ever seen issues with a family member trying to get a visiting visa when another family member was denied entry and had their visa revoked? Or do they not tie them together in any way?

[athena_ny 1]

Thanks everyone! Hopefully they get this done the right way with minimal issues.

Have any of you ever seen issues with a family member trying to get a visiting visa when another family member was denied entry and had their visa revoked? Or do they not tie them together in any way?

Not the same exact situation but ... my one SIL has been denied B2s (young and single, I guess) so she hasn't seen her mother in almost 6 years. My other one has never had an issue getting a visa or getting into the country, and her sister's denials had no effect on her admission to the country.

[Bill y Bella 0]

Wow. You guys are tough this morning. The original poster told us as much as he knew and asked for some input. Seems like some of the responses were a little harsh.

As to my observations,

1. The SIL needs to learn real fast to listen to advice from people that know more than she does or she is going to have major problems.
2. I would not hire any lawyer at this point to process the petition. I would however invest some money for a legal consulation or perhaps two in order to determine if there is a problem with the K-1 now or not. The attorney will of course need to know the details that we are currrently lacking.