After a long battle to acquire the k1 Fiance visa we thought our lives together would finally begin.
Read the entire story and learn from our mistakes not to take the final approval as the beginning to a happy life together as the govt is out to get you even when you do everything right!.
In April of 2016 a young girl was preparing to make a 10,000 mile journey across the globe to finally be united after a long wait to marry her fiancé in the U.S.
She just received her fiancé k1 visa after a 12 month wait. They communicated with each other for a year and a half every single day over Skype. With her newly born excitement she quit her job, gave away some of her possessions and departed for the airport. There was not much to go back to as a new life would begin with the man she fell in love with in the U.S.
Little did she know she would never arrive to her final destination as she would be turned away by the U.S. government Gestapo border squad called the CBP.
Background of the CBP: Customs and Border Protection is the trial, Judge and jury of the U.S. Government policing our vulnerable border entry points.
With more than 60,000 employees, CBP is one of the world's largest law enforcement organizations and is charged with keeping terrorists and their weapons from entering the U.S. borders, while also validating travelers from committing travel fraud. The agency was granted its full power in 1996, when the U.S. Congress with President Clinton gave them the authority to remove any traveler or migrant they see fit from the United States and without the need for a hearing before an immigration judge. In addition to the removal they can also make an arrest.
A criminal fraud statute provides for sanctions to those presenting false information to customs officers, with violators facing a maximum of 2 years imprisonment, or a $5,000 fine, or both, for each violation involving an importation or attempted importation.
With millions passing through our borders it is their job to make sure terrorists, smugglers, & criminals don’t make it into our country.
Our encounter with the CBP is an unfortunate event and not unique as countless others have experienced similar problems that have been reported and many more that have gone unreported by travelers. While traveling to the Philippines in January of 2015 I was lucky to have met the woman I would spend the rest of my life with. Returning home 30 days later, I immediately had her file an application for a tourist visa to come visit me in the U.S. But the process was taking too long and I proposed we marry instead. Within a few weeks I filed for the K1 Fiancé visa. This changed our status from friends to fiancé locking us into a marriage contract built by love. During the long waiting period I had returned 2 more times each visit for 30 days giving us more time to know each other better & develop a stronger relationship. As soon as she arrived at LAX airport the CBP brought her in for interrogation. It was unexpected since she already was meticulously examined and interviewed by the U.S. Embassy in Manila. Later they would hint something in her file made the CBP suspicious about her fiancé entry request. After the basic kindergarten questions a cold female CBP officer asked her if she could recognize a picture of my 1st ex-wife from 25 years ago. She couldn’t answer the question because I didn’t have any pictures of my ex-wife from 25yrs ago and didn’t discuss many details about that relationship. Later I would find out the picture they showed her was not my ex-wife but an unknown woman who was never identified. This made the CBP officer more suspicious and told her your fiancé is still married and living with his prior ex-wife. A fabricated lie from the officer because in reality this divorced ex-wife was not living in the USA and moved to Russia some time ago to live with her family.
But since her mailing address was still registered with the DMV as my mailing address made the CBP officer more suspicious. Then the officer asked if she had a contract to come work for me as a domestic helper. When she told her no, the officer called out loud, “you’re lying”! And continued with her suspicions accusations to say you are coming to the U.S to find a job then divorce or leave your fiancé and bring your daughter here. When the CBP officer heard her state no it’s not true she yelled at her, “you’re a liar”. The overall aggressive behavior started to make this poor naïve girl worry these officers can hurt her, as in her country when the gov’t officials bring you in they can do as they please and a young girl will have no recourse.
After more screaming and accusations to break her down the CBP officer stated you have committed fraud to enter the U.S. on a fiancé visa as we have found you’re arrival here for the intent of employment. As they prepared her paperwork to return her back to the Philippines they placed her in a locked room and prepared her removal paperwork. She would ask if she could call her fiancé, family, or embassy and was denied any communications. In their custody they held her cell phone where they could of observed all the hundreds of pictures of the 2 of us together, and the everyday Skype chats which could of also confirm our marriage bond. But they refused for some reason to see or report the truth. We also made a video of us together during my 2nd visit to the Philippines but this would never have a chance to help the situation.
When they brought her back into the interrogation room it was basically over for her at this point. Now the CBP officers needed to wrap this case up & get their scorecard brightened up, maybe for their next promotion.
The intimidating CBP officer in a threatening manner would tell her I can pick up the phone and put you in jail for 5yrs for lying & committing fraud. But the law actually states it’s a 2 year sentence and not 5. Perhaps the officer forgot to read her manual.
She held a bunch of papers and said if you just want to go home I need you to sign these papers. Without explanation of what these papers were or allowing her anytime to review these papers the poor girl frightened by the officer & fearing she may never see her family again signed the pages blindly to end the torture.
After she signed she realized a big mistake was made when the officer told her you cannot come back to the U.S. for the next 5yrs. To make the matter even worst, signed copies of the officer Sworn Statement and expedited removal forms where never placed inside a small yellow envelope she received from the airline upon landing in her home country. It seemed these papers were deliberately omitted by the officer to further hide her actions and deter any future complaints.
It took over a month for me to finally obtain copies of these documents from the Freedom of Information Act or FOIA which included the questions and answers they wrote on her behalf. She tried to call from Philippines many times to the CBP office at LAX but was never connected to a supervisor to request the copies of the missing papers that we needed to review and understand why they returned her home. When I received the final copy with her initials and signatures I was shocked by the computer typed answers next to each question.
Immediately after her deportation I was devastated by the news and immediately sought legal counsel as I changed my schedule to leave the U.S. and be with her during this tragic time. I searched on-line for answers and guidance where I found contact information for the CBP complaint dept in Washington D.C. When I phoned them I was relieved to speak with someone that was sympathetic to my situation. I was directed to complete certain complaint forms and obtain releases which I did and uploaded all the information to their investigative dept.
There 1st reply to me requested I send them the officers statement which we did not have at the time and were not aware these forms were supposed to be provided. I replied she never received these forms and the CBP complaint dept told me they cannot do any investigation without this form. They also did not believe she was not provided copies of these forms at deportation and suspected her of concealing or lying about the forms. I could not understand how the head dept. of the CBP could not pull up these forms themselves.
It took more than 30 days of persistent attempts to obtain these forms as the CBP refused to release them for unknown reasons. When I finally sent the CBP complaint dept. the obtained forms I felt relieved that action would finally take place. But in fact nothing would happen except lost time in waiting. I was told there was nothing they could do. They had sent my information to the CBP California branch but nothing would ever come of it.
I was praying my hired attorney would be able to get better results from them. But they also ignored his letters and the letters from a local congresswoman as well. Only after about 4 months a response from the CBP was issued. It was a stock template letter that had gibberish in it regarding examples of how to provide economic ties to their place of residence. It stated what ties where, “"Ties" are the various aspects of a person's life that bind him or her to his or her country or residence and are categorized by one's possessions, employment, and social and family relationships.”
This had absolutely nothing to do with our case and was further proof how the CBP did nothing to investigate the complaint and their arresting officer’s abusive actions.
Now let me highlight some of the CBP officer’s action regarding her sworn statement form.
Q. “Did you sign up for the website so you could find an American husband?” A. I signed up to find a husband not specifically and American husband.
Q. Why did Mr. ______ list himself as your friend under your U.S contact on the B1/B2 visa application and not as your boyfriend? A. The application was filed before the Fiance visa petition began. The officer took this as part of her fraud suspicion to assume there was no intimate relationship.
Q. Is it your intention to marry Mr. ____ only to bring your daughter so that you both can live in the u.s. legally?
A: Yes. (The CBP officer interpreted this question as part of the sole purpose of her arrival. Strictly coming for the purpose of bringing her daughter to the U.S.)
Q. Were you coming to the u.s to be a domestic employee for Mr. ____ and his ex-wife, who is living with him at this time?
A. Yes, ma'am. (I freaked when I saw this, but she swore she never gave the Yes answer and it was the CBP officer who falsely wrote her own answer and not the one given)
Q. How much money did Mr. ____ offer you?
A: I don't understand. I will work for him and for myself. (She replied "I don’t understand because she already told her “I am not coming to be a domestic employee. And if I don’t have enough money I can always get a job.” )
Q: Were you going to work for free?
A: No, he was going to pay me but I am not sure how much (My fiancé NEVER said No to this question & never said "he was going to pay me", this statement is UNTRUE! This question was never asked and the answer was fabricated by the officer)
Q: Did he give you details of when he was married and why he divorced his prior wife's?
A: No ma'am.( The officer did not say prior wife, officer said 1st wife from 25 yrs ago which she did not have the information. I assumed this question would further enforce the CBP’s suspicions of a fraudulent relationship)
Before the interrogation began the CBP officer advise her the session will be recorded. But I was never able to obtain this recording and kept calling the complaint dept. asking them to review the recording with her actual given answers. I still do not understand the role of the CBP complaint dept. in Washington. If my complaint was dismissed then what is their purpose or role?
Finally to get rid of my nagging they suggested I file a redress complaint with Homeland security. This is the only real help I received as I quickly learned the Dept. of Homeland Security investigates wrongful entry denial issues.
After filing another complaint and sending them all the forms, notarized statements, and proof we were put on a waiting list for an investigation.
This again is no quick process, after 100 day wait I was told they will start and come to a resolution within the next 30 days.
The CBP is a large enforcement group with many good dedicated officers making sure our country remains protected from the bad people. It’s a shame there are some who do not follow the U.S. laws, procedures, and guidelines as we came into contact with one of their bad apples. It’s a further shame the bureaucracy and incompetence of the CBP to enforce and follow through complaints is discarded into the unknown.
We have waited so long to be together and now precious time we could use is being lost that we will never recover. This has caused an emotional & financial strain on my life with unexpected, legal & travel expenses, loss of work, and loss of health. To date my fiancé is unable to be re-employed after quitting her job. A situation such as this should never have to happen for anyone abiding honestly by the immigration laws.
I would advise everyone to stay away at all costs from CBP officer’s Lorraine Tapia and officer Lau stationed at LAX airport. You should avoid confrontation with them if possible.
Finally after a long 5 month wait I received a response from DHS redress dept. My hopes for a proper investigative resolution were shattered upon the receipt of the letter. This was another boiler plate response with an added paragraph stating the CBP would also send me a letter shortly and the case was closed by DHS without any positive conclusions. Next day the CBP letter came with a paragraph describing the duties of the CBP and a reason why my fiancé had been deported. But all my complaints were ignored and not identified in either letter. I realized dealing with the government and bringing the injustice to the surface was just a waste of time. My complaint was ignored and the officers’ cruel behavior was covered up by the officials. Our future we had planned and waited for so long was destroyed. The only option now was to start a new plan from the beginning and try again, meanwhile losing another 1 to 2 years of waiting while being separated.
Other CBP Complaints:
Lopez-Venegas v. Johnson Deceptive tactics used by Border Patrol agents and ICE officers to convince noncitizens to accept “voluntary return.”
The complaint alleged that Border Patrol agents and ICE officers have a pattern and practice of pressuring undocumented immigrants to sign what amount to their own summary expulsion documents.
FTCA Administrative Complaints against the United States
On various dates in early 2013, four women were apprehended at the United States Texas border by Customs and Border Protection (CBP) agents. CBP agents regularly asked each of the women to sign documents printed in English, which the women could not read and did not understand. Agents threatened that they would be kept in the holding cell until they signed these documents. These agents also referred to them in demeaning ways, including calling them “bitches.”
Leonel Ruiz o/b/o E.R. v. U.S.
E.R., a four-year-old U.S. citizen, was detained by Customs and Border Protection following her arrival at Dulles Airport. E.R. was returning home to New York from a vacation in Guatemala with her grandfather. CBP detained E.R. with her grandfather for the next 20 plus hours, gave her only a cookie and soda during the entire time, and provided her nowhere to nap other than the cold floor. Although CBP officers had the phone number of E.R’s parents, they failed to contact them for nearly 14 hours, and repeatedly refused her grandfather’s requests to be allowed to call them.
If he has been out of the country longer than the ban then I don know why you would need to file the waivers, and there are no exceptions for the waiting period unless its a medical necessity or the other few conditions defined by them on their website.
On june 24th it has been 14months exactly for the 601 and still nothing. the 212 is another 10 more days before it hits the 14month mark. Its so cruel and unfair to be punished like this due to a stupid CBP officer who bullied my wife into making a false statement.
The Nebraska service center is just horrible to delay with. When I call as the husband, us citizen and petitioner, the person who filled out the apps they refuse to relay any information at all due to their BS privacy policy.
We have lost 3years trying to get all this paperworks approved and like so many others are unfortunate to have to deal with this democratic BS.
you are treated like a foreigner and not a citizen with nor respect or care on how difficult it is to be in this situation.
With our president only making matters worse. But what I really can not understand is why they raise the app fees for $500 to $1000 per app and making the process longer and more difficult.
I think the best solution at this point is move to another country where citizens are treated with respect and not just a number!
On june 24th it has been 14months exactly for the 601 and still nothing. the 212 is another 10 more days before it hits the 14month mark. Its so cruel and unfair to be punished like this due to a stupid CBP officer who bullied my wife into making a false statement.
The Nebraska service center is just horrible to delay with. When I call as the husband, us citizen and petitioner, the person who filled out the apps they refuse to relay any information at all due to their BS privacy policy.
We have lost 3years trying to get all this paperworks approved and like so many others are unfortunate to have to deal with this democratic BS.
you are treated like a foreigner and not a citizen with nor respect or care on how difficult it is to be in this situation.
With our president only making matters worse. But what I really can not understand is why they raise the app fees for $500 to $1000 per app and making the process longer and more difficult.
I think the best solution at this point is move to another country where citizens are treated with respect and not just a number!
On june 24th it has been 14months exactly for the 601 and still nothing. the 212 is another 10 more days before it hits the 14month mark. Its so cruel and unfair to be punished like this due to a stupid CBP officer who bullied my wife into making a false statement.
The Nebraska service center is just horrible to delay with. When I call as the husband, us citizen and petitioner, the person who filled out the apps they refuse to relay any information at all due to their BS privacy policy.
We have lost 3years trying to get all this paperworks approved and like so many others are unfortunate to have to deal with this democratic BS.
you are treated like a foreigner and not a citizen with nor respect or care on how difficult it is to be in this situation.
With our president only making matters worse. But what I really can not understand is why they raise the app fees for $500 to $1000 per app and making the process longer and more difficult.
I think the best solution at this point is move to another country where citizens are treated with respect and not just a number!
I submitted my applications for the 129F fiancé visa on March 6, 2015 by express mail to the Texas Service center.
I was under the impression the process would take at most 5 to possibly 6months to wait.
Now its 8 months going on 9 and nothing.
They were very eager to immediately cash my check and recently update their website to include credit card payments.
They are very good at collecting money but to provide any service is not what they are about.
I called several times to the Texas Center, spoke with the manager and got absolutely no results.
The only information I could get out of them is it could take over 9months while their processing time on their website says 8months.
I contacted the Omboudsman office, congress woman, both of my senators, sent emails to the Texas office, filled out the request form for outside processing time about 10 times and received No responses.
It's like we have your money so go f**** yourself and wait till one day we get around to it.
I'm out of options here and not sure if they will ever get to my file.
I wrote the President Obama a letter as well but I doubt it will do any good.
The only option left I think I have is to track down the Directors at USCIS and go to their homes to ask for help.
As I know emails or faxes will never get anywhere...
It's no wonder why so many hate the US government, they seem to be about themselves and the upper classes and on everyone else....
I submitted my applications for the 129F fiancé visa on March 6, 2015 by express mail to the Texas Service center.
I was under the impression the process would take at most 5 to possibly 6months to wait.
Now its 8 months going on 9 and nothing.
They were very eager to immediately cash my check and recently update their website to include credit card payments.
They are very good at collecting money but to provide any service is not what they are about.
I called several times to the Texas Center, spoke with the manager and got absolutely no results.
The only information I could get out of them is it could take over 9months while their processing time on their website says 8months.
I contacted the Omboudsman office, congress woman, both of my senators, sent emails to the Texas office, filled out the request form for outside processing time about 10 times and received No responses.
It's like we have your money so go f**** yourself and wait till one day we get around to it.
I'm out of options here and not sure if they will ever get to my file.
I wrote the President Obama a letter as well but I doubt it will do any good.
The only option left I think I have is to track down the Directors at USCIS and go to their homes to ask for help.
As I know emails or faxes will never get anywhere...
It's no wonder why so many hate the US government, they seem to be about themselves and the upper classes and on everyone else....
snurok got a reaction from Mike E in 8 months waiting for NOA2, then denied K-1 entry (merged)
snurok got a reaction from Jen Chem in I-601 WAIVER UPDATES
snurok got a reaction from Lemonslice in I-601 WAIVER UPDATES
snurok got a reaction from OptimusSpice in I-601 WAIVER UPDATES
snurok got a reaction from QueenComley in 8 months waiting for NOA2, then denied K-1 entry (merged)
snurok got a reaction from EM_Vandaveer in 8 months waiting for NOA2, then denied K-1 entry (merged)
snurok got a reaction from enxhi96 in 8 months waiting for NOA2, then denied K-1 entry (merged)
snurok got a reaction from NH Man in 8 months waiting for NOA2, then denied K-1 entry (merged)