Can I receive a K1 visa?

[DaveRNR 0]

"You are inadmissible to the United States today citing 212 (a) (7) (A) (i) (I) of the INA as amended because you are an indented immigrant not in possession of a valid United States immigrant visa. You will be refused admission under the visa waiver program. You have provided inconsistent and misinformation about your travel to the United States and you stated that you intended to prep or circumvent the inspection process with false and misinformation in an attempt to gain admission to the United States. You also misrepresented your relationship to your fiancé. I have made a determination that you are inadmissible to the United States. You will no longer be able to use the Visa Waiver Program. For all future travel to the United States you will need to be in possession of a valid visa."

Quoted from my sworn statement regarding my removal from Detroit in September. I made mistakes. A lot of emotions came together to form a couple of bad decisions that are completely out of character. I don't have any complaints about what happened.

I will say this. I did NOT enter the United States with the intention of immigrating. It was just a visit. Albeit a long one. But they deemed me a potential immigrant and I guess there's nothing I can do but respect their decision. I'd also like to point out that I've broken no laws.

So based on the information above, would they grant me a K1? We are both confident that we have everything we need to apply and provide information. It would just suck to travel to London just to be told after months of waiting that you can't have a Visa because you made a couple of very silly mistakes.

I'd love some input on this guys. Any help would be greatly appreciated.

Dave & Linsey.

[LionessDeon 2,060]

Did they say you could file a waiver? Did they give you any forms marked "waiver eligibile".

Edited November 25, 2015 by LionessDeon

[baron555 934]

For all future travel to the United States you will need to be in possession of a valid visa."

Yes, a K-1 visa would be a valid visa.

So based on the information above, would they grant me a K1?

Most likely, For most folks, previous entry denials did not affect their K-1 process.

We are both confident that we have everything we need to apply and provide information. It would just suck to travel to London just to be told after months of waiting that you can't have a Visa because you made a couple of very silly mistakes.

Make sure you give full disclosure about this event. They will see it in their system. No waiver is required.

[Mike-eeh and Odie 192]

... I'd also like to point out that I've broken no laws...

Sans misrepresentation.

That said, while they did say you may only enter with a valid visa, obtaining said visa may be a different story with an admitted misrepresentation under your belt. Misrepresentation carries a minimum 10 year ban, and in some cases a perma-ban. You may want to consult an attorney to see if it's worth applying before paying any application fees.

Edited November 25, 2015 by Mike-eeh and Odie

[Darnell 8,478]

Not filed the i-129f yet? Great! Practice writing up letters of attestation about your events, then when the two of you feel comfortable with the wording in the letters of attestation, include it with the i-129f.

[DaveRNR 0]

Nope LionessDeon, I did not.

And the "misrepresentation" was me initially referring to my Fiancée Linsey as my girlfriend. Half because we weren't public with our engagement. Half because I wasn't thinking straight and was a bit of an idiot. Had I continued lying through the questioning, they'd have got me with *real* misrepresentation, which is a crime of moral turpitude and I believe carries a travel ban to the U.S, which I didn't recieve.

Thanks for the advice Darnell.

[Pennycat 880]

"You are inadmissible to the United States today citing 212 (a) (7) (A) (i) (I) of the INA as amended because you are an indented immigrant not in possession of a valid United States immigrant visa. You will be refused admission under the visa waiver program. You have provided inconsistent and misinformation about your travel to the United States and you stated that you intended to prep or circumvent the inspection process with false and misinformation in an attempt to gain admission to the United States. You also misrepresented your relationship to your fiancé. I have made a determination that you are inadmissible to the United States. You will no longer be able to use the Visa Waiver Program. For all future travel to the United States you will need to be in possession of a valid visa."

Quoted from my sworn statement regarding my removal from Detroit in September. I made mistakes. A lot of emotions came together to form a couple of bad decisions that are completely out of character. I don't have any complaints about what happened.

I will say this. I did NOT enter the United States with the intention of immigrating. It was just a visit. Albeit a long one. But they deemed me a potential immigrant and I guess there's nothing I can do but respect their decision. I'd also like to point out that I've broken no laws.

So based on the information above, would they grant me a K1? We are both confident that we have everything we need to apply and provide information. It would just suck to travel to London just to be told after months of waiting that you can't have a Visa because you made a couple of very silly mistakes.

I'd love some input on this guys. Any help would be greatly appreciated.

Dave & Linsey.

That's the part I'd find particularly worrying. What are they referring to? How long did you overstay and were you deported? That could make a difference in terms of waivers etc.

There are many many people who can't get a visa because of past "mistakes", and it does suck but that's what happens. Ignorance of the law doesn't give a pass for breaking it, and US immigration laws are fairly strict.

[DaveRNR 0]

I've never overstayed. And I was placed in removal proceedings. I wasn't physically deported, which again, carries a travel ban.

The code 212 (a) (7) (A) (i) (I) basically means I was found to be an intended immigrant without a valid visa. That's about it. Any fraud or misrepresentation charges would have fallen under a different code, carried travel bans as well as stamps in my passport.

[DaveRNR 0]

What you've highlighted is referencing a discussion I had with a friend, regarding what my chances are of being turned away and what I can do to lower them. Again, nothing illegal or fraudulent. But I guess they don't take too kindly to people actively trying to LOOK admissible when they doubt they are.

Note it also says "intended". I didn't actually go through with anything me and my friend discussed. But the conversation didn't do me any favours.

Edited November 25, 2015 by DaveRNR

[Pennycat 880]

What you've highlighted is referencing a discussion I had with a friend, regarding what my chances are of being turned away and what I can do to lower them. Again, nothing illegal or fraudulent. But I guess they don't take too kindly to people actively trying to LOOK admissible when they doubt they are.

Note it also says "intended". I didn't actually go through with anything me and my friend discussed. But the conversation didn't do me any favours.

Yikes how did they know about that? They somehow found out that you were planning to lie (or whatever) but you didn't lie?

And so, wait... you were coming into Detroit and were turned away at the airport? On VWP? And you were already concerned about being inadmissible? And you say that you were planning a long visit-- how long is long? I'm seriously confused here and depending on the nature of this (it sounds like misrepresentation which would likely mean a ban. Bans can be overcome with waivers but that is a completely separate process. You have to wait to be denied first).

[DaveRNR 0]

I showed the officer the messages. I never planned on lying. That in itself is conspiracy to commit fraud, lifetime ban and criminal charges I'd suspect.

And if I was banned, the forms I left with would have said so. As would a stamp on my passport. The officer did say I could "go home and apply for a visa tomorrow, just you'll have to bring that oath form with you."

Edited November 25, 2015 by DaveRNR

[DaveRNR 0]

I'm extremely confident that if I get to the London embassy, I'll get the visa. Just on the statistics alone. Over 35,000 K1 applications last year and they denied 618 of them worldwide. Of which 500 were then overcome with waivers. I'm just looking for more info. But I do appreciate everyone weighing in, thank you!

Info courtesy of the Travel.Gov website. All kinds of statistics on there. I'd suggest people check it out if numbers put their minds at ease.

Edited November 25, 2015 by DaveRNR

[Pennycat 880]

I'm extremely confident that if I get to the London embassy, I'll get the visa. Just on the statistics alone. Over 35,000 K1 applications last year and they denied 618 of them worldwide. Of which 500 were then overcome with waivers. I'm just looking for more info. But I do appreciate everyone weighing in, thank you!

Info courtesy of the Travel.Gov website. All kinds of statistics on there. I'd suggest people check it out if numbers put their minds at ease.

That's good to hear so... why the question here then?

[DaveRNR 0]

That's good to hear so... why the question here then?

Same reason I got into this mess in the first place, no peace of mind! Lol

[Lowlie 191]

I'm extremely confident that if I get to the London embassy, I'll get the visa. Just on the statistics alone.............

Based on your extreme confidence, my advise is to go ahead and apply. The worst thing that can happen is a denial. Better to try than to always wonder what the outcome may have been. Best of luck!