K1 Visa approved then suspended, help!

[JesseWhite10 0]

Hello all,

I just finished the entire K1 process from petition to final interview. Here is the summary:

10/26/2009

I-129F submitted and received.

5/26/2010

I-129F petition for fiancé approved.

05/26/10-10/26/2010

Case forwarded on to national visa center, and subsequently on to local US Consulate in Managua, Nicaragua.

10/26/2010

Fiancé has interview with US Consulate for issuance of K1 visa. Visa approved and fiancé instructed can pick up documents next Monday, 11/1/2010.

Documents submitted during interview:

I-134, DS-156, DS156K, copy of 2009 tax return, supporting evidence of relationship (photos, receipts, wire transfers, letter on sponsor’s behalf).

10/27/2010

Fiancé receives phone call from US Consulate in Managua requesting document listing all departure dates from Nicaragua.

10/28/2010

Fiancé brings requested document, and after long wait, US Consulate states application is now pending and no longer approved. Consulate states fiancé needs to submit I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal.

We learned that fiancé, while on a B1/B2 Visa, attended high school in Iowa from 2003-2005. On a subsequent flight on the B1/B2 visa, three years later in 2008, fiancé is sent on nice flight back and made to sign a I-275, as a result of attending high school on a B1/B2 visa. Passport stamped with: WD- APPLICATION FOR ADMISSION WITHDRAWN. HOU(officer) 0924 (date) 10/24/08.

Consulate then suspends K-1 visa application and says she needs to fill out and submit a I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. However, her passport, and what she was told my immigration is contrary: WD- APPLICATION FOR ADMISSION WITHDRAWN. HOU(officer)0924 (date) 10/24/08.

My understanding is she wasn't barred the five years because she wasn't deported but voluntarily removed, and therefore should have to fill out the I-212 waiver. If she was deported, then filling out the I-212 waiver would make sense. What I read is local consulate where her original visa was issued should have a copy of the I-212, but they are clueless and stating I-212 is required.

Please, any advice is recommended before visiting an immigration attorney. Thanks!

[Boiler 45,402]

Her B2 was voided when she overstayed.

Sounds like they filed it as a removal.

Maybe a FOI request?

[JesseWhite10 0]

Her B2 was voided when she overstayed.

Sounds like they filed it as a removal.

Maybe a FOI request?

Great, I will move forward with the FOI request. However, would you classify them filing it as removal as something by accident, or something permitted under the law?

Jesse

[JesseWhite10 0]

Great, I will move forward with the FOI request. However, would you classify them filing it as removal as something by accident, or something permitted under the law?

Jesse

Anyone else have any experience dealing with deportation versus APPLICATION FOR ADMISSION WITHDRAWN. My understanding is a removal, regardless of fault or intention, carries a penalty of five years. However, if her passport says application for admission withdrawn, could the embassy be mistaken and filing the waiver is an incorrect request?

[baron555 934]

Why not just submit what they ask for?

Obviously your case is not normal because of this past. That in itself will delay the process and it has. You should have expected this. Just give them what they want.

[NigeriaorBust 4,087]

How long was her original permitted entry when she decided to stay and go to high school. It would be very unusually that the I 94 was for the entire validity of the visa, It sounds like she has an overstay and illegal activity on the visa. I would wander over to immigrate2us.net as they are the best place for visa information for those that require waivers

[Kathryn41 3,205]

The violation also appears to that she attended school on the B-1 visa without going through the proper channels so violated the terms of the B-1 visa: http://montevideo.us...ar/students.htm

Edited November 6, 2010 by Kathryn41

[Brother Hesekiel 2,236]

Problem 1:

Attending High School costs about $12,000 per year. She should pay the State of Iowa what she owes as it would help her case.

Problem 2:

If she or her parents on her behalf, at any point, stated she is a USC in order to even get her enrolled in a public school, she is banned for life for misrepresentation.

Problem 3:

If she stayed in the US while in High School, she triggered a 10-year bar when leaving. This bar is still active. If she traveled in and out on her B1/B2 while in school in order to prevent overstay, she is guilty of misrepresentation when entering the US on the pretense of being a tourist while in fact being enrolled full time in school."

Even though nobody has asked for an I-601 -- yet -- doesn't mean you aren't staring at a huge can of worms which you just began to open.

[JesseWhite10 0]

Why not just submit what they ask for?

Obviously your case is not normal because of this past. That in itself will delay the process and it has. You should have expected this. Just give them what they want.

Thanks for the response, and good question. Processing time for this waiver I-212 is 18 months, and from what I read, has little chance of being approved. As a result, I want to be sure this is something I need to do and not an error on the consulate's fault.

Problem 1:

Attending High School costs about $12,000 per year. She should pay the State of Iowa what she owes as it would help her case.

Problem 2:

If she or her parents on her behalf, at any point, stated she is a USC in order to even get her enrolled in a public school, she is banned for life for misrepresentation.

Problem 3:

If she stayed in the US while in High School, she triggered a 10-year bar when leaving. This bar is still active. If she traveled in and out on her B1/B2 while in school in order to prevent overstay, she is guilty of misrepresentation when entering the US on the pretense of being a tourist while in fact being enrolled full time in school."

Even though nobody has asked for an I-601 -- yet -- doesn't mean you aren't staring at a huge can of worms which you just began to open.

Thanks for your detailed response as well. Everything you note makes sense, and helps point me in the right direction. At this time, I'll speak with an immigration attorney. Thanks everyone.

[Gary and Alla 3,694]

Hello all,

I just finished the entire K1 process from petition to final interview. Here is the summary:

10/26/2009

I-129F submitted and received.

5/26/2010

I-129F petition for fiancé approved.

05/26/10-10/26/2010

Case forwarded on to national visa center, and subsequently on to local US Consulate in Managua, Nicaragua.

10/26/2010

Fiancé has interview with US Consulate for issuance of K1 visa. Visa approved and fiancé instructed can pick up documents next Monday, 11/1/2010.

Documents submitted during interview:

I-134, DS-156, DS156K, copy of 2009 tax return, supporting evidence of relationship (photos, receipts, wire transfers, letter on sponsor’s behalf).

10/27/2010

Fiancé receives phone call from US Consulate in Managua requesting document listing all departure dates from Nicaragua.

10/28/2010

Fiancé brings requested document, and after long wait, US Consulate states application is now pending and no longer approved. Consulate states fiancé needs to submit I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal.

We learned that fiancé, while on a B1/B2 Visa, attended high school in Iowa from 2003-2005. On a subsequent flight on the B1/B2 visa, three years later in 2008, fiancé is sent on nice flight back and made to sign a I-275, as a result of attending high school on a B1/B2 visa. Passport stamped with: WD- APPLICATION FOR ADMISSION WITHDRAWN. HOU(officer) 0924 (date) 10/24/08.

Consulate then suspends K-1 visa application and says she needs to fill out and submit a I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. However, her passport, and what she was told my immigration is contrary: WD- APPLICATION FOR ADMISSION WITHDRAWN. HOU(officer)0924 (date) 10/24/08.

My understanding is she wasn't barred the five years because she wasn't deported but voluntarily removed, and therefore should have to fill out the I-212 waiver. If she was deported, then filling out the I-212 waiver would make sense. What I read is local consulate where her original visa was issued should have a copy of the I-212, but they are clueless and stating I-212 is required.

Please, any advice is recommended before visiting an immigration attorney. Thanks!

She was barred. You have to file the waiver. (I-212) Are there any other surprises? It is best if she prepares you ahead of time.

[Boiler 45,402]

Sounds unlikely that she would have a ban for overstay. 180 days past her 18th.

[JimVaPhuong 4,863]

Sounds unlikely that she would have a ban for overstay. 180 days past her 18th.

Agreed, unless she was attending school as an adult. She can take non-credit courses, no more than 18 hours per week, while visiting on a tourist visa. Attending high school full time is a major no-no.

Voluntary departure is definitely not the same as being deported. She should look through the documents she was given when she was denied entry. An I-867 sworn statement, probably. If there's also an I-860 then she probably received an expedited removal, which comes with a 5 year ban. CBP might have ordered an expedited removal, and had her sign an I-275 for good measure. Or, maybe they screwed up and entered it into the system as an expedited removal. Or maybe the consulate is reading the computer record incorrectly, but that's less likely. If the computer says she was ordered removed then the consulate isn't going to back down without an approved I-212 waiver.