Waiver form required with K1 app after removal with 8 CFR 217.4(A)(1)

[robbarb 0]

Can anyone instruct me as to what waiver form is required after a removal (refusal of entry) and having had the following notation in fiances passport ( 8 CFR 217.4 (A)(1) )along with a sworn affidvit I-877? I found at one site a form I-212 but it said nothing for this type of removal/refusal.

[Harpa Timsah 13,258]

That seems to be a refusal on the Visa Waiver Program because said person was not eligible for VWP.

http://law.justia.com/cfr/title08/8-1.0.1.2.21.html

What did the person "admit to" on the I-877? Did they lie at POE?

I also see here:

"(3) Refusal of admission under paragraph (a)(1) of this section shall not constitute removal for purposes of the Act."

Edited May 16, 2011 by Harpa Timsah

[robbarb 0]

That seems to be a refusal on the Visa Waiver Program because said person was not eligible for VWP.

http://law.justia.com/cfr/title08/8-1.0.1.2.21.html

What did the person "admit to" on the I-877? Did they lie at POE?

I also see here:

"(3) Refusal of admission under paragraph (a)(1) of this section shall not constitute removal for purposes of the Act."

[robbarb 0]

yes it was a refusal under the Visa Waiver Program. My fiance came to be with me in Oct after I had a major surgery for cancer, he was here using VWP for 28 days; then returned to UK because he lost his job of 26 years but returned to me on a 2nd visit to further assist in my recovery...the 2nd trip was to have been 40 days but I was re-hospitalized so he stayed on for 87 days...he was to return on a 3rd visit as I returned to work and of course he was laid of his job. CBP agents recognized him from previous visits and even asked how we were coping (in the beginning very friendly like)...then the agent asked my fiance if we were going to get married and he said yes, the agent asked if he would be changing status and applying for a green card and my fiance said yes. At that point Mr Friendly became aggressive , rude, and threatning, in the end 3 agents interrogated him and sent him back in their words "to where you belong", imagine that!!! A 56 year old proper english man treated like a criminal ... for coming to the US to assist his fiance who just recovered from cancer surgery! They told him he was abusing the VWP. Two different attornys have stated we need a waiver but I can't seem to figure out which one, that is....what is the form number?

[Harpa Timsah 13,258]

Okay, so he was refused because he stated he had immigrant intent on a non-immigrant visa waiver program, not because he is ineligible to use it. Other members have had this happen to them (often canadians because they cross so often) and is generally said to be a non-issue once you apply for a proper immigrant visa. I am not sure why this would be any different, but I know when I am getting out of my depth. Hopefully now that the story is cleared up (unless something is missing from the summary) then other members can help you more. Good luck.

Edit: IF a waiver is needed, then it would be submitted when he has his interview, not before. You can petition him right away.

Edited May 16, 2011 by Harpa Timsah

[robbarb 0]

Okay, so he was refused because he stated he had immigrant intent on a non-immigrant visa waiver program, not because he is ineligible to use it. Other members have had this happen to them (often canadians because they cross so often) and is generally said to be a non-issue once you apply for a proper immigrant visa. I am not sure why this would be any different, but I know when I am getting out of my depth. Hopefully now that the story is cleared up (unless something is missing from the summary) then other members can help you more. Good luck.

Edit: IF a waiver is needed, then it would be submitted when he has his interview, not before. You can petition him right away.

[robbarb 0]

Yes, I believe others that I have spoken to, including attorny's have concluded it appears the refusal was based on "immigrant intent". I have read in other sites that a person was refused a visa due to not having a waiver after a similar scenario (refusal of entry). I am gathering all the required documentation for the K1 and hope to be ready to file July 1!!! I just need to know if I need this waiver and what waiver it is. It's useless to phone USCIS, too many options on their caller menu and none that is even close to what I'm asking, additionally it's nearly impossible to get a "live" human being!

[Deputy Purple 1,294]

This was a refusal of admission due to admitted immigrant intent.

First CBP did the right thing in turning him away.

Second, he now needs a Visa to enter the US since he has been refused entry he can't use VWP (correct me if I misunderstand).

Third, he hasn't been deemed as inadmissable but he has admitted to having immigrant intent so his chances of getting a Non-Immigrant Visa are slim to none.

I don't see wy there would be any waiver required for him to receive a K-1.

[TracyTN 237]

I agree with Bob 4 Anna.

[robbarb 0]

This was a refusal of admission due to admitted immigrant intent.

First CBP did the right thing in turning him away.

Second, he now needs a Visa to enter the US since he has been refused entry he can't use VWP (correct me if I misunderstand).

Third, he hasn't been deemed as inadmissable but he has admitted to having immigrant intent so his chances of getting a Non-Immigrant Visa are slim to none.

I don't see wy there would be any waiver required for him to receive a K-1.