Proactive or Pessimistic?

[GiGi27 0]

Question: Should we prepare for I601 prior to interview in Bucharest? Are we being proactive to consider the possibility or pessimistic?

Here's the situation. Met a gentlemen in 2006 while he was visiting his family here in U.S. His aunt was my neighbor and always thought I was friendly, nice, etc etc and wanted me to meet her nephew when he came to visit. We met and were instantly attracted to one another. His initial plan was to visit the U.S. for only 2 month, however, he stayed 6 months for us to get to know each other (but did not stay beyond approved time). Well we kept in touch via phone calls and emails and knew we wanted to be together. Long story short. He attempted to come back to U.S. this past July but was denied entry. He was told that on his original application for a visa in early 2006, he omitted that he visited Italy once and was asked to leave due to overstaying his visa in Italy. He stated to the officer, that yes, he did overstay his visit in Italy (about 6 years ago), but he never was arrested, just asked to leave. Well, we married last month, and just sent off paperwork for K3 visa. We feel so alone in this process. Our families love and support us, but they have no idea what we are going through. My husband is very happy that the process has begun, but I on the other hand expect him to be told at the interview that he will need a waiver. Again, am I being proactive to prepare for this or pessimistic? Should I need one, the option for an attorney to file for us is out of the question right at the moment due to finances. Any advice or support will be appreciated

[Gaby&Talbert 1]

Question: Should we prepare for I601 prior to interview in Bucharest? Are we being proactive to consider the possibility or pessimistic?

Here's the situation. Met a gentlemen in 2006 while he was visiting his family here in U.S. His aunt was my neighbor and always thought I was friendly, nice, etc etc and wanted me to meet her nephew when he came to visit. We met and were instantly attracted to one another. His initial plan was to visit the U.S. for only 2 month, however, he stayed 6 months for us to get to know each other (but did not stay beyond approved time). Well we kept in touch via phone calls and emails and knew we wanted to be together. Long story short. He attempted to come back to U.S. this past July but was denied entry. He was told that on his original application for a visa in early 2006, he omitted that he visited Italy once and was asked to leave due to overstaying his visa in Italy. He stated to the officer, that yes, he did overstay his visit in Italy (about 6 years ago), but he never was arrested, just asked to leave. Well, we married last month, and just sent off paperwork for K3 visa. We feel so alone in this process. Our families love and support us, but they have no idea what we are going through. My husband is very happy that the process has begun, but I on the other hand expect him to be told at the interview that he will need a waiver. Again, am I being proactive to prepare for this or pessimistic? Should I need one, the option for an attorney to file for us is out of the question right at the moment due to finances. Any advice or support will be appreciated

I can't believe an overstay it Italy caused a denied entry in the US but no where have I read in the petitions or posts that it is asked if you have had any issues with immigration with another country. It is my opinion you should not have any problems as long as you are honest.

A lawyer is not needed just follow all the guidelines here.

[emt103c 10]

He should be fine as long as he was only denied entry. If he was given what is called an "Expedited Removal" then he would have to file an I-212, but what you describe sounds like just a denial. The only way to be sure is to inspect the paperwork he was given. Was he told that he was not allowed to return or given a ban? If not, he should not require a waiver.

He was not charged with misrepresentation for the omission, was he?

[GiGi27 0]

He was not given any paperwork from the Border Patrol Officer. We have requested his file under the Freedom of Information Act, but that will take a while. He was told that he would be able to apply again for a visa. But understandably this was an extremely difficult sitatuation for him to be in and there was I'm sure a lot he missed and things he said that I'm sure he doesn't even remember he said. He was planning and prepared to come visit me and was stopped. He does not know how this information was found out. It just was and we are having to deal with it. The one thing I do know is that the omission was unintentional on his application for the visa to the U.S. As he understood the questioning on the application. He thought the question about having ever been arrested was a question regarding his life in Romania. And to that question he stated no. He was told that since he was asked to leave (deported) Italy, that constituted an arrest. We still don't understand. He was not put in jail when he returned to Romania and his passport remained with him. I am not sure whether I will be able to go to Romania if and when he has an interview. If I go I will be prepared to submit the waiver information. I sincerely believe he will eventually be granted admission to the U.S., it may just take a little time.

[Caladan 19]

The first thing you need to do is get his file, but since they told him he could apply for another visa, it sounds like he was just turned back at the POE because they suspected he had immigrant intent (visiting you.) If that's all they've recorded (no misrepresentation), then that will not be a problem when you're getting your K-1 (because the point of the visa is to allow immigrant intent!)

Immigration violations don't count as a crime of moral turpitude, so if there's no misrepresentation, then he should be just fine.

But you need to get your hands on that file, and you might want to run it by a lawyer (a consult shouldn't be too expensive) just to make sure.

[emt103c 10]

Sorry, need to delete this post but can't find button.

Edited November 1, 2007 by emt103c