Worrying- Please Advise

[luvinmb 0]

Okay. I am starting the worrying game even though I haven't even filed my I-129F yet. I have everything organized and am ready to file.

Previously, I had posted our situation about him being denied entry to the U.S. at the border with his visitor's visa. The border agent simply stated that she felt he was visiting too often and wasn't keeping good ties to Mexico. She took the visa, made a report and told him to reapply in one year. That was a year and a half ago. We have a copy of the report she made and it simply stated the denial at the POE was related to the"ties" thing. I have already got confirmation from the site about simply being honest in my paperwork and that it should be fine. Additionally, I emailed the consulate and got the same advice about being honest and that my fiance can explain in his interview what happened if asked.

My new question is my fiance told me when he first got to the border that day that she first asked him why he didn't turn in his previous 1-94 form. When he told her that he certainly did turn it in, she was like okay. And then switched gears into the "ties" thing. She never made a reference to the I-94 question again. He obviously wouldn't have been attempting to cross into the U.S. with his visa again if he had overstayed his last I-94 and I think she knew that. My question is should we be worried about this I-94 question? Or should we simply stay on the original plan of attaching our explanation and explaining if asked at our interview? Please help, I am a major worrier!!!!!!

[motu 6]

alisa;

All previous visas and denials are immaterial because the intent of K1 is to settle in USA. So, don't worry about the past unless he has overstays or criminal record - everything else - just disclose where appropriate and tell them if and when asked. K1s are meant to get him to USA to settle here permanently previous visas have no bearing. Good Luck

[Ladylethal 12]

What he can do is write to:

U.S. Customs and Border Protection

Air Sea Passenger Operations

Room 5.4D1300 Pennsylvania Ave.

Washington D.C. 20229,

to make an inquiry about his passport status. He needs to send in his name, passport number, date of birth and the date of exit of US. Then they´ll check in the system to see if his exit was registered, or else wehn he goes to the POE wit the K1 visa he could be denied if his name wasn´t in the system as having exited US, thus implyinghe overstayed his last visa.

If the inquiry comes back negative, meaning his name is not in the system as having left US, he would have to send any forgotten I-94 card that he didn´t turn in leaving the country, along with proof that he´s been outside the US since, like bank records that he´s been using the account after the period he left, college frequency sheets, credit card bills with his name on it showing he shopped for stuff in Mexico, as well as the passport with visa and stamps of entering and exiting the US.

Those would have to be send to:

ACS Inc.

1084 South Laurel Rd.

London Kentucky 40744

Hope this helped.

Edited April 24, 2006 by Luis&Laura