Heavy Heart

[luvinmb 0]

My heart is heavy with worry. I have previously posted questions regarding my fiances denial at the POE and his tourist visa being taken. The groups advice has always been to be honest and explain our situation at the interview and that previous visa cancellation or POE denial would most likely not effect our K1. My fiance sent me the complete report that the border agent filed regarding his POE denial day. It was two years ago and he was questioned, photographed and fingerprinted. They said that he was visiting too often and after going through his wallet found what they called "evidence" of him having a life here. They found avideo rental card (he was added to his sisters acct.) and a gym pass. They scared him to death by putting him in a room for hours and he admitted in his questioning that he did wrongly do some work while here visiting. On the report it mentions that he provided proof of his residence in mexico, proof of his employment and such, however the agent even questioned if his paystubs from mexico were legit. I think she was just looking to find something wrong. They did several background checks on him which all came back negative on the report. On this report they also put that at the time of his entry he was illegal, that he had not turned in his last I-94. Which is completely wrong. He has never been illegal. He definately should not have done any form of work while on a visitors visa, but he was never illegal. He always turned in his I-94's. To make a long story short, he has never had a single criminal activity and besides this event at the border has nothing on his record with Immigration. We had planned to attach a letter with his visa application to explain this incident in detail, but I am so upset that they will deny him based on this incident. I mean he honestly admitted to working and he was punished with his visa being revoked. He has not applied for any form of visa or attempted to return to the US since this denial at the POE which was 2 years ago. Should we continue on with our plan for the K1 and just provide the thorough explanation??? Surely this one incident can't completely ruin everything. We plan to be completely honest about the whole event. Please provide advice I feel so discouraged and sad.

[arwensun1965 1]

Hey chin up IMHO I do not think the Embassy will deny you or your finance. As you pointed out you are going to be very honest with them which I think is the best course of action. Continue with the K1 and when you get to the Embassy stage which is when they will ask that sort of question then answer as fully as possible your version of events. Good Luck and I know it is not easy but try to stay positive.

Best Wishes and *Hugs*

Janice

[AlmostMex 0]

Was he given a removal order for a set period of time or just denied entry?

[Yodrak 7]

alisa,

Have a consultation with an immigration attorney who specializes in family-based immigration (as opposed to employment-based) to review the full facts of the case.

Yodrak

My heart is heavy with worry. I have previously posted questions regarding my fiances denial at the POE and his tourist visa being taken. The groups advice has always been to be honest and explain our situation at the interview and that previous visa cancellation or POE denial would most likely not effect our K1. My fiance sent me the complete report that the border agent filed regarding his POE denial day. It was two years ago and he was questioned, photographed and fingerprinted. They said that he was visiting too often and after going through his wallet found what they called "evidence" of him having a life here. They found avideo rental card (he was added to his sisters acct.) and a gym pass. They scared him to death by putting him in a room for hours and he admitted in his questioning that he did wrongly do some work while here visiting. On the report it mentions that he provided proof of his residence in mexico, proof of his employment and such, however the agent even questioned if his paystubs from mexico were legit. I think she was just looking to find something wrong. They did several background checks on him which all came back negative on the report. On this report they also put that at the time of his entry he was illegal, that he had not turned in his last I-94. Which is completely wrong. He has never been illegal. He definately should not have done any form of work while on a visitors visa, but he was never illegal. He always turned in his I-94's. To make a long story short, he has never had a single criminal activity and besides this event at the border has nothing on his record with Immigration. We had planned to attach a letter with his visa application to explain this incident in detail, but I am so upset that they will deny him based on this incident. I mean he honestly admitted to working and he was punished with his visa being revoked. He has not applied for any form of visa or attempted to return to the US since this denial at the POE which was 2 years ago. Should we continue on with our plan for the K1 and just provide the thorough explanation??? Surely this one incident can't completely ruin everything. We plan to be completely honest about the whole event. Please provide advice I feel so discouraged and sad.

[AlmostMex 0]

My husband was given a removal order with a 5 year bar on reentry to the US, and we were able to successfully apply and get his K3 visa from Juarez once the ban period had ended. It's almost guaranteed they will ask about the POE denial at the interview, and you can almost be sure your fiance will need to have fingerprints taken. But if the denial at POE is the only thing that comes up matching his fingerprints, I wouldn't worry.

The only comment I would have to make is this... where you say...

He definately should not have done any form of work while on a visitors visa, but he was never illegal.

working while on a tourist visa is illegal. He was legally present in the US, but by working he violated the terms of his tourist visa. I am not saying it to be mean, but because you might not want to stress that point so strongly in your interview as you did in your post, as it seems like you think your fiance didn't do anything wrong. My husband and I when asked said yes he did work for a short period, and we realize now that it was wrong, and obviously we know now, as we have been paying for it by having our life put on hold for the 5 years. The consulate truthfully weren't that concerned with him working without a work visa, they just wanted to make sure that is the only thing he had done, and that he never crossed again during the ban time. I'd say you'd be smart to take proof your fiance was in Mexico the entire time after the POE denial and that he hadn't crossed without inspection once his tourist visa was revoked. We took paystubs for the entire 5 years.... hehe! The consulate will then also prove it via ensuring his fingerprints only show up for the one incident.

Chin up It's very scary imagining what is going to happen and what you're going to have to go through, but the consulate is actually more understanding than you're expecting or worrying about. My husband's interview was more difficult because someone else had used his name when they were caught by INS during the ban period , and we had to go through extra fingerprinting so INS could prove it wasn't my husband. Once the 2nd and 3rd set of fingerprints came back and they saw it wasn't him, his visa was granted. He definately should not have done any form of work while on a visitors visa, but he was never illegal. Very scary moments for a while, but we knew he hadn't ever reentered once being sent back, so we knew the fingerprints would show we were telling the truth.

Make sure you do write up a summary of the incident and include it in your cover letter with the I129F packet. We hired a lawyer who did this for us, and stated the part of the law that showed my husband was eligible to reapply for a visa once the 5 years were up.

If you are still worried about it, you might do a 90 minute consulate with a good immigration lawyer who can review your case and any facets of it you might not have considered, and hopefully ease your mind. It's a way to get an expert opinion without spending a fortune.

Edited April 26, 2006 by InLoveInMexico

[luvinmb 0]

My husband was given a removal order with a 5 year bar on reentry to the US, and we were able to successfully apply and get his K3 visa from Juarez once the ban period had ended. It's almost guaranteed they will ask about the POE denial at the interview, and you can almost be sure your fiance will need to have fingerprints taken. But if the denial at POE is the only thing that comes up matching his fingerprints, I wouldn't worry.

The only comment I would have to make is this... where you say...

He definately should not have done any form of work while on a visitors visa, but he was never illegal.

working while on a tourist visa is illegal. He was legally present in the US, but by working he violated the terms of his tourist visa. I am not saying it to be mean, but because you might not want to stress that point so strongly in your interview as you did in your post, as it seems like you think your fiance didn't do anything wrong. My husband and I when asked said yes he did work for a short period, and we realize now that it was wrong, and obviously we know now, as we have been paying for it by having our life put on hold for the 5 years. The consulate truthfully weren't that concerned with him working without a work visa, they just wanted to make sure that is the only thing he had done, and that he never crossed again during the ban time. I'd say you'd be smart to take proof your fiance was in Mexico the entire time after the POE denial and that he hadn't crossed without inspection once his tourist visa was revoked. We took paystubs for the entire 5 years.... hehe! The consulate will then also prove it via ensuring his fingerprints only show up for the one incident.

Chin up It's very scary imagining what is going to happen and what you're going to have to go through, but the consulate is actually more understanding than you're expecting or worrying about. My husband's interview was more difficult because someone else had used his name when they were caught by INS during the ban period , and we had to go through extra fingerprinting so INS could prove it wasn't my husband. Once the 2nd and 3rd set of fingerprints came back and they saw it wasn't him, his visa was granted. He definately should not have done any form of work while on a visitors visa, but he was never illegal. Very scary moments for a while, but we knew he hadn't ever reentered once being sent back, so we knew the fingerprints would show we were telling the truth.

Make sure you do write up a summary of the incident and include it in your cover letter with the I129F packet. We hired a lawyer who did this for us, and stated the part of the law that showed my husband was eligible to reapply for a visa once the 5 years were up.

If you are still worried about it, you might do a 90 minute consulate with a good immigration lawyer who can review your case and any facets of it you might not have considered, and hopefully ease your mind. It's a way to get an expert opinion without spending a fortune.

How did you know when your husband had the 5 yr. ban or just a denial? My fiance was simply told to reapply for his visa in one year. And after sorting through all of his paperwork, I don't see anything that says a 5 yr. ban has been placed.

[AlmostMex 0]

How did you know when your husband had the 5 yr. ban or just a denial? My fiance was simply told to reapply for his visa in one year. And after sorting through all of his paperwork, I don't see anything that says a 5 yr. ban has been placed.

He was told plus the paper he was given by INS said it. It said Expedited REmoval at the top and stated the clause of law he was being accused of violating- I dont know the form number though.

[ryecatcher25 0]

two words : border run, 11 millions illegals can't be wrong

[kitkat1 5]

How did you know when your husband had the 5 yr. ban or just a denial? My fiance was simply told to reapply for his visa in one year. And after sorting through all of his paperwork, I don't see anything that says a 5 yr. ban has been placed.

He was told plus the paper he was given by INS said it. It said Expedited REmoval at the top and stated the clause of law he was being accused of violating- I dont know the form number though.

Expedited Removal is a procedure that allows a DHS official to summarily remove a non-citizen without a hearing or review by an immigration judge (IJ) or the Board of Immigration Appeals (BIA). At a port of entry, if an INS officer determines that a person “who is arriving in the United States” is inadmissible under INA §§ 212(a)(6)© or 212(a)(7), that is, does not have valid and proper documents to enter the United States, or is attempting entry through fraud or misrepresentation, the officer has the authority to block the person’s entry. The officer can make this determination on the basis of an informal interview. It usually involves a ban on re-entry into the country.

In K1 cases where the non-US citizen has been removed, usually the visa is denied at the interview. Your fiance would then have the opportunity to apply for a waiver to "ask forgiveness". Oddly enough, the way you can overcome the ban is by you, the USC, writing a letter to explain the "extreme hardship" you would face if your fiance was not allowed to be admitted into the country and you therefore would need to relocate permanently to Mexico. So along with the waiver form and the fee, your fiance submits your hardship letter with evidence to support your "arguements". There is then another 4-6 month wait for the processing of the waiver. Assuming your fiance's interview is at Ciudad Juarez, the good news is that the current approval rate there for waivers is around 95%.

Now this is all very overwhelming so keep a few things in mind. This may not at all be the case for your fiance. I would speak with an immigration attorney who is very knowledgable about section 212. I would also recommend that you check out immigrate2us.com which has forums specifically about the 212 process as well as assistance on hardship letters and waivers.

[Kajikit 65]

If your fiance had a ban they would have told him. It sounds to me like you have no need to panic... he hasn't done anything criminal and he hasn't been banned for life or anything... you just have to show your relationship and make sure you have good evidence in case anyone wonders if he's just trying to get back into the US...