Fiance' Turned away

[syntheticstars 0]

on the k-3 visa you applied for it didn't effect it?

[syntheticstars 0]

no there in no stamp in his passport.

[syntheticstars 0]

Sorry if I am being a pest. I couldn't figure out how to edit my post's either. I did a some searching on the internet does anyone know the different between the 212 (a) (7) (A) (i) (I) exclusion ground and the 212(a)(7)(B)(i) exclusion grounds?

[payxibka 10,047]

Immigrants

According to INA §212(a)(7)(A)(i), any immigrant who, at the time of application for admission:

who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations, or whose visa has been issued without compliance with the provisions of the Immigration and Nationality Act, is excludable.

A waiver is available under INA §212(k) where the Attorney General is satisfied that the exclusion was not known to, and could not have been ascertained by the exercise of reasonable diligence by, the immigrant before the time of departure of the vessel or aircraft from the last port outside the United States and outside foreign contiguous territory or, in the case of an immigrant coming from foreign contiguous territory, before the time of the immigrant's application for admission.

Nonimmigrants

Under INA â•–212(a)(7)(B)(i), any nonimmigrant who:

is not in possession of a passport valid for at least six months from the date of expiration of the initial period of the alien's admission or contemplated initial period of stay authorizing the alien to return to the country from which the alien came or to proceed to some other country during such period; or is not in possession of a valid nonimmigrant visa or border crossing identification card at the time of application for admission is excludable.

A general waiver is authorized under INA â•–212(d)(4):

on the basis of unforeseen emergency in an individual case;

on the basis of reciprocity with respect to nationals of foreign contiguous territory or of adjacent islands and residents thereof having common nationality with such nationals (Canadian citizens and landed immigrants of Canada having British commonwealth citizenship are therefore exempt from visa and passport requirements except in the case of K-1 and E-1/E2 nonimmigrant visas); or

in the case of aliens proceeding in immediate and continuous transit through the United States pursuant to landing agreement contracts entered into by common carriers.

A waiver is also authorized for visitors to Guam and certain nationals entering as visitors under the Visa Waiver Pilot Program.

Edited February 28, 2008 by fwaguy

[eau_xplain 2]

Isn't a VWP allowed period of stay = 6 months? If that is so, then the OP's fiance had an overstay of less than 4 months (Dec 27, 2006 to April 14, 2007). As such, the fiance is not yet subject to a 3year ban. However, his overstay means he can no longer avail of the VWP to enter the US.

I don't know what the implications would be on a subsequent K1 or K3 application but a consultation with a good immigration lawyer should be considered.

Edited February 28, 2008 by eau_xplain

[rebeccajo 14]

I don't think this guy needs a waiver either. But he's lost his entry privileges without a visa.

Canadians don't have the VWP, but they can stay six months.

Moving this to waivers for discussion and here's a linkie:

http://64.233.169.104/search?q=cache:qI3Ui...;cd=3&gl=us

Edited February 28, 2008 by rebeccajo

[syntheticstars 0]

Thank you guys so much! We think we are just going to go ahead and do the k-3 visa instead. This means he can still get it without problems right?

[Minya's wife 25]

You may want to do a little research first, whether the K-3 is what you want to choose. There have been some instances in which the K-3 visa petitions have been canceled in favor of the underlying I-130 (which is the petition you file first, and it is the immigrant visa petition). Please look at the guides here, and ask a questions on the K-3 forum. People there may be able to better guide you as to which visa is the most fitting for you.

Good luck,

-P

[rebeccajo 14]

Thank you guys so much! We think we are just going to go ahead and do the k-3 visa instead. This means he can still get it without problems right?

You should take your copies to an immigration attorney for a final opinion. We aren't lawyers - all we do is research. Talk to someone who can tell you for sure.

At that time you can also discuss visa options with your lawyer.

[LadyJane 1]

BTW: Overstay days are cumulative. If you overstay once for 60 days and return, then overstay 121 days on a subsequent visit, the total 181 days will trigger a ban.

I have a question regarding the overstay. Is the 180 days over the course of one calendar year, or over 12 consecutive months? My husband and I have always been conservative in this regard-choosing to look at 12 consecutive months. With multiple visits, it's harder to keep track. But, with one single visit, it is definitely easier!

Good luck to the OP-I'd also recommend seeing a good lawyer.

[john_and_marlene 162]

BTW: Overstay days are cumulative. If you overstay once for 60 days and return, then overstay 121 days on a subsequent visit, the total 181 days will trigger a ban.

I have a question regarding the overstay. Is the 180 days over the course of one calendar year, or over 12 consecutive months? My husband and I have always been conservative in this regard-choosing to look at 12 consecutive months. With multiple visits, it's harder to keep track. But, with one single visit, it is definitely easier!

Overstay days don't expire.

http://www.kwvisalaw.com/individual_faqs.asp

The consequences of visa overstay by even one day are severe. Time spent in the U.S. past the end of your authorized stay is called “unlawful presence.” If you overstay by even a single day, the visa on which you last entered the country is automatically void, and you may not apply for a new visa anywhere except in your home country. If you overstay by 180 days or more, and then depart, you will be barred from returning to the U.S. in any visa status for a period of 3 years. If you overstay by one consecutive year or more, and then depart, you will be barred from returning to the U.S. in any visa status for a period of 10 years. If you overstay on more than one occasion, and have a cumulative total of 365 days or more of “unlawful presence” and then depart, you are permanently barred from ever returning to the U.S.

[emt103c 10]

If he only stayed from July to April then he doesn't have a ban. The first 6 months are "allowed" and the last four months are not enough to invoke the 180 days rule. . .as long as he entered legally.

As for whether to apply for a K-1 or K-3/CR-1, you need to do a little more research about how long each takes in Canada. . .the K-1 appears to be faster and it can be processed at consulates other than Montreal. The I-129F processes at the same speed--basically--as the I-130 but with the I-129F sometimes the appointment is faster. You choose but look up the processing times at your service center first.

As for the I-212, thankfully, they let him withdraw his application instead of giving him an expedited removal. . .things should be fine.

Under NO circumstances should he attempt to cross the border again before he has a visa.

[blueblue 0]

As someone else posted 212a7 has to do with not having a valid visa or passport. I am not well versed on the nuances for Canadian citizens, other than to know they have a bit of a special situation. However, if it is similar to the VWP, having overstayed even one day on a previous entry will require you to obtain an actual visa on any future entries. If you try to enter without one, you will get the 212a7 denial.

The papers he was given show he withdrew his application for entry. It is not a deportation. The fact that he withdrew his entry is what is more important here, not that he didn't go before a judge.

Assuming he had 6 months allowed entry on his 2006 entry, he overstayed by less than 180 days and he would not be subject to any bars. No waiver should be needed for either a K1 or K3. Which ever visa you choose to pursue shouldn't be affected by the events of yesterday, other than if you go the K3 route, you should plan on getting married in Canada, not U.S.

[syntheticstars 0]

thanks guys, I get get a hold of a laywer today, they told me I should be fine on moving on with either the k-1 or k-1 visa's that he is ban from entering until he has a visa, etc.... Any one know how long the k-3 or k-1 takes for Toronto/Colorado? Thanks again guys.

[Krikit 1,165]

thanks guys, I get get a hold of a laywer today, they told me I should be fine on moving on with either the k-1 or k-1 visa's that he is ban from entering until he has a visa, etc.... Any one know how long the k-3 or k-1 takes for Toronto/Colorado? Thanks again guys.

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