Do I need a waiver?!?

[cervecita 0]

Hello! This is my first topic here and I hope you can help me. Last year they deny my entry to the States because I was going back and for to often.They told me I didn't break any immigration rule and that I could go back just with a K1 or K3 Visa. At the time I was holding a B1 / B2 Visa. they put application withdrawn and then 212(a) on top of it. And then they put me on the first plane back to europe. They fingerprinted me and give me just copy of the interwiev (Record of sworn stateent in Proceedings under section 235(B)(1) of the act and the form name is I867A)

Now me and my fiance are ready to file for K1 or maybe K3 (we'll decide soon)...do I need a waiver or no? Please help me!

Edited July 30, 2008 by cervecita

[Rob & Jin 0]

Hello! This is my first topic here and I hope you can help me. Last year they deny my entry to the States because I was going back and for to often.They told me I didn't break any immigration rule and that I could go back just with a K1 or K3 Visa. At the time I was holding a B1 / B2 Visa. they put application withdrawn and then 212(a) on top of it. And then they put me on the first plane back to europe. They fingerprinted me and give me just copy of the interwiev (Record of sworn stateent in Proceedings under section 235(B)(1) of the act and the form name is I867A)

Now me and my fiance are ready to file for K1 or maybe K3 (we'll decide soon)...do I need a waiver or no? Please help me!

A waiver will be the decision of the interviewing consulate officer. It is not filied with the petition.

[MissStacey 1]

I was denied entry twice and had no problem getting my K3 visa.

When I was asked about it at the interview I said I could not prove enough ties to Canada- he chuckled and said it happens often.

Edited July 30, 2008 by MissStacey

[cervecita 0]

Hello! This is my first topic here and I hope you can help me. Last year they deny my entry to the States because I was going back and for to often.They told me I didn't break any immigration rule and that I could go back just with a K1 or K3 Visa. At the time I was holding a B1 / B2 Visa. they put application withdrawn and then 212(a) on top of it. And then they put me on the first plane back to europe. They fingerprinted me and give me just copy of the interwiev (Record of sworn stateent in Proceedings under section 235(B)(1) of the act and the form name is I867A)

Now me and my fiance are ready to file for K1 or maybe K3 (we'll decide soon)...do I need a waiver or no? Please help me!

A waiver will be the decision of the interviewing consulate officer. It is not filied with the petition.

So you mean that when and if I will get to the interwiev stage then they will tell me that?

In this way don't I risk that they will deny my petition ? I talk with the american basator here in england and he told me that there is no problems for K1 or K3 visa as well. this is so stressfull but thank you for helping me!

I was denied entry twice and had no problem getting my K3 visa.

When I was asked about it at the interview I said I could not prove enough ties to Canada- he chuckled and said it happens often.

Thank you so much for your reply!!!U make my day a happy day=))

Can I ask you what you answer on question 16 on your form I130 ? Does it even apply to a entry denial?? And did you provide the interwiev copy with your I130 form?

Thank u thank u!!!1

Edited July 30, 2008 by cervecita

[MissStacey 1]

Hello! This is my first topic here and I hope you can help me. Last year they deny my entry to the States because I was going back and for to often.They told me I didn't break any immigration rule and that I could go back just with a K1 or K3 Visa. At the time I was holding a B1 / B2 Visa. they put application withdrawn and then 212(a) on top of it. And then they put me on the first plane back to europe. They fingerprinted me and give me just copy of the interwiev (Record of sworn stateent in Proceedings under section 235(B)(1) of the act and the form name is I867A)

Now me and my fiance are ready to file for K1 or maybe K3 (we'll decide soon)...do I need a waiver or no? Please help me!

A waiver will be the decision of the interviewing consulate officer. It is not filied with the petition.

So you mean that when and if I will get to the interwiev stage then they will tell me that?

In this way don't I risk that they will deny my petition ? I talk with the american basator here in england and he told me that there is no problems for K1 or K3 visa as well. this is so stressfull but thank you for helping me!

I was denied entry twice and had no problem getting my K3 visa.

When I was asked about it at the interview I said I could not prove enough ties to Canada- he chuckled and said it happens often.

Thank you so much for your reply!!!U make my day a happy day=))

Can I ask you what you answer on question 16 on your form I130 ?

Thank u thank u!!!1

Our I 130 was filed before I left the US and went to Canada for a visit- at that time we didn't know much about the immigration process and didn't know I would be denied trying to go back.

When we filled out the I 129 to file for a K3- I explained both situations on an extra piece of paper and included it with the application.

[cervecita 0]

Hello! This is my first topic here and I hope you can help me. Last year they deny my entry to the States because I was going back and for to often.They told me I didn't break any immigration rule and that I could go back just with a K1 or K3 Visa. At the time I was holding a B1 / B2 Visa. they put application withdrawn and then 212(a) on top of it. And then they put me on the first plane back to europe. They fingerprinted me and give me just copy of the interwiev (Record of sworn stateent in Proceedings under section 235(B)(1) of the act and the form name is I867A)

Now me and my fiance are ready to file for K1 or maybe K3 (we'll decide soon)...do I need a waiver or no? Please help me!

A waiver will be the decision of the interviewing consulate officer. It is not filied with the petition.

So you mean that when and if I will get to the interwiev stage then they will tell me that?

In this way don't I risk that they will deny my petition ? I talk with the american basator here in england and he told me that there is no problems for K1 or K3 visa as well. this is so stressfull but thank you for helping me!

I was denied entry twice and had no problem getting my K3 visa.

When I was asked about it at the interview I said I could not prove enough ties to Canada- he chuckled and said it happens often.

Thank you so much for your reply!!!U make my day a happy day=))

Can I ask you what you answer on question 16 on your form I130 ?

Thank u thank u!!!1

Our I 130 was filed before I left the US and went to Canada for a visit- at that time we didn't know much about the immigration process and didn't know I would be denied trying to go back.

When we filled out the I 129 to file for a K3- I explained both situations on an extra piece of paper and included it with the application.

Oh ok. I think we will submit the paper with the interview with my petition to be completly honost with them. On the interwiev he officer even ask me if I understand that my bf was either supposed to petition for K! Visa for me or married me here in UK and then apply for K3 Visa so I hope I won't have problems. Thank you again

[Carlawarla 1]

I was denied entry twice and had no problem getting my K3 visa.

When I was asked about it at the interview I said I could not prove enough ties to Canada- he chuckled and said it happens often.

But were you stamped and fingerprinted and things written on your passport MissStacey? A lot of people are denied entry at the border, and are turned away, and they return home, but the OP is saying something about codes in your passport, stamps, fingerprinted? I'd be wanting to know what those codes were actually saying, and if she signed anything.

[MissStacey 1]

I was denied entry twice and had no problem getting my K3 visa.

When I was asked about it at the interview I said I could not prove enough ties to Canada- he chuckled and said it happens often.

But were you stamped and fingerprinted and things written on your passport MissStacey? A lot of people are denied entry at the border, and are turned away, and they return home, but the OP is saying something about codes in your passport, stamps, fingerprinted? I'd be wanting to know what those codes were actually saying, and if she signed anything.

Yes- I went through the whole ordeal. Picture, fingerprints and a stamp in my passport. I kept the papers that I was given- I had them with me at the interview and he had no interest in looking at them.

[cervecita 0]

I was denied entry twice and had no problem getting my K3 visa.

When I was asked about it at the interview I said I could not prove enough ties to Canada- he chuckled and said it happens often.

But were you stamped and fingerprinted and things written on your passport MissStacey? A lot of people are denied entry at the border, and are turned away, and they return home, but the OP is saying something about codes in your passport, stamps, fingerprinted? I'd be wanting to know what those codes were actually saying, and if she signed anything.

who's the OP?Only thing I signed was the interview they made me. Oh and the only code I got on my stamp was 212(a) nothing else

Edited July 30, 2008 by cervecita

[Carlawarla 1]

I'm sorry...OP means Original Poster...which was you! It seems like MissStacey has a similar issue and I'd go with what she advised. I didn't mean to enter the fray with any incorrect information, I just wanted to be sure you hadn't a stamp that said something other than what you may have thought you had.

Best of luck in filing your application!

[cervecita 0]

I'm sorry...OP means Original Poster...which was you! It seems like MissStacey has a similar issue and I'd go with what she advised. I didn't mean to enter the fray with any incorrect information, I just wanted to be sure you hadn't a stamp that said something other than what you may have thought you had.

Best of luck in filing your application!

Thank you for your posts! It's important for me to have different opinion. The only thing I'm 100% sure is that the officer told me straight they WERE NO giving me a ban from the states and that i would not have problem to enter with the right visa...but i guess the waiver is something I never tought about since today...hopefully everything will be good!

Edited July 30, 2008 by cervecita

[*Giuly and Rocky* 0]

I've been reading form I130...at this point I'm wondering if OP shouldn't sign REMOVAL on question 16 or EXCLUSION...I mean..this is really confusing! I mean what is the difference on all these choices they give you?!?

[emt103c 10]

I've been reading form I130...at this point I'm wondering if OP shouldn't sign REMOVAL on question 16 or EXCLUSION...I mean..this is really confusing! I mean what is the difference on all these choices they give you?!?

There are several choices the officer gets to make at the border before denying you entry. He can allow you to withdraw your request for permission to enter, deny you with no penalty, or do a formal deportation (expedited removal.) The first two choices have no penalty (other than that you don't get to enter) the deportation carrys anywhere from a 5 year ban to a permanent ban, depending on the "charges."

All she needs to indicate is that she was denied entry, which comes on the DS-230. As for question #16, she has not been in "Immigration Proceedings" technically, and definitely not any of the checkboxes shown on #16.

[emt103c 10]

Those boxes are for actual deportations. . .and other punitive actions. Excluded/Deported can be at the border, deportation can be an order in absentia or that you attend, judicial proceedings can be whether you win or lose, they still want you to acknowledge it happened. I would have to research "rescission" but it sounds painful.

[*Giuly and Rocky* 0]

Those boxes are for actual deportations. . .and other punitive actions. Excluded/Deported can be at the border, deportation can be an order in absentia or that you attend, judicial proceedings can be whether you win or lose, they still want you to acknowledge it happened. I would have to research "rescission" but it sounds painful.

Oh, ok, I guess she won't have problems then! Happy for her!!!!