Do we need a waiver?

[luvinmb 0]

My fiance was denied entry 2 years ago and his Border Crossing Card/B-1 visa taken. They charged him with misrepresentation. But, they allowed him to withdraw his application and did not place any ban on him. in fact they advised him he could reapply for a visa in one year if he wanted (we didn't). We are getting ready to apply for our K-1 visa. He has never been illegal in US and has no criminal record. This single encounter is what will be on his record. I have heard to honestly put in our I-129F all info. relating to this day and to be prepared to answer questions at our interview about it. However, I have heard that we may or may not need a waiver. They did question at the border that day if he had returned his previous I-94, because they did not show in their system he had. Since he did return it, we don't have the actual I-94, but we have paystubs and utility bills to show that he was definately present in Mexico. My question again is his visa was taken, denied entry to U.S., questioned about his I-94 and charged with misrepresentation all two years ago, almost three. Will we most likely need a waiver and if so, I-601 or I-212? I am thinking that I should prepare a I-601 just in case they tell us we need to file a waiver. Just so we already have it ready to go. Please advise. thanks!

[babybunny 2]

My fiance was denied entry 2 years ago and his Border Crossing Card/B-1 visa taken. They charged him with misrepresentation. But, they allowed him to withdraw his application and did not place any ban on him. in fact they advised him he could reapply for a visa in one year if he wanted (we didn't). We are getting ready to apply for our K-1 visa. He has never been illegal in US and has no criminal record. This single encounter is what will be on his record. I have heard to honestly put in our I-129F all info. relating to this day and to be prepared to answer questions at our interview about it. However, I have heard that we may or may not need a waiver. They did question at the border that day if he had returned his previous I-94, because they did not show in their system he had. Since he did return it, we don't have the actual I-94, but we have paystubs and utility bills to show that he was definately present in Mexico. My question again is his visa was taken, denied entry to U.S., questioned about his I-94 and charged with misrepresentation all two years ago, almost three. Will we most likely need a waiver and if so, I-601 or I-212? I am thinking that I should prepare a I-601 just in case they tell us we need to file a waiver. Just so we already have it ready to go. Please advise. thanks!

This is serious. you really need to seek the advise of an immigration attorney.

[Kajikit 65]

If they told him that he would be able to reapply for a visa at a certain time I honestly don't see why he'd need a waiver now... they didn't charge him with anything or officially ban him, did they?

[diadromous mermaid 36]

My fiance was denied entry 2 years ago and his Border Crossing Card/B-1 visa taken. They charged him with misrepresentation. But, they allowed him to withdraw his application and did not place any ban on him. in fact they advised him he could reapply for a visa in one year if he wanted (we didn't). We are getting ready to apply for our K-1 visa. He has never been illegal in US and has no criminal record. This single encounter is what will be on his record. I have heard to honestly put in our I-129F all info. relating to this day and to be prepared to answer questions at our interview about it. However, I have heard that we may or may not need a waiver. They did question at the border that day if he had returned his previous I-94, because they did not show in their system he had. Since he did return it, we don't have the actual I-94, but we have paystubs and utility bills to show that he was definately present in Mexico. My question again is his visa was taken, denied entry to U.S., questioned about his I-94 and charged with misrepresentation all two years ago, almost three. Will we most likely need a waiver and if so, I-601 or I-212? I am thinking that I should prepare a I-601 just in case they tell us we need to file a waiver. Just so we already have it ready to go. Please advise. thanks!

My sense would be that if he withdrew his application, it was offered in lieu of any ban, and therefore he'd not be inadmissible. But I suppose it's always wise to have a quick consult with an immigration attorney to make sure that his recollection of the events is accurate and comprehensive.