My fiance' was approved for K1 Visa last week in London and then it got weird.

[charleston 0]

First of all I would like to offer my incredible amount of gratitude to the Administrators of this forum and the many intelligent and kind members that have taken the time to offer experience that got us to finish line.

The moneys I've saved from the attorneys because of this entity is huge.

I've never offered anything on here to help because somebody would have already breached that topic.

I'm a dual citizen of England and the US, grew up for the most part in the States. I've had a London girlfriend for many years and we got engaged in March of this year in London.

Up until now our petition and request for the K1 visa has been painless and expedient.

My Fiance in London had her interview at the US Embassy last Thursday and she was told our application was excellent and she was go to the courior to have the passport returned with her travel Visa.

Then another Embassy employee stopped her and took her aside and said "miss, we have a problem here because you have been deported from Houston Texas and you are going to have to get that cleared up with them before we can allow you travel.

Our problem was that about a year and half ago my Fiance' was refused entry because we overstayed her Visa waiver for a few emergency/health situation days.

That's our wrong and I've got the paper in front of me now that states her punishment was to lose the priveledge of Visa waiver but she could travel on a Visa2 or on a K1.

Well she was never deported and they can't call a refusal to enter a deportation because she was never allowed IN to be deported.

My action last week was to get my Congressman who is also a friend to some of my family members to try to straigten it out. I'm hoping and Praying to hear something today or tomorrow from them because if get dragged out too much more this South Texas boy is going to be shivering the Winter away in the Big Smoke of London.

Sorry this was so long and I than all of you tremendously.

-Warren

[SunDrop 59]

Sounds to me as though there are 2 issues. The first is the overstay and the second is the denied entry. You're right that she was never deported, as presumably she left of her own accord from the overstay, but I wouldn't brush away the overstay as a factor to overcome.

I am prone to agree that the denied entry on the VWP shouldn't be the actual stumbling block for her K1, but rather the overstay.

Read up on the law from this approach and see what can be done. You might find you need to apply for a waiver?

Your congressman contact shouldn't be able to circumvent the process for you (although I'm sure in practice this does happen!) but rather can get you some answers as to where to go from here.

Frustrating, I know but at least she was stopped at the Embassy and not upon presenting her K1 at the POE, having packed up her life in Blighty and made concrete wedding arrangements!

[Krikit 1,165]

An overstay of 180 days or more beyond the I-94 expiry date carries a 3 year bar. (One year or more carries a 10 year bar.) Since it was only for a few days you don't have to worry about the bar. Though she should have applied for an extension to her stay for health reasons. Personally, I would escalate the problem within the Embassy. There has got to be some reason why the Officer used the word "Deported". It sounds like they don't fully understand the process. Here is a link to the Customs & Border Protection site if you decide to contact them directly: CBP Contacts

Good luck.

[charleston 0]

That was quick and extremely helpful to me. That focused me in a specific direction and I thank you both I was really rudderless and pretty much looking towards retaining an attorney.

Again this place, Visa Journey, and it's population are spot on good people.

Thank you.

[Otto 83]

That was quick and extremely helpful to me. That focused me in a specific direction and I thank you both I was really rudderless and pretty much looking towards retaining an attorney.

Just to be clear - before you go retaining an attorney - what exactly is the current status of the visa application?

[rebeccajo 14]

The problem came up after your lady handed her passport to the front desk.

That means the problem didn't crop up until then.

I wonder what is written in her passport?

[SunDrop 59]

The problem came up after your lady handed her passport to the front desk.

That means the problem didn't crop up until then.

I wonder what is written in her passport?

I was wondering this too. There's going to be a reference to the grounds for refusal written in somewhere. If you can find this out, we might be able to give you some more concrete direction as to what you may need to do to rectify the situation.

[canadian_wife 1,829]

A denial of entry CAN lead to an expedited removal, which is treated the same as a deportation for the purposes of filing the I-212. and can result in a bar

You certainly need to figure this out presently - hopefully with the help of a good immigration lawyer

Good luck.

[rebeccajo 14]

A denial of entry CAN lead to an expedited removal, which is treated the same as a deportation for the purposes of filing the I-212. and can result in a bar

You certainly need to figure this out presently - hopefully with the help of a good immigration lawyer

Good luck.

Exactly. That's why it matters what is in the passport.

[canadian_wife 1,829]

Exactly! Thanks rebeccajo

Exactly. That's why it matters what is in the passport.

[brlukath 1]

what's written (or not) in her passport is irrelevant. I am sure the embassy has access to US Visit, that is the system that will log her past immigration violations (even if they are minor). It was looking on US Visit that got her denied entry under the VWP before (almost 100% sure). It was looking at US Visit that alerted the embassy to the problem (if they overlooked or de minimized it on your forms).

You should look into a waiver... she should be eligible for a couple.

[rebeccajo 14]

what's written (or not) in her passport is irrelevant. I am sure the embassy has access to US Visit, that is the system that will log her past immigration violations (even if they are minor). It was looking on US Visit that got her denied entry under the VWP before (almost 100% sure). It was looking at US Visit that alerted the embassy to the problem (if they overlooked or de minimized it on your forms).

You should look into a waiver... she should be eligible for a couple.

brlukath -

The passport is where any notations are made by the CBP. Codified notations are very important.

It's possible US Visit is used at consulates (I've found a link below that alludes to such), but any notations in the passport are incredibly important to the alien insofar as knowing what hurdles they may be facing regarding immigration.

http://www.dhs.gov/files/programs/gc_1214422497220.shtm

Edited November 16, 2009 by rebeccajo

[thongd4me 69]

The problem came up after your lady handed her passport to the front desk.

That means the problem didn't crop up until then.

I wonder what is written in her passport?

I was wondering this too. There's going to be a reference to the grounds for refusal written in somewhere. If you can find this out, we might be able to give you some more concrete direction as to what you may need to do to rectify the situation.

POST THE DARNED THING YOU CRETINOUS EEJIT!

"

Love it when women talk dirty

[SunDrop 59]

The problem came up after your lady handed her passport to the front desk.

That means the problem didn't crop up until then.

I wonder what is written in her passport?

I was wondering this too. There's going to be a reference to the grounds for refusal written in somewhere. If you can find this out, we might be able to give you some more concrete direction as to what you may need to do to rectify the situation.

POST THE DARNED THING YOU CRETINOUS EEJIT!

"

Love it when women talk dirty

LOL - Pleased to have been of service That was about as tactful and PG-rated as I could make it

[rebeccajo 14]

Wondering if the OP has anything new to report.

Also moving the thread to Consular Forum.