K-1 Visa Complications (previous overstay - denial of re-entry - 212(a) etc...

[acks1661 0]

So here's the backstory. My now fiancee and I met in the USA in January of 2010. We began dating an all was well in the world. She decided she was going to petition her tourist visa for an extension, we wanted to travel together around the U.S. The first petition was denied, and she filed for an appeal. The appeal was denied so she knew it was time fer her to go home. While she was waiting the answer from the USCIS, she overstayed her visa by roughly 90 days (less than 180 which incurs the ban.) She decided she would return home and come back to the U.S on good terms to vist me. She waited about a month and tried to fly back. She got all the way to Memphis when the immigration officers realized that she had overstayed her visa. They interviewed her and took her tourist visa, saying she needed to get a new visa in order to come to the U.S. While being questioned, she was accused of working (not true) because she said she watched her nephews on occasion when her sister would go run an errand. They also accused her of taking food, shelter, and a plane ticket as a form of payment. The acqusation is compleltley bogus. She was sent back home. She went to the embassy and asked if she could get another tourist visa, they said she would have to wait a few months before they would give her a new one.

Once I learned she was denied, I asked her if she would marry me, I couldn't stand being apart from her. She accepted. I filed for the K-1 Visa and recieved me NOA1 on OCT 29th 2010, and am currently still waiting on NOA2.

My question is, will the overstay or the acqusation of being a "nanny" deny us from getting our NOA2?

Will we be denied at the interview because of these two incidents? We have more than enough evidence confirming our relationship (I think)

Also, my lawyer had an infopass meeting with the USCIS on Friday. They said that her application had been sent to Memphis (where she was turned back home and accused of being a nanny) and had been returned to the Vermont Center. Can anyone give me some insight on what phase my application is in?

Any veterans have any experience with these "infractions" and a K-1 Visa?

Thank you in advance for your answers.

-Andy

Edited April 16, 2011 by acks1661

[acks1661 0]

So here's the backstory. My now fiancee and I met in the USA in January of 2010. We began dating an all was well in the world. She decided she was going to petition her tourist visa for an extension, we wanted to travel together around the U.S. The first petition was denied, and she filed for an appeal. The appeal was denied so she knew it was time fer her to go home. While she was waiting the answer from the USCIS, she overstayed her visa by roughly 90 days (less than 180 which incurs the ban.) She decided she would return home and come back to the U.S on good terms to vist me. She waited about a month and tried to fly back. She got all the way to Memphis when the immigration officers realized that she had overstayed her visa. They interviewed her and took her tourist visa, saying she needed to get a new visa in order to come to the U.S. While being questioned, she was accused of working (not true) because she said she watched her nephews on occasion when her sister would go run an errand. They also accused her of taking food, shelter, and a plane ticket as a form of payment. The acqusation is compleltley bogus. She was sent back home. She went to the embassy and asked if she could get another tourist visa, they said she would have to wait a few months before they would give her a new one.

Once I learned she was denied, I asked her if she would marry me, I couldn't stand being apart from her. She accepted. I filed for the K-1 Visa and recieved me NOA1 on OCT 29th 2010, and am currently still waiting on NOA2.

My question is, will the overstay or the acqusation of being a "nanny" deny us from getting our NOA2?

Will we be denied at the interview because of these two incidents? We have more than enough evidence confirming our relationship (I think)

Also, my lawyer had an infopass meeting with the USCIS on Friday. They said that her application had been sent to Memphis (where she was turned back home and accused of being a nanny) and had been returned to the Vermont Center. Can anyone give me some insight on what phase my application is in?

Any veterans have any experience with these "infractions" and a K-1 Visa?

Thank you in advance for your answers.

-Andy

Also, the documentation from Memphis, when she was turned back said "Withdrawl of Application for Admission/Consular Notification" - The boxes checked on the document were "Application for Admission Withdrawn" and "Visa/BCC canceled."

[canadian_wife 1,806]

As someone with experience, her denial of entry will not be an issue. She'll need to declare it and be honest about it.

As someone who was also accused of silliness at a POE, as long as she told the truth and continues to tell the truth if asked about it, she will be fine. They can accuse her of anything they want but unless they gave her a misrepresentation charge she'll be ok (was there anything written in her passport?)

She'll have a difficult time obtaining another tourist visa. She has an overstay, a fiance in the US, and obvious ties to the US (perhaps lack of ties to Latvia since she travels to much to the US? What are her ties to Latvia? What shows she MUST return to Lativia?

Good luck

[acks1661 0]

As someone with experience, her denial of entry will not be an issue. She'll need to declare it and be honest about it.

As someone who was also accused of silliness at a POE, as long as she told the truth and continues to tell the truth if asked about it, she will be fine. They can accuse her of anything they want but unless they gave her a misrepresentation charge she'll be ok (was there anything written in her passport?)

She'll have a difficult time obtaining another tourist visa. She has an overstay, a fiance in the US, and obvious ties to the US (perhaps lack of ties to Latvia since she travels to much to the US? What are her ties to Latvia? What shows she MUST return to Lativia?

Good luck

"John Doe, you are inadmissibile to the United States pursuant 212(a) (7) (A) (i) (I) of the Immigration and Nationality Act (INA)> You are being allowed to withdraw your application to the United States under the authority INA 235 (a) (4). John Doe, you are being advised that you will need to obtain a valid U.S Visa if you want to return to visit the U.S. You will be provided with copies of the following forms, I-275, I-877. Do you understand?

A. Yes"

The form I am referenceing is the one that was filled out when she arrived to Memphis. She returned home after the form was filled out.

Form I-831.

[acks1661 0]

"John Doe, you are inadmissibile to the United States pursuant 212(a) (7) (A) (i) (I) of the Immigration and Nationality Act (INA)> You are being allowed to withdraw your application to the United States under the authority INA 235 (a) (4). John Doe, you are being advised that you will need to obtain a valid U.S Visa if you want to return to visit the U.S. You will be provided with copies of the following forms, I-275, I-877. Do you understand?

A. Yes"

The form I am referenceing is the one that was filled out when she arrived to Memphis. She returned home after the form was filled out.

Form I-831.

Maybe I should clarify more. She is currently in Latvia, waiting on our NOA2. She is not trying to get another tourist visa, we are trying to get our K-1 visa.

[shirley2011 0]

Did they file an immigration charge against your fiancee?

[Boiler 44,386]

She got lucky.

The Visa was voided by the prior overstay.

She admitted to working outside of her status.

They allowed her to withdraw her application. They could have deported her.

The chances of another visitor visa are very slim.

How long did she overstay.

[acks1661 0]

She got lucky.

The Visa was voided by the prior overstay.

She admitted to working outside of her status.

They allowed her to withdraw her application. They could have deported her.

The chances of another visitor visa are very slim.

How long did she overstay.

Around 90 days. She never accepted money for anything. They asked her leading questions. Watching your nephews while you sister goes and gets some groceries is not work, nor is it illegal. She never took any money for doing it, she was basically hanging out with her nephews.

Here is the conversation that took place,

Q - "What type of work did you engage in in while you were here for approximately 10 months?"

A - "I didn't work"

Q - "Is it true you watched your sisters children in return for food and a place to stay, including the purchase of your airline tickets"

A - "I guess"

This guy just wanted to be a #######. So in his logic, if she took the trash out for her sister one time, she would have been working illegally. It's B/S.

Edited April 17, 2011 by acks1661

[Boiler 44,386]

That is work, people get paid got child care.

[acks1661 0]

That is work, people get paid got child care.

I would have to disagree; it was obviously a leading question. Where do you draw the line? It is simply ridiculous. So, in your logic, her sister would have to be in the house in order for my fiancée to hang out with her nephews. "Well kids mommy has to walk the dog, Aunt Aiga has to come with me and we have to call a babysitter because it would be considered undocumented work. Also, Aiga, don't make your bed in the morning or clean up after yourself, that would be taking a job away from a housekeeper."

Do you see the ridiculousness of this?

I do appreciate your feedback though. Will this disqualifiy her from getting the interview?

Edited April 17, 2011 by acks1661

[acks1661 0]

Did they file an immigration charge against your fiancee?

No charges were filed against her. She was able to withdraw her petition.

[shirley2011 0]

You can call the senator or congressman's office of your state asking them to request the detail status of your case. Keep us posted.

[CBM 14]

Did your fiance apply for the extension of her B2 BEFORE she was out of status, before her i-94 expired? So... let's say her i-94 expired April 30th... did she apply for the extension before April 30th, and was subsequently denied and denied again on appeal, then ended up staying 90 days past April 30th?

If she applied before her i-94 expired, she should be okay. Even if she didn't, she should be okay. I applied for an extension (I believe it's i-512?) before my i-94 expired, and even though it was denied, there was no problems at my interview. The issue didn't even come up. I was told (by a reputable member of VJ) that I technically overstayed from the time my i-94 expired until I left, even though I was "in status" while my application was being reviewed. Basically, since they denied my extension, the days I was in the country beyond the date on my i-94 was a retroactive overstay. I accumulated about 60 days, which is less than the number of days it takes to incur a ban, so really, it was a non-issue.

As for your fiance's being denied entry... canadian_wife gave good advice. If she was allowed to withdraw her application, then she should be fine. No immigration charges were brought against her.

Good luck to you both!

[acks1661 0]

As someone with experience, her denial of entry will not be an issue. She'll need to declare it and be honest about it.

As someone who was also accused of silliness at a POE, as long as she told the truth and continues to tell the truth if asked about it, she will be fine. They can accuse her of anything they want but unless they gave her a misrepresentation charge she'll be ok (was there anything written in her passport?)

She'll have a difficult time obtaining another tourist visa. She has an overstay, a fiance in the US, and obvious ties to the US (perhaps lack of ties to Latvia since she travels to much to the US? What are her ties to Latvia? What shows she MUST return to Lativia?

Good luck

[acks1661 0]

Did your fiance apply for the extension of her B2 BEFORE she was out of status, before her i-94 expired? So... let's say her i-94 expired April 30th... did she apply for the extension before April 30th, and was subsequently denied and denied again on appeal, then ended up staying 90 days past April 30th?

If she applied before her i-94 expired, she should be okay. Even if she didn't, she should be okay. I applied for an extension (I believe it's i-512?) before my i-94 expired, and even though it was denied, there was no problems at my interview. The issue didn't even come up. I was told (by a reputable member of VJ) that I technically overstayed from the time my i-94 expired until I left, even though I was "in status" while my application was being reviewed. Basically, since they denied my extension, the days I was in the country beyond the date on my i-94 was a retroactive overstay. I accumulated about 60 days, which is less than the number of days it takes to incur a ban, so really, it was a non-issue.

As for your fiance's being denied entry... canadian_wife gave good advice. If she was allowed to withdraw her application, then she should be fine. No immigration charges were brought against her.

Good luck to you both!

That is really good to hear. She applied for the extension before her B2 expired. She wanted to help me move to Washington D.C and see the sites. The only thing that concerns me is on the application of withdrawl. There is no formal charge, just a line that says "unauthorized work as a nanny"

Guess all I can do is wait now :-/