Filing a K-1 Visa for Fiance who was found inadmissible to the U.S. recently

[Michell 3]

I need someone's advice regarding our current situation. My Fiance is a Mexican Citizen and I am a U.S. Citizen.

My now Fiance came to the U.S. on a 3-month work visa in October of 2003. We met during this time. A little prior to the work visa expiring, he was given a B1 Tourist Visa in 2004, valid for 10 years. In April 2004, we became boyfriend/girlfriend. He would go back to Mexico and come visit me a few times until he decided to stay here in Los Angeles with me and my parents. Everytime his 6-month permit would get ready to expire he would leave to Tijuana and renew the permit. He did this for a very long time. From time to time in between the renewals he would go back to his home town to visit family and return back to the U.S. After 6 1/2 years we finally got engaged in November 2010 in Los Angeles. We started our wedding preperations in March 2011. We planned to get married by Civil Court this January 2012 here in Los Angeles. and have the Church wedding in his home town in Mexico on March 24, 2012.

This is when the nightmare started. This past week on November 17, 2011, he was in Tijuana renewing his 6-month tourist visa once again. Well he was asked the purpose of his visit to the U.S. and he responded "to visit my girlfriend". They also found a Business Card from the Ramada Hotel (where he sometimes visits/drops off friends). The immigration officer claims she called the hotel and verified his employement and supposeably they said he works there. COMPLETELY NOT TRUE. He does not work. He's done some small temporary work but here and there in the U.S. but was paid cash. Of course he didn't say this to the immigration officer. Long story short, the immigration officer found my Fiance "inadmissible to the United States pursuant to section 212(a)(7)(A)(i)(I) and removed his B1 Visa. The comments also state that he addmitted living in the U.S. I asked my Fiance if this was true and he said yes because he was tired of them asking the same question over and over and over for 5 hours. He is now in Mexico.

We are both soooo sad we are not with eachother. I am so sad that i need some good advise if i stand a chance in filing a K-1 visa for him or if i go to Mexico and get married by civil and petition him as my husband. Would he be allowed a waiver? or does he even need a waiver? Has anyone been in a similar situation like ours they can share?

I have tons of pictures that show us being together in family gatherings both in the U.S. and in his home town, trips we have taken. I can also prove that we had already booked the reception site in Mexico where our wedding is suppose to take place on March 24, 2012, my wedding dress receipt, church preperations were being done here in Los Angeles per the priest request in Mexico since we weren't in Mexico for it. I have an "Engaged Encounter" retreat certificate we attended lastmonth. I have receipts of the invitation kits i had just purchased and etc....

I have already made an appointment with an immigration lawyer this coming Monday to ask all these same questions but i would like to get some of your opinions. I just can't wait till Monday for some answers.

Thank you.

Michell

[PAK2015 F2B 9]

Hi mr.michle i have read ur post and i 'll tell u about that which i know about laws.look mr.michle if anyone found guilty or waiver in us immigration law then he can't get immigration visa untill the case remove from immigration waiver book..i have suggest u please tell ur grl 4rnd go to mixican immigration department and tell them about her problem and show them nd gve them evidence for prove she z not waiver or found guilty.and if mixican department can't prove shez guilty then mixican departent will sue again us department and mixican department show them that evidence which is from defendent/fiance..and then immigration officer 'll again review his previous decision and he'll reduce the punshment or remove..ur grl 4rnd mus do it whch i suggest u.if she can.and don't worry it'll be done.

Regard naveedahmed

Good luck

[Penguin_ie 5,993]

Hi mr.michle i have read ur post and i 'll tell u about that which i know about laws.

I am not sure what you are talking about, the Mexican immigration department has nothing to do with this? Maybe try typing without txt speak, it'll make you easier to understand.

OP: I am sorry for your situation, but your fiance abused his tourist visa to live in the USA. He will need to file a waiver after the visa interview (K1 fiance or CR-1 spouse).

[Michell 3]

Thank you for your reply. Do you think getting married in Mexico and proceeding with the CR-1 is probably the better way than going thru the K-01 process? Also do you know how long it takes for waiver to be approved and is their an interview for that as well?

I appreciate all your info. I do feel better now after reading your reply. At least i know there's something we can try for. Since this just happend, my nerves are still a wreck.

Thanks

[payxibka 10,045]

on the surface it appears he was simply denied entry into the usa, if so then no waivers etc.. he simply needs the correct visa to return to the usa

I am not sure what you are talking about, the Mexican immigration department has nothing to do with this? Maybe try typing without txt speak, it'll make you easier to understand.

OP: I am sorry for your situation, but your fiance abused his tourist visa to live in the USA. He will need to file a waiver after the visa interview (K1 fiance or CR-1 spouse).

what section of the INA is visa "abuse", and what waiver do you file?

[Penguin_ie 5,993]

what section of the INA is visa "abuse", and what waiver do you file?

Because from what the OP writes, he admitted to immigration that he lived in the USA on his tourist visa, and they think (and may or may not have proof) that he worked in the USA. This is abuse of the B2 tourist visa which only allows visiting, and no work.

You are right though, now that I think about it, I am not sure there is a waiver needed, unless they end up accusing him of material missrepresentation regarding the B2 visa.

[payxibka 10,045]

most important thing is what notes are in the file and did the OP fiancee sign anything and if so what did he sign

[Michell 3]

At the border, they only gave him a form titled "withdrawl of application for admission/consular notification" that he has signed. Where he signed it states:

"I understand that my admissibility is questioned for the above reasons, which i have read or which have been read to me in the spanish language. I request that i be permitted to withdraw my application for admission and return abroad. I understand that my voluntary withdrawl of my application for admission is in lieu of a formal determination concerning my admissibility."

This form has boxes to check from. They only checked 2 boxes.

1. Application for admission withdrawl

2. Visa/BCC Canceled

[Michell 3]

Because from what the OP writes, he admitted to immigration that he lived in the USA on his tourist visa, and they think (and may or may not have proof) that he worked in the USA. This is abuse of the B2 tourist visa which only allows visiting, and no work.

You are right though, now that I think about it, I am not sure there is a waiver needed, unless they end up accusing him of material missrepresentation regarding the B2 visa.

What would be considered material misrepresentation regarding the B2 visa?

[payxibka 10,045]

At the border, they only gave him a form titled "withdrawl of application for admission/consular notification" that he has signed. Where he signed it states:

"I understand that my admissibility is questioned for the above reasons, which i have read or which have been read to me in the spanish language. I request that i be permitted to withdraw my application for admission and return abroad. I understand that my voluntary withdrawl of my application for admission is in lieu of a formal determination concerning my admissibility."

This form has boxes to check from. They only checked 2 boxes.

1. Application for admission withdrawl

2. Visa/BCC Canceled

This is simply a denial of entry. This will not cause an issue for the K-1.

[Michell 3]

This is simply a denial of entry. This will not cause an issue for the K-1.

Thank you! It makes me feel better knowing we have at least a chance.

[Michell 3]

Hello,

I need some opinions please.

My soon to be husband had a tourist visa and it was taken away at the border due to they found reasons to believe he was working in the U.S. after several hours of interogation and insisting, my fiance ADMITTED he was working in the U.S. Because he admitted he was working, will this be a cause for him NOT to be eligible for a waiver? He was found inadmissible to the U.S. pursuant to section 212(a)(7)(A)(i)(I). Since he admitted, is this considered false misrepresentation?

I have already consulted with a lawyer and he said the best option for us is to get married in Mexico and petition as a spouse with a waiver. I think if he wasn't eligible to begin with, the lawyer would have told me. Just wanted to see if anyone had or is in the situation as me and what their experience was.

I will be getting married soon with him in Mexico and soon after i will start the filing process for him.

Thank you!

[Muchasko 0]

Hello everyone,

I was denied entry to the US several months ago because I intended to get married during the 90 days the Visa waiver program allows. They sent me back to Italy.. My faincé filed the petition and it has come through, now I have to do my part recollect all our evidence and forms and eventually do the medical examination and interview. I have also used drugs and intend to answer all the forms questions truthfully.

Have people received the visa under similar circumstances?

This site has been really helpful.

Thanks in advance.

[Penguin_ie 5,993]

The denied entry should not be a problem as you were truthful.

The drug use may be a problem, though there was someone approved for a visa in London I think just recently, drug use in the medical file wasn't even brought up at his interview. A lot will depend on the nature of the drugs, timeframe etc- experimenting with marihuana 10 years ago once is seen a lot differently than regular heroine use until a few months ago, especially if there are convictions regarding drugs too.

[Muchasko 0]

Marjiuana use happened 4 years ago now.. I am 21, almost 22 so I am not old enough to have a nice 10 years ago story..

Thankfully I was very truthful about everything when the USCIS officer asked or 'interviewed' me. Also, I have never been convicted for any crime, I am admitting to something they would otherwise not have any proof for... Basically, I think that if they are reasonable and hear me out things should be alright. I am mainly wondering if they have a too many yes answers in the yes category section and you are out procedure.

Basically I will admit to using illegal substances, and in another form I will have to admit to sharing or trafficking even though it was a 1 night 1 time thing for a 30€ piece of hash. And obviously every single person that has used drugs is also guilty of sharing and dispensing the substances to others.

Thanks for the response penguin_ie