WV entrance Denied

[GiveMeHope 0]

Hello to Everyone,

I am new in this world and I spent the last few days reading a lot of your threads before taking courage of writing about my situation.

I am Italian and I'm a free lance with a collaboration (contractor) with a US company home based, which allows me to work from everywhere and in the low season to travel.

For this reason, I entered under the VW program 1 time (90 days) last year and 1 time (88 days) this year in January, when I've met my boyfriend and we completely fall in love for each others.

We wanted to stay together again in September also to talk face to face how we could continue our history, so as it was easier for me to move, I tried to enter for my third time last week but my entrance has been denied at the immigration check in the airport.

At the second inspection - they found evidence of this company and they thought that I was trying to enter for working: during the interview I explained them my purposes, without mention my boyfriend though, and they send me back with the first flight - without any red flag luckily (maybe in some list now?)

Now, the US attorney that he went for a consultation suggested him to come here in Italy, marry me and start to process to allow us to stay together, but I fear that what has happened will interfere with it and I was wondering if the k1 visa would be another option.

I would like to know what do you think about the situation: I am still very shocked from the treatment I received but I want to stay positive: I don't remember the last time I fell in love so deeply and despite I would never repeat another experience like this I want to fight for this feeling.

Thanks a lot for all your input and experience you will send me: I will really appreciate them and it will help to overcome this hard moment for me.

Ciao!

[canadian_wife 1,827]

If it was a simple denial of entry, nothing stamped in your passport, then it won't have an effect on any immigration

I was denied entry to the US twice and they asked me about it in the interview, she made a joke, we had a good laugh and moved on with the interview.

good luck

[Penguin_ie 5,996]

I agree with Canadian Wife- if you didn;t sign anything and nothing was written in your passport, you will be fine.

Incidentally, in terms of getting a visa to live there (K12 fiance or CR-1 spousal visa), the same rules apply. Many people recommend the spousal visa because it is cheaper, and you can travel and work immediately. But the K1 is a bit faster.

[GiveMeHope 0]

Thanks a lot Canadian_Wife and Penguin_ie!

I did sign the record of Sworn Statement Administrative Proocedings I-877 which was the interview they made me after the 3 hours custody and before taking the flight back to home.

In one of the question it states:

" you are inadmissible under section 212 (a) (7) (A) (i) (I) of the INA; a immigrant not in possession of a valid, unexpired immigrant visa, because you had been living and working the United States without proper authorization" and again " You are no longer eligible to use the Visa Waiver Program and you will be required to obtain a valid US visa from a US consulate"

As far as I understood, with VW program I could enter also for business, but the US company told me only after what I should have said, and my concern now is that there are some records or dossier that will give me problems with my future choices of K1 or CR-1 visa. Should I ask the attorney to check it?

The fact that they don't stamp anything in my passport is a good sign, I know, but I wonder how long I should wait to apply for one of them and how long it will take to get a CR-1 visa? and a k1?

Thanks again, you are helping a lot!

Ciao

[Brother Hesekiel 2,236]

You are not barred from any entry with a valid visa. You can go the K-1 or the CR-1 visa route. Basically, it's just a matter of basic math. Calculate all the cost but don't forget the cost of your fiance to fly to Italy to get married to you.

Choose what makes the most sense to you.

[GlobeHopperMama 95]

Yup, what happened to you was common and doesn't bar you from an immigrant visas, although it could complicate any non-immigrant visa you attempt to seek, so stick with the spouse or fiance visa, whichever is best for your circumstances. This link has a lot of guides to help you figure out which (spouse or fiance) is best for you to pursue. Just keep in mind that although that link mentions K3 visas, they're pretty much obsolete, so don't bother researching that path, just CR1 and K1.

http://www.visajourney.com/content/guides

[GiveMeHope 0]

Yup, what happened to you was common and doesn't bar you from an immigrant visas, although it could complicate any non-immigrant visa you attempt to seek, so stick with the spouse or fiance visa, whichever is best for your circumstances. This link has a lot of guides to help you figure out which (spouse or fiance) is best for you to pursue. Just keep in mind that although that link mentions K3 visas, they're pretty much obsolete, so don't bother researching that path, just CR1 and K1.

http://www.visajourney.com/content/guides

Thank you both and we will discuss the best process for us.

Last question: we are thinking to meet somewhere now and if I was wondering if we decide to apply for a one of them should we stay and wait in the respective country for the whole process?

[Penguin_ie 5,996]

No, you can go to the interview anywhere where you have legal residency, be that your country of citizenship or somewhere else.

[jaycali 415]

As far as I understood, with VW program I could enter also for business, but the US company told me only after what I should have said, and my concern now is that there are some records or dossier that will give me problems with my future choices of K1 or CR-1 visa. Should I ask the attorney to check it?The fact that they don't stamp anything in my passport is a good sign, I know, but I wonder how long I should wait to apply for one of them and how long it will take to get a CR-1 visa? and a k1?Thanks again, you are helping a lot!Ciao

1. Yes, you can use the VWP for business trips. In this context, "business" refers to business meetings, conferences, company trips etc., not paid work.

2. A denial for "immigrant intent" has no bearing when applying for an immigrant visa - You're expected to have immigrant intent when applying for an immigrant visa.

3a. You can file I-129f (for K-1 visa) the moment he pops the question. Although I would recommend doing other things in that particular moment, and file the next day instead.

3b. You can file I-130 (for CR-1 visa) the moment you are legally married and in possession of your official marriage certificate.

Pros and cons of K-1:

+ Takes about a month less than CR-1.

+ You'll have more time to plan your wedding.

+ Seeing as how you're not married yet, you'll be able to start the process sooner.

+ You don't have to deal with NVC incompetence to the same extent as for CR-1 (see my signature).

- It'll cost roughly $1,500 plus 3 - 6 months of lost income.

- You have to file adjustment of status before you can start working.

- You won't have a green card until about 6 months after you get married.

Pros and cons of CR-1:

+ You'll have a green card immediately upon arrival in the US.

+ Costs about $500 less than K-1, plus you can work from day one.

+ You will not have to file adjustment of status once in the US.

- Takes about a month longer than K-1.

- You cannot file until you are legally married and in possession of a marriage certificate.

- You have to deal with the NVC a lot more than if you go for K-1.

Edited October 5, 2012 by jaejayC

[Kathryn41 3,205]

1. Yes, you can use the VWP for business trips. In this context, "business" refers to business meetings, conferences, company trips etc., not paid work.

Except you have been told that you are no longer eligible to use the VW program so if you have a business reason to be in the US you will have to apply for the appropriate non-immigrant visa (B-1 Temporary Business Visitor) from the US Consulate.

The two of you can continue to meet up together either in Italy or perhaps a third country where the two of you might like to vacation and to where you can both gain access.

[jaycali 415]

1. Yes, you can use the VWP for business trips. In this context, "business" refers to business meetings, conferences, company trips etc., not paid work.

Except you have been told that you are no longer eligible to use the VW program so if you have a business reason to be in the US you will have to apply for the appropriate non-immigrant visa (B-1 Temporary Business Visitor) from the US Consulate.The two of you can continue to meet up together either in Italy or perhaps a third country where the two of you might like to vacation and to where you can both gain access.

Exactly. My answer was in regards to general use of the VWP. In the OP's case this is irrelevant as she is no longer eligible for the VWP.

Edited October 5, 2012 by jaejayC

[GiveMeHope 0]

1. Yes, you can use the VWP for business trips. In this context, "business" refers to business meetings, conferences, company trips etc., not paid work.

2. A denial for "immigrant intent" has no bearing when applying for an immigrant visa - You're expected to have immigrant intent when applying for an immigrant visa.

3a. You can file I-129f (for K-1 visa) the moment he pops the question. Although I would recommend doing other things in that particular moment, and file the next day instead.

Thanks a lot JaejayC!

I really appreciate your intervention but I don't have clear the third point.

What do you mean with doing other things? Should I stop working with this company? I am actually working from Italy, and get paid here where I have my fiscal position...

Please explain better,

THANKS AGAIN!!

[GiveMeHope 0]

Reading again your answers I am more confused now.. sorry about that..

I am thinking to meet my boyfriend here in Italy and in a third country but I fear that in the future the fact that I am working for an American company, even from Italy will be a problem to apply for a immigrant visa.

What are your ideas?

Thanks

[jaycali 415]

Thanks a lot JaejayC!I really appreciate your intervention but I don't have clear the third point.What do you mean with doing other things?

Well, the last thing I would have wanted my wife to do when I proposed is immediately start filling out paperwork

Reading again your answers I am more confused now.. sorry about that..I am thinking to meet my boyfriend here in Italy and in a third country but I fear that in the future the fact that I am working for an American company, even from Italy will be a problem to apply for a immigrant visa.What are your ideas?Thanks

Don't worry. McDonald's is an American company. You do not get in trouble for working at McDonald's in Italy.

There is a very big difference between working for an American company in Italy, and working for an American company in the US. Just like you would need a work permit in the US to sell Fiats in New York, an American would need an Italian work permit to work for a McDonald's in Rome.

Your income from this American company is Italian based right? You work in Italy and get paid in Euros, no? If that's the case, you're working in Italy, not the US. Period.

Edited October 11, 2012 by jaejayC

[GiveMeHope 0]

Well, the last thing I would have wanted my wife to do when I proposed is immediately start filling out paperwork

Don't worry. McDonald's is an American company. You do not get in trouble for working at McDonald's in Italy.

There is a very big difference between working for an American company in Italy, and working for an American company in the US. Just like you would need a work permit in the US to sell Fiats in New York, an American would need an Italian work permit to work for a McDonald's in Rome.

Your income from this American company is Italian based right? You work in Italy and get paid in Euros, no? If that's the case, you're working in Italy, not the US. Period.

That's clear enough Jae... Sorry if I seem a bit dull... this story dove me almost crazy.

THANKS a lot!!