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Filed: Timeline
Posted (edited)

Hello,

First i'd like to thank you for having this site, i have found this site very informative and members helpful.

I am a USC who arrived at POE in MSP yesterday with my GF who has a B2 10yr multiple entry visa. My GF has prior visits in the US starting at 2003 for 1 to 2 months at a time with 3-4 years gap between travels with her son. We have been dating since 2006 and she never had any problems getting in and out of the US until yesterday. Our purpose of her travelling here to the US is to obtain a divorce in Nevada because there is no such thing in our country (Philippines) only annulment which takes eons to process (her case is still pending since 2006). So we got advise from a immigration lawyer to try and get a divorce in Nevada instead since it is a lot faster so we can go ahead and apply for K fiancee visa after the divorce. I told my GF to just say we are travelling as friends. As we get to the gate immigration officers took her in for secondary questioning and deemed her inadmissible. They kept asking us if she had any intentions of staying here in the US which we denied since she has an annulment case pending. We did deny at first that we we're a couple (a grave error in our part) but came clean at the end. This is what the letter said "You have been found inadmissible to the US pusuant to section 212(a)(7)(a)(i)(I) of the INA and have been allowed to withdraw your application for admission in lieu of formal removal proceedings." and they made her sign this "I understand that my admissability is questioned for the above reasons, which I have read or which have been read to me in the English language. I request that I be permitted to withdraw my application for admission and return abroad.I understand that may voluntary withdrawal of my application for admission is in lieu of a formal determination concerning my admissibility:

by an immigration officer (checked)

in removal proceedings before an immigration judge (unchecked)"

She was then returned back to the Philippines and her Visa cancelled with 212(a)(7)(a)(i)(I) stamp. They did not even let me say goodbye to her :(

I did manage to speak to a supervisor and i asked if she could re apply for another visa and he said yes and he did mention that this is a common situation. He also advise to be honest and forthcoming next time around. I did forget to ask him if she was eligible to re apply for another B2 visa since it is the fastest. Will this incident affect her for re applying for another B2 visa? Do we need some kind of waiver to lift this inadmissible status? Also will this affect her status down the road when we apply for a K fiancee visa? and if she does get another visa, will we have a similar problem at POE? I just wanted her and her son to come visit the US regularly like before while we wait for status of annulment or at least start a divorce process in Nevada.

Please help and thank you in advance.

Edited by z2bacardi
Filed: Citizen (apr) Country: Australia
Timeline
Posted

How is she passing the residency requirements to file for a divorce in Nevada? There's no jurisdiction.

She would also STILL be married in PI and not legally able to marry you and pursue an immigration visa from PI until the divorce is final.

Filed: Country: Vietnam (no flag)
Timeline
Posted

Sorry about your situation.

Unfortunately, your fiancee will need to file for an annulment in the Philippines. The Philippines government will not recognize a divorce in the US when the Filipino citizen files for divorce. If the Philippines government recognizes that she is still married, then the US Embassy will not issue a K-1 visa.

http://philfaqs.com/live-there/culture/marriage-nationality-and-divorce/

http://en.wikipedia.org/wiki/Divorce_law_around_the_world#Philippines

Filed: Timeline
Posted (edited)

Thank you for the replies. We are going with the annulment route. After we finalize the annulment we will file for K1 visa but will the misrepresentation status affect our applicatio like grounds for denial by US consulate? Does anyone here had or heard a similar incident? Also someone i know has advised me to just marry my GF and go that route but will that take longer than fiancee visa?

Thank you in advance.

Edited by z2bacardi
  • 4 years later...
  • 10 months later...
Posted
On 3/9/2017 at 7:23 PM, letitgo said:

Hello z2bacardi, I know this post is old, but I am in similar situation. I was wondering if you needed a waiver for 212(a)(7)(a)(i)(I) after all or not? And if you can any details that what happened and how worked it out? Thanks a lot!

Hi letitgo - what ended up happening for you in this situation? I'm trying to go and visit after getting the 212 (a) (7) (A) ( i ) ( I ) because I didn't have a return ticket and had lots of luggage with me. Now I have a bunch of proof that I'm living in Canada, have been here for 6 months since withdrawing my application to enter the US, and I have a return ticket for a 2-week visit to see my boyfriend. Any help would be welcome. I think I should be ok this time but am still nervous 

  • 10/30/2018 POE on K-1 visa
  • 12/03/2018 Married 😍
  • 12/07/2018 Sent AOS, EAD and AP forms 
  • 12/13/2018 NOA1
  • 12/21/2018 Received Biometrics appointment letter
  • 12/26/2018 Successful walk-in biometrics 
  • 03/20/2019 USCIS online case status for I-485 changed to "Case is Ready to be Scheduled for an Interview" 
  • 06/10/2019 EAD/AP expedite request submitted with evidence through Congressman's office
  • 06/17/2019 New Card is Being Produced! (EAD)
  • 11/15/2019 Interview! Approved 4 hours later
  • 11/23/2019 Received Green Card in the mail
  • 8/19/2021 Sent Removal of Conditions form
  • 8/24/2021 Application received, NOA1
  • 10/25/2021 Received biometrics waiver (dated 10/21/21)
  • 11/22/2021 Received 24-month extension letter
  • 11/7/2022 Filed N-400 Online
  • 4/6/2023 Naturalization Interview
  • 5/12/2023 Oath Ceremony
Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
11 minutes ago, Canadianmusician said:

Hi letitgo - what ended up happening for you in this situation? I'm trying to go and visit after getting the 212 (a) (7) (A) ( i ) ( I ) because I didn't have a return ticket and had lots of luggage with me. Now I have a bunch of proof that I'm living in Canada, have been here for 6 months since withdrawing my application to enter the US, and I have a return ticket for a 2-week visit to see my boyfriend. Any help would be welcome. I think I should be ok this time but am still nervous 

Hello Canadian musician, believe it or not I haven't tried it yet. I am in the middle of CR1 visa (spouse immigration visa) as the officer asked me at that time and since then I am waiting for the CR1 visa! But many people told me do not try again as you may make it worse. I have proof of living here, but I didn't want to get 10 year ban or life time ban. Anyways I think my situation is a little bit different. Good luck to you and if you can update here how it went after please.

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted
1 hour ago, Canadianmusician said:

Hi letitgo - what ended up happening for you in this situation? I'm trying to go and visit after getting the 212 (a) (7) (A) ( i ) ( I ) because I didn't have a return ticket and had lots of luggage with me. Now I have a bunch of proof that I'm living in Canada, have been here for 6 months since withdrawing my application to enter the US, and I have a return ticket for a 2-week visit to see my boyfriend. Any help would be welcome. I think I should be ok this time but am still nervous 

I got a hard denial like you and my name is flagged when I cross. If your situation is anything like mine you will be pulled into secondary and asked questions. I traveled with a binder full of ties including all of my immigration paperwork. Do you have an immigrant petition pending? I showed a ton of ties including return ticket, school enrollment, lease agreement, bank statements, car insurance, future plans, appointments, etc. It's to the discretion of the customs officer as to whether they feel you will return to Canada. If you have a job I would make sure you have proof you will return. I have crossed a total of 4 times during the IR1 process. When I hit preclearance I prepare myself for the possibility I will be denied again. I was told the flag on my passport will not go away until I receive my IR1 visa. I waited about 5 months after our ordeal happened. The important thing is you can show you are doing everything legally.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

******* 5 year old thread locked.  PLease ask questions about your own case in your own thread. *****

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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