WAIVER OF INADMISSIBILITY/ K-1 ViSA

[jens_prodigy 13]

Hello everyone,

Newbie here! My fiancee and I (been together 7.5yrs) are just starting the process of applying for our K-1 fiancee visa - packet almost completed, hope to mail it by the end of the week. We are a same-sex couple who were prompted to start the K-1 process due to the fact that I was denied return entry to the US almost a month ago and now I'm "stuck" in my home country, the Bahamas. The reason I was denied entry was because I was flagged at the Border when they noticed that for the past two years I had been travelling back and forth to Atlanta for a period of 5-6mths at a time. I didn't realize this was an offence because I would come home to renew my tourist visa before it expired every six months so in my mind I was never in violation of any laws. Before DOMA just recently passed and we learned my fiancee could sponsor me for a visa, we had no idea how long we would be apart so we made the decision - wrongly now I know - to have me travel back and forth and stay several months at a time in ATL with her.

I was held for questioning for over 5hrs and although they did NOT bar me from ever entering the US again, nor did they did bar me for any length of time(like the 3yr or 10yr deal that they give some offenders for unlawful stay), they DID tell me that in order to return to the US, I need to get a new tourist visa from the embassy - no more travelling on my police record only as I had been doing - AND that I needed a waiver of inadmissibility.

Here comes my question now: Since I was not barred for a specific length of time...it just says on my paperwork that my application for admission was withdrawn, do I still have to file for that waiver or will my K-1 visa once it is approved suffice?? Also, I cannot find the section under which I was inadmissible on any of the forms on the USCIS website.. I was given section number 212(a) 7 A (i) (I). I see every other section BUT that on the form 601 from their website, all I see are waivers for major crimes and major over-stays which I have none of that. Technically, I never even overstayed. Can someone please provide some clarity on this? My fiancee saw something online about the fact that I can apply at my K-1 interview? Is this true? Is this advisable or should I go ahead and file now? Man this is expensive waiver is almost $600, K-1 visa is almost $400 :/ Maybe I can just write a letter stating my circumstances and include that in the K-1 packet?

I would really appreciate anyone's help on this matter. I've been searching all over and cannot find any answers. Thank you so much and I really apologize for the length of this post.

Edited September 2, 2013 by jens_prodigy

[Pitaya 2,577]

~Moved from K-1 Process to Waivers and Administrative Processes Forum~

~Inquiring about waivers~

[Sukie 1,465]

Hello everyone,

Newbie here! My fiancee and I (been together 7.5yrs) are just starting the process of applying for our K-1 fiancee visa - packet almost completed, hope to mail it by the end of the week. We are a same-sex couple who were prompted to start the K-1 process due to the fact that I was denied return entry to the US almost a month ago and now I'm "stuck" in my home country, the Bahamas. The reason I was denied entry was because I was flagged at the Border when they noticed that for the past two years I had been travelling back and forth to Atlanta for a period of 5-6mths at a time. I didn't realize this was an offence because I would come home to renew my tourist visa before it expired every six months so in my mind I was never in violation of any laws. Before DOMA just recently passed and we learned my fiancee could sponsor me for a visa, we had no idea how long we would be apart so we made the decision - wrongly now I know - to have me travel back and forth and stay several months at a time in ATL with her.

I was held for questioning for over 5hrs and although they did NOT bar me from ever entering the US again, nor did they did bar me for any length of time(like the 3yr or 10yr deal that they give some offenders for unlawful stay), they DID tell me that in order to return to the US, I need to get a new tourist visa from the embassy - no more travelling on my police record only as I had been doing - AND that I needed a waiver of inadmissibility.

Here comes my question now: Since I was not barred for a specific length of time...it just says on my paperwork that my application for admission was withdrawn, do I still have to file for that waiver or will my K-1 visa once it is approved suffice?? Also, I cannot find the section under which I was inadmissible on any of the forms on the USCIS website.. I was given section number 212(a) 7 A (i) (I). I see every other section BUT that on the form 601 from their website, all I see are waivers for major crimes and major over-stays which I have none of that. Technically, I never even overstayed. Can someone please provide some clarity on this? My fiancee saw something online about the fact that I can apply at my K-1 interview? Is this true? Is this advisable or should I go ahead and file now? Man this is expensive waiver is almost $600, K-1 visa is almost $400 :/ Maybe I can just write a letter stating my circumstances and include that in the K-1 packet?

I would really appreciate anyone's help on this matter. I've been searching all over and cannot find any answers. Thank you so much and I really apologize for the length of this post.

Jens,

May I suggest you contact www.masliah-soloway.com and get a free consultation? This is the law firm that headed The DOMA Project, and they are now working with about 2,000 bi-national same-sex couples (including us).

I believe if you go to www.DOMAProject.org you will find a way to get in touch with them and ask your question. It sounds as if money is tight, so that is why I'm suggesting this group - they do offer a free consultation.

Also, look up the Bi-national Same-sex forum here on VisaJourney. You will find others of us there.

Sukie

[Hypnos 6,578]

You were denied entry for immigrant intent (CBP believed you were de facto living in the US on your tourist visa). You will not require a waiver due to this.

The above advice is a good idea.

[jens_prodigy 13]

You were denied entry for immigrant intent (CBP believed you were de facto living in the US on your tourist visa). You will not require a waiver due to this.

The above advice is a good idea.

Did you really mean I will NOT require a waiver? Really? That would be wonderful but I would hate to get my hopes up because the paperwork does say I need a Visa with a waiver of admissibility. :/ But they did not say I was banned for any amount of time, just that I needed those two things. Is what I'm seeing online correct that whenever you are denied admission you are AUTOMATICALLY banned for 3yrs? I thought they would surely tell you if that was the case. Thanks for the response.

Jens,

May I suggest you contact www.masliah-soloway.com and get a free consultation? This is the law firm that headed The DOMA Project, and they are now working with about 2,000 bi-national same-sex couples (including us).

I believe if you go to www.DOMAProject.org you will find a way to get in touch with them and ask your question. It sounds as if money is tight, so that is why I'm suggesting this group - they do offer a free consultation.

Also, look up the Bi-national Same-sex forum here on VisaJourney. You will find others of us there.

Sukie

Thank you so much for this reply! I will most definitely contact them I hope they can help. Thank you very much again.

[Hypnos 6,578]

Being denied entry does usually not give a bar.

It is best to consult with a lawyer though. The section of the INA you were given says the following:

(A) Immigrants.-

(i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-

(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a)...is inadmissible.

To me that says you were simply denied entry and no waiver would be required, but you should double-check with an experienced immigration attorney.

Edited September 3, 2013 by Hypnos

[islandgirl80 28]

Hello everyone,

Newbie here! My fiancee and I (been together 7.5yrs) are just starting the process of applying for our K-1 fiancee visa - packet almost completed, hope to mail it by the end of the week. We are a same-sex couple who were prompted to start the K-1 process due to the fact that I was denied return entry to the US almost a month ago and now I'm "stuck" in my home country, the Bahamas. The reason I was denied entry was because I was flagged at the Border when they noticed that for the past two years I had been travelling back and forth to Atlanta for a period of 5-6mths at a time. I didn't realize this was an offence because I would come home to renew my tourist visa before it expired every six months so in my mind I was never in violation of any laws. Before DOMA just recently passed and we learned my fiancee could sponsor me for a visa, we had no idea how long we would be apart so we made the decision - wrongly now I know - to have me travel back and forth and stay several months at a time in ATL with her.

I was held for questioning for over 5hrs and although they did NOT bar me from ever entering the US again, nor did they did bar me for any length of time(like the 3yr or 10yr deal that they give some offenders for unlawful stay), they DID tell me that in order to return to the US, I need to get a new tourist visa from the embassy - no more travelling on my police record only as I had been doing - AND that I needed a waiver of inadmissibility.

Here comes my question now: Since I was not barred for a specific length of time...it just says on my paperwork that my application for admission was withdrawn, do I still have to file for that waiver or will my K-1 visa once it is approved suffice?? Also, I cannot find the section under which I was inadmissible on any of the forms on the USCIS website.. I was given section number 212(a) 7 A (i) (I). I see every other section BUT that on the form 601 from their website, all I see are waivers for major crimes and major over-stays which I have none of that. Technically, I never even overstayed. Can someone please provide some clarity on this? My fiancee saw something online about the fact that I can apply at my K-1 interview? Is this true? Is this advisable or should I go ahead and file now? Man this is expensive waiver is almost $600, K-1 visa is almost $400 :/ Maybe I can just write a letter stating my circumstances and include that in the K-1 packet?

I would really appreciate anyone's help on this matter. I've been searching all over and cannot find any answers. Thank you so much and I really apologize for the length of this post.

Did you apply for a waiver?

[jens_prodigy 13]

Did you apply for a waiver?

No I didn't. I was never sure if I needed it or not. I hope I do not.

[nyokie 572]

did you tired apply for a via event ho they said in order to go back to the state you will have to get a visa. what you ever get your visa or started the paperwork? when did you started and how long did it take?

[newacct 688]

7A is the standard inadmissibility used when they want to deny you entry for immigrant intent. 7A is not a ban (it is not the reason why you cannot enter later) -- but denial of entry often leads to a 9A ban.

When you were denied entry, one of two things happened:

• They allowed you to voluntarily withdraw your admission and voluntarily depart. In this case, there is no ban.
• They put you in expedited removal. In this case, removal on arrival in the US causes a 5-year 9A ban (i.e. if you were to travel to the US within 5 years you would be denied entry due to 9A). To immigrate within the 5 years, you would need to overcome the ban by applying for consent to reapply with I-212.

It seems you are saying they allowed you to voluntarily depart, so there would not be a ban. However, look closely at the paperwork they gave you to make sure there isn't anything that says they removed you. Someone once on here said CBP initially allowed him to voluntarily withdraw, but when he took a long time to arrange a flight back, they changed their mind and removed him.