Jump to content
lavander

was denied entry on my last visit due to sec212(a)(7)(A)(:)(I) shall my fiance include the paperwork on our attachments for the K1visa????

 Share

12 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Philippines
Timeline

I was denied entry last Oct. 27, under sec212(a)(7)(A)(:)(I).What happened was I went there to spend my b-day with my fiance i was ssupposed to stay in my sisters house for 2 wks . When i was on myway already i commited a grave mistake of putting my fiance's add. instead of my sister's home add. coz i forgot to ask her, her new add. coz she just moved to a new house.so upon arrival i was lead to 2ndary inspection coz of my last visit wherein i stayed for 5 mos. coz they wanted to know if I i worked there on my last trip w/c never really happened. but during questioning i was asked abt. the add. i told them that it was my sister's add. coz I was scared that they wouldn't let me in if they found out that I have a fiance there, eventually they discovered the truth.They gave me an option of Withdrawal of Application for Admission which I took. my tourist visa got cancelled.My fiance intends to file K1 visa so we can finally be together my question is do we need to include the paperwork regarding my case to the attachmnts required for the K1 visa application or should i just bring it and mention it if ever i get interviewed.Thanks a lot everyone for your time!

12/06/06 129F sent

12/11/06 NOA1

12/13/06 Touched

3/5/07 Touched

3/6/07 Touched & approved!!!!

6/8/07 Medical

6/15/07 Interview

6/22/07 vISA ON HAND!!!

8/28/07 SF POE

9/29 Got married

10/19/07 Recieved SSN

11/13/07 AOS sent

Link to comment
Share on other sites

If I remember correctly, the I 129f asks if you've ever been denied entry into the US. You will have to answer 'yes'. Lying is not something I would recommend, esp. as they'll know anyway.

Denial of entry does not necessarily mean you'll be denied the K1, but lying about denial of entry could.

I would not include the paperwork on the denial of entry unless they ask you for it (I'm sure they already have what they need in the computer anyway), but maybe someone else here will have a different opinion.

SA4userbar.jpg
Link to comment
Share on other sites

Filed: Other Country: Netherlands
Timeline

If I remember correctly, they don't ask about refused addmissions until you get to the actual visa process. I don't think it's on the I-129F, but on one of the consulate level visa application forms. Having an entry denied doesn't mean you won't get a visa this time. Just make sure if you are asked about it at the consulate, that you can explain yourself and the situation, and that you answer truthfully on the forms.

Our K-1 Visa/AOS/RoC timeline can be found here.

Link to comment
Share on other sites

The question about whether you have been denied entry to the US is on the DS 156. And yea, I'd suggest the same thing, that you should answer yes and be prepared to give a good explanation when they ask you to. Good luck.

TIMELINE :

Nov 16th, 2006 Sent I-129F to VSC - overnighted

Nov 20th, 2006 NOA1

Dec 4th, 2006 NOA2 !!!!! Dang...that was fast.. thank you GOD....

Dec 12th, 2006 E-mail from NVC : Petition forwarded to US Embassy in Jakarta, Indonesia

Dec 14th, 2006 E-mail from US Embassy in Jakarta : Packet 3

Jan 08th, 2007 Medical exam! --- Done! Dunno the result tho......... =/

Feb 06th, 2007 Sent packet 3 back to the Embassy with DHL!!!

Feb 15th, 2007 Packet 4 (By phone...)

Feb 22nd, 2007 Interview date!! - VISA APPROVED!!!!!

Apr 15th, 2007 POE : Detroit

May 04th, 2007 Barefoot wedding at Hutchinson Island, FL

May 09th, 2007 Applied for SSN

May 18th, 2007 SSN Received

June 9th, 2007 AOS + EAD paperwork sent

June 15th, 2007 NOA1 for AOS and EAD

June 18th, 2007 CHECKS CASHED (for both AOS and EAD)

July 10th, 2007 Biometrics Appt.

Aug 02nd, 2007 AOS transferred to CSC

Aug 22nd, 2007 EAD card production ordered!

Aug 29th, 2007 Greencard production ordered!!

Aug 31st, 2007 EAD card received

Sept 7th, 2007 2 Year Greencard received

June 24, 2009 I-751 sent (Priority Mail)

June 29, 2009 NOA 1

July 31, 2009 Biometrics

Oct 30, 2009 Card production ordered!!!

Nov 06, 2009 10 Year Greencard received

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: England
Timeline

You will most likely need to file a waiver at the Consulate level. There is a forum for that here that you should review so that you can be prepared for what that involves. Do some searching in this forum:

http://www.visajourney.com/forums/index.php?showforum=113

Good luck!

Link to comment
Share on other sites

Filed: Country: Canada
Timeline

This is an offense that should not require a I-601 waiver... Basically this is the portion of the INA that states that you have immigrant intent and therefore they can't let you enter without an immigrant visa.

But your trips to the US are done until you get the K-1 or Immigrant Visa...

Edited by zyggy

Knowledge itself is power - Sir Francis Bacon

I have gone fishing... you can find me by going here http://**removed due to TOS**

Link to comment
Share on other sites

I was denied entry last Oct. 27, under sec212(a)(7)(A)(:)(I).What happened was I went there to spend my b-day with my fiance i was ssupposed to stay in my sisters house for 2 wks . When i was on myway already i commited a grave mistake of putting my fiance's add. instead of my sister's home add. coz i forgot to ask her, her new add. coz she just moved to a new house.so upon arrival i was lead to 2ndary inspection coz of my last visit wherein i stayed for 5 mos. coz they wanted to know if I i worked there on my last trip w/c never really happened. but during questioning i was asked abt. the add. i told them that it was my sister's add. coz I was scared that they wouldn't let me in if they found out that I have a fiance there, eventually they discovered the truth.They gave me an option of Withdrawal of Application for Admission which I took. my tourist visa got cancelled.My fiance intends to file K1 visa so we can finally be together my question is do we need to include the paperwork regarding my case to the attachmnts required for the K1 visa application or should i just bring it and mention it if ever i get interviewed.Thanks a lot everyone for your time!

And we wonder why it is so difficult to get Tourist Visa's from the Philippines. Thanks a lot. Payato

"Better to be hated for who you are than to be loved for who you are not!"

Timeline:

22 Jul 06 - Received NOA-1

18 Sep 06 - Received NOA2 in mail

11 Oct 06 - Case MNL783xxx received by Manila Embassy... guess NVC lied

26 Dec 06 - Received Packet 4

18-19 Jan 07 - Medical complete early, scheduled 8 Feb

19 Jan - CFO completed after SLE shots... have to go back for the stamp after visa approval

15 Feb 07 - Interview Approved

24 Feb 07 - Arrive at Honolulu POE

2 Apr 07 - Married, civil ceremony, mailed AOS

17 Apr 07 - Checks cashed for AOS & AP

22 Apr 07 - Filed Expedite for AP

8 May 07 - Biometrics Appt

8 May 07 - Filed complaint with local USCIS for no action on Expedite request

9 May 07 - AP Expedite approved via email

14 May 07 - received AP I-512L documents in the mail

25 Jun 07 - AOS Interview scheduled but cancelled due to deployment and family emergency

29 Nov 07 - Visited local USCIS to reschedule AOS interview

15 Jan 08 - Local USCIS finally forwards reschedule request after formal complaint

8 Feb 08 - Received new Interview date

28 Mar 08 - AOS Interview ..investigation reopened due to incorrect birthdate that was identified 05/07

16 Apr 08 - CRIS Notice of GC approval and welcome notice via email

25 Apr 08 - GC received finally!

15 Jan 10 - Mailed Lifting of Conditions Package

19 Jan 10 - Package received at VT USCIS

22 Jan 10 - Checked cashed by USCIS

26 Jan 10 - Received NOA dated 20 Jan 10

29 Jan 10 - Received NOA for Biometrics

Link to comment
Share on other sites

This is an offense that should not require a I-601 waiver... Basically this is the portion of the INA that states that you have immigrant intent and therefore they can't let you enter without an immigrant visa.

But your trips to the US are done until you get the K-1 or Immigrant Visa...

Yep, exactly correct. You can look up the relevant paragraph of the INA in the "laws and regulations" section of the uscis.gov site. I've extracted some text here:

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) , or

They called you an immigrant because you didn't prove yourself to be a non-immigrant. And being an immigrant, you were supposed to have an immigrant visa, but you didn't.

This is a very common situation, and it's a non-event as far as getting and using a K-1 visa. You must not conceal it, hide it, or lie about it when asked, but as long as you're up front about it, it won't cause a problem, and no waiver or other extra paperwork will be required.

04 Apr, 2004: Got married

05 Apr, 2004: I-130 Sent to CSC

13 Apr, 2004: I-130 NOA 1

19 Apr, 2004: I-129F Sent to MSC

29 Apr, 2004: I-129F NOA 1

13 Aug, 2004: I-130 Approved by CSC

28 Dec, 2004: I-130 Case Complete at NVC

18 Jan, 2005: Got the visa approved in Caracas

22 Jan, 2005: Flew home together! CCS->MIA->SFO

25 May, 2005: I-129F finally approved! We won't pursue it.

8 June, 2006: Our baby girl is born!

24 Oct, 2006: Window for filing I-751 opens

25 Oct, 2006: I-751 mailed to CSC

18 Nov, 2006: I-751 NOA1 received from CSC

30 Nov, 2006: I-751 Biometrics taken

05 Apr, 2007: I-751 approved, card production ordered

23 Jan, 2008: N-400 sent to CSC via certified mail

19 Feb, 2008: N-400 Biometrics taken

27 Mar, 2008: Naturalization interview notice received (NOA2 for N-400)

30 May, 2008: Naturalization interview, passed the test!

17 June, 2008: Naturalization oath notice mailed

15 July, 2008: Naturalization oath ceremony!

16 July, 2008: Registered to vote and applied for US passport

26 July, 2008: US Passport arrived.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline
If I remember correctly, the I 129f asks if you've ever been denied entry into the US. You will have to answer 'yes'. Lying is not something I would recommend, esp. as they'll know anyway.

Denial of entry does not necessarily mean you'll be denied the K1, but lying about denial of entry could.

I would not include the paperwork on the denial of entry unless they ask you for it (I'm sure they already have what they need in the computer anyway), but maybe someone else here will have a different opinion.

=Thanks for responding, I double checked the I129F form there was no question in particular regarding if ever u've been denied entry into the US.If there was I will definitely answered yes coz' I don't want to commit the same mistake again.But there is none that's why I'm concern if were gonna include the paperwork already or shall I just wait if ever I get interviewed.

12/06/06 129F sent

12/11/06 NOA1

12/13/06 Touched

3/5/07 Touched

3/6/07 Touched & approved!!!!

6/8/07 Medical

6/15/07 Interview

6/22/07 vISA ON HAND!!!

8/28/07 SF POE

9/29 Got married

10/19/07 Recieved SSN

11/13/07 AOS sent

Link to comment
Share on other sites

Filed: K-1 Visa Country: Philippines
Timeline
If I remember correctly, the I 129f asks if you've ever been denied entry into the US. You will have to answer 'yes'. Lying is not something I would recommend, esp. as they'll know anyway.

Denial of entry does not necessarily mean you'll be denied the K1, but lying about denial of entry could.

I would not include the paperwork on the denial of entry unless they ask you for it (I'm sure they already have what they need in the computer anyway), but maybe someone else here will have a different opinion.

=Thanks for responding, I double checked the I129F form there was no question in particular regarding if ever u've been denied entry into the US.If there was I will definitely answered yes coz' I don't want to commit the same mistake again.But there is none that's why I'm concern if were gonna include the paperwork already or shall I just wait if ever I get interviewed.

thank u all for ur advice!!! :thumbs:

12/06/06 129F sent

12/11/06 NOA1

12/13/06 Touched

3/5/07 Touched

3/6/07 Touched & approved!!!!

6/8/07 Medical

6/15/07 Interview

6/22/07 vISA ON HAND!!!

8/28/07 SF POE

9/29 Got married

10/19/07 Recieved SSN

11/13/07 AOS sent

Link to comment
Share on other sites

=Thanks for responding, I double checked the I129F form there was no question in particular regarding if ever u've been denied entry into the US.If there was I will definitely answered yes coz' I don't want to commit the same mistake again.But there is none that's why I'm concern if were gonna include the paperwork already or shall I just wait if ever I get interviewed.

Sorry about that - Detty is right, its on the DS 156 form. I knew I had seen it somewhere!

SA4userbar.jpg
Link to comment
Share on other sites

Filed: Citizen (apr) Country: Australia
Timeline

no I-601 is needed

Oct 29th 2004 -Met online
Oct 29th -First phone call
Dec 25th -She purposed and i said Yes!
May 10th I-130 Packet and Packet 3 sent off to me by the U.S. Consulate
May 16th -Received Packets 1-3 from the U.S. consulate
June 29th -I arrived in Puerto-Rico!
July 2nd -Married in Mayaguez, Puerto-Rico and also got our interview date for September 6th
August 17th -We arrived in Australia to file for Sep. 6th
September 6th - Filed DCF in Sydney and approved 1 hour later!
September 12 -Received my passport with the visa and yellow packet
November 24th -POE.......Guam,USA
December 12, 2005-Green Card arrived in the mail
September 11, 2007 -Filed I-751 on conditions
September 17 -VSC Receives my I-751 and issues NOA1
Oct 10 -Had biometrics taken in San Juan, Puerto Rico ASC
Oct 12 -Touched.
Aug 21, 2008 -Approved!...........finally
Sep 17, 2008 -Mailed off N-400
Oct 22, 2008 -Biometrics taken in San Juan ASC
Feb 12, 2009 -N-400 Interview
Feb 26, 2009 -Oath.....the end.

....................................*What we do in this life will have an echo in the life to come*...............................

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...