Had my interview and got a 221(g)

[chiquita 0]

I am sorry about your troubles with the consulate. However I disagree with telling the truth about the tourist visa. It would mean you tried to commit fraud, even if it was unitentional. This would bar you from the states for sure. You need to have your fiance speak with an immigration attorney who has worked with this situation before. Not all immigration attorneys have the experience that you require. I wish you the best.

chi

[Detty2809 0]

Uh oh.... wait... I don't understand. I was refused a tourist visa to the US last May 2005 cuz I told the immigration people honestly that I wanted to see my fiance and his family. They gave me 214( B ) refusal letter and said that I should get a fiance visa instead. They also said I did not have enough proofs that I would come back instead of being an illegal immigrant there. Will I have a problem at the interview? I still have the 214( B ) letter.

I don't see a problem at the interview.

You were honest and wanted only to get a visa to visit him.

This time they sended me back at the POE I honestly didn't knew that I couldn't visit my fiance on my normal passport untill our case with fiance visa was done.

Whew......ok then, thanks a lot!

[TracyLuis 0]

Maybe I'm just slow, but you obviously weren't trying to commit immigration fraud when you came to the US on your tourist visa in 2005 because you are back in your country now, right?

Am I missing something???

[bora bora 1]

I'm praying for you Marcela (and Dave) and believe this will work out. I agree with Kathryn - show all that you can that although you were applying for a tourist visa you were going to return to Brasil. Try and prove that you planned on returning after the championship.

Good luck.

[Cindy&Kev 0]

Marcela.

I was so afraid about my interview, I was believing that I could have some issues and need a waiver because of my previous visa and the year that I was here in US (04/05) but at any time I did not tell them the truth. I had a successful interview, thanks God.

I just started to get confident about the interview after I had an email consultation ($ 50 and worth every cent) with the attorney that Scroll told you (www.visacentral.net), her name is Laurel and she is very good. She told me what papers I should bring to the interview and what I should tell them in case they were thinking I did something wrong. I am sure that she will help you to do the right thing. You can ask her all the questions that you have and she will answer you probably at the same day; she is the best person to help you now. I would not advice you to go to the free chat but I can advice you to do the email consultation as son as possible.

Good luck and the best for you,

Cintia

[Marilyn. 340]

Maybe I'm just slow, but you obviously weren't trying to commit immigration fraud when you came to the US on your tourist visa in 2005 because you are back in your country now, right?

Am I missing something???

from what I understand she never made it to the US because they denied her the tourist visa...

[Pinocchio Liberal 268]

Maybe I'm just slow, but you obviously weren't trying to commit immigration fraud when you came to the US on your tourist visa in 2005 because you are back in your country now, right?

Am I missing something???

from what I understand she never made it to the US because they denied her the tourist visa...

Wrong! She got the visa, came up here and was not allowed to enter. Immigration blocked her. Somehow, the immigration found something... I guess...

Carol

[Marilyn. 340]

Maybe I'm just slow, but you obviously weren't trying to commit immigration fraud when you came to the US on your tourist visa in 2005 because you are back in your country now, right?

Am I missing something???

from what I understand she never made it to the US because they denied her the tourist visa...

Wrong! She got the visa, came up here and was not allowed to enter. Immigration blocked her. Somehow, the immigration found something... I guess...

Carol

ok, I got part of it wrong.. but what I was trying to get at is that she never made it into the US...

[isleta521 5]

I dont get it either. Where is the fraud or the intent? Perhaps unintentional yes. As I see it, they were not thinking of marriage (K1) until after Dave returned home. Perhaps at the time she tried to enter US, the commitment to wed was not there. She was entering on a Tourist visa to visit her boyfriend and at the time was not pertinent/important to have him listed - error probable but not fraud - turned away and sent back. We all have heard stories at POE where the immigration police can be somewhat "overzealous".

Maybe they found something or maybe not. Maybe they just didnt like the way she looked. We thought of a tourist visa also and were told even if you are lucky enough to get a TV in Rio, POE has the last say and can turn you away for any or no reason. Either way, doesnt seem right to imply fraud but then again were talking about USCIS and they have their reasons I guess.

Best of luck to you Marcela.

[MrMrsKnight 0]

I never mentioned David at the time of my TV interview because they never asked. Simple as that.

I was refused entry not because of David, but because they didn't like the fact a girl like me, would be going to the US just to go to a Chess tournament. They didn't like me I guess.

So at the time of my K1 visa interview they put it all together... because then they had proof that I knew David in 2005 and still tried to go to the US as a tourist. Get it?

Sorry I'm not so active in my own thread, but I'm trying to get this worked out and it sucks everything out of me. But thank you for all the constructive replies... I'll use all the information given the best way I can... then I'll let you all know what happened!

David, thank you and Val for calling me the other night. I'm sorry we got disconnected though. You're both amazing friends and I'm so glad I have you on my side!

[G&C 0]

So much for innocent until proven . . .

Unfortunately, Immigration is one place where the government does not have to prove it's case that you did something wrong. The government only has to ask that you prove you did nothing wrong.

I would suggest to you that they haven't yet put "anything" together; but they are fishing. They must have a quota to meet.

I agree with the other posts regardng a lawyer.

Two things going through my mind . . .

1. The exact date of being engaged; and do you have anough data to support such a date (the data required being way past a reasonable doubt).

This is a key issue in my mind and I would start to put this story together. If possible, use as many USC witnesses as you can find to attest to the engagement date. Ask them if they will provide statements under oath. And if any of these witnesses are professionals such as Registered Professional Engineers, Doctors, Dentists, or CPA, (even lawyers ha ha ha) it will add credence to your case.

2. You also should be able to (or the USC) obtain the visa interview notes under the FOI act. This is worth a try. First though I would try to obtain these notes yourself; directly. I;d ask for the complete file. After all you need them for this request. If there are notes stating that you answered (or they may have noted "appeared to") all questions truthfully, then that is also a big help.

Unfortunately, this is just more of the United States being at their worst. Something I am not proud to say we are very good at. These days I get high blood pressure when someone even hints that they don''t understand why most of the world despises us (meaning our government).

Good luck and I will talk with some lawyers here and see if they have any additional thoughts on this.

I AM NOT A LAWYER

I never mentioned David at the time of my TV interview because they never asked. Simple as that.

I was refused entry not because of David, but because they didn't like the fact a girl like me, would be going to the US just to go to a Chess tournament. They didn't like me I guess.

So at the time of my K1 visa interview they put it all together... because then they had proof that I knew David in 2005 and still tried to go to the US as a tourist. Get it?

Sorry I'm not so active in my own thread, but I'm trying to get this worked out and it sucks everything out of me. But thank you for all the constructive replies... I'll use all the information given the best way I can... then I'll let you all know what happened!

David, thank you and Val for calling me the other night. I'm sorry we got disconnected though. You're both amazing friends and I'm so glad I have you on my side!

[lucy1979 0]

Marcela.

I was so afraid about my interview, I was believing that I could have some issues and need a waiver because of my previous visa and the year that I was here in US (04/05) but at any time I did not tell them the truth. I had a successful interview, thanks God.

I just started to get confident about the interview after I had an email consultation ($ 50 and worth every cent) with the attorney that Scroll told you (www.visacentral.net), her name is Laurel and she is very good. She told me what papers I should bring to the interview and what I should tell them in case they were thinking I did something wrong. I am sure that she will help you to do the right thing. You can ask her all the questions that you have and she will answer you probably at the same day; she is the best person to help you now. I would not advice you to go to the free chat but I can advice you to do the email consultation as son as possible.

Good luck and the best for you,

Cintia

Hi Cintia!

Could you help me, please? May you send me an e-mail with the tips from the your Attorney?

I am really confuse about my future interview...

Thanks

lucianamond@msn.com

[Pinocchio Liberal 268]

I never mentioned David at the time of my TV interview because they never asked. Simple as that.

I was refused entry not because of David, but because they didn't like the fact a girl like me, would be going to the US just to go to a Chess tournament. They didn't like me I guess.

So at the time of my K1 visa interview they put it all together... because then they had proof that I knew David in 2005 and still tried to go to the US as a tourist. Get it?

Sorry I'm not so active in my own thread, but I'm trying to get this worked out and it sucks everything out of me. But thank you for all the constructive replies... I'll use all the information given the best way I can... then I'll let you all know what happened!

David, thank you and Val for calling me the other night. I'm sorry we got disconnected though. You're both amazing friends and I'm so glad I have you on my side!

Listen, David had to apply for a visa to come to S.america, Right? and then you LIE about a tourist VISA ? It's not about being nice, your no more into chess than me! your K1 app. says you are visiting a freind! ####### They matched you with his app. prayers arent gonna get you very far! Get a lawyer. I think your pretty much DONE!

honesty is harsh but you gotta face it sister.

Edited January 9, 2007 by CarolsMarc

[TracyTN 237]

I never mentioned David at the time of my TV interview because they never asked. Simple as that.

I was refused entry not because of David, but because they didn't like the fact a girl like me, would be going to the US just to go to a Chess tournament. They didn't like me I guess.

So at the time of my K1 visa interview they put it all together... because then they had proof that I knew David in 2005 and still tried to go to the US as a tourist. Get it?

Sorry I'm not so active in my own thread, but I'm trying to get this worked out and it sucks everything out of me. But thank you for all the constructive replies... I'll use all the information given the best way I can... then I'll let you all know what happened!

David, thank you and Val for calling me the other night. I'm sorry we got disconnected though. You're both amazing friends and I'm so glad I have you on my side!

Listen, David had to apply for a visa to come to S.america, Right? and then you LIE about a tourist VISA ? It's not about being nice, your no more into chess than me! your K1 app. says you are visiting a freind! ####### They matched you with his app. prayers arent gonna get you very far! Get a lawyer. I think your pretty much DONE!

honesty is harsh but you gotta face it sister.

Wow, I didn't realize you knew so much about how particular consulates (or even CO's) would adjudicate specific cases.

What a fool the OP must have been to not seek your opinion first!

[MrMrsKnight 0]

####### Marc? Honesty is one think... being tactless is something completely diffrent, and that is what you are. Plain rude and tactless.

And how do you know I'm not more into chess than you? How well do you know me? FYI, I went to England in 2003, while David was in Brazil, to play a Chess tournament. He stayed in Brazil.

As far as I know, it is not illegal to try visit friends in the US if you have an American boyfriend/fiance. Of course, you might be turned down and lose money... but that's it.

My application says what it says... I wanted to go to a chess tournament with friends. Would I have told them my friends' names if they had asked me? Yes, I'd tell them the name of every single person that would travel with me to the tournament... and that is exactly what I did at the POE. I don't lie... so whenever they asked, I told them the name of the people I was going to be with for that certain amount of time! Did they know at the POE that David, one of the people I was going to be with, was my fiance? I don't know... probably.

It's their fault they didn't ask me all they had to ask at the time of my interview...

Wow, I didn't realize you knew so much about how particular consulates (or even CO's) would adjudicate specific cases.

What a fool the OP must have been to not seek your opinion first!