Shunted into AP by the Embassy for being turned around in January

[Boiler 46,125]

Yeah I'm surprised you didn't get a ban as you were working illegally. Is that why you were using a lawyer? Presumably you haven't returned since January?

How? No VWP and B would be very unlikely.

[Fishandchips78 38]

How? No VWP and B would be very unlikely.

No, of course you're right. There's no way he could have visited. That's obviously why there's a lawyer involved.

Can you explain why it might be considered misrepresentation if he wasn't banned?

[Illiria 980]

Well he tried to get in on a vwp when actually intending to work, this in itself is misrepresentation (banned or not it is still misrepresentation) and whilst he does not appear to have been given a ban at poe the embassy may consider that to be the correct action and deny any visa that comes through.

[Boiler 46,125]

Bans are not issued by POE'S. They can do things that may result in a ban.

If Misrep is charged then there would be a waiver.

[Sheri&Rich 25]

To answer some points..............

No I didn't travel to the USA with the intention of either working or finding work. I had sold my business and was in the fortunate position not to have to worry about money and decided to visit a friend I hadn't seen in 10 years. I had already been in the USA twice last year before getting turned around.

I was turned around mainly because I declared I had a US fiancee and the CBP officer doubted that I would go home and and sent me back.

After meeting my fiancee and spending more time in the USA I was offered a job as a consultant for which I did not apply for. At the time I genuinely believed that I could not do this under the VWP as I was able to put the paperwork through my new UK business.

I was NOT returning in January to go back to work as the job finished before December. My return was to set the details up for the wedding and moving and file the I-129f in the USA before coming home.

I hired my immigration attorney in November last year and NOT as a result of being turned around.

As far as the consulate slapping me with a mis-rep, I take it that means a false relationship. Since January this year, I can prove the following actions with my fiancee.

Over 3000 emails

2 UK Trips

1 France Trip

1 Ireland Trip

£2000 mobile phone bills (estimated)

£300 land line bills

Skype records

Wedding dress and morning suit receipts

Wedding rings (£4000)

The list goes on but they are the main ones that spring to mind..........

Rich

Edited October 7, 2014 by Sheri&Rich

[Boiler 46,125]

I was working in a garage.

I was refused entry in January because I had declared I had a fiancee and they found out I had been working from my mobile phone.

[Sheri&Rich 25]

Well he tried to get in on a vwp when actually intending to work, this in itself is misrepresentation (banned or not it is still misrepresentation) and whilst he does not appear to have been given a ban at poe the embassy may consider that to be the correct action and deny any visa that comes through.

Your statement is false.......

I did NOT try to return in January to go to work as there was no work to go too plus I have a job in the UK anyway.

I was told by the CBP at POE in January that I would be allowed to return with the correct visa.

[Boiler 46,125]

The issue is the Consulate take on events.

[Nick&Diane 32]

As far as the consulate slapping me with a mis-rep, I take it that means a false relationship. Since January this year, I can prove the following actions with my fiancee.

In this case misrepresentation refers to you working illegally whilst in the US with a visitor visa. You misrepresented your status as a visitor.

The illegality of your US work is clear:

-You derived a direct benefit from working for US clients.

-You deprived a US citizen of the work.

Whether or not you applied for the position is irrelevant.

Plus - the CBP officer found evidence of you having worked illegally.

What does your attorney say about the work?

[Nick&Diane 32]

After meeting my fiancee and spending more time in the USA I was offered a job as a consultant for which I did not apply for. At the time I genuinely believed that I could not do this under the VWP as I was able to put the paperwork through my new UK business.

Having said what I said - yeah, since you were consulting for a UK business - hmmm. I take it back, the legality is not so clear.

[Illiria 980]

Your statement is false.......

I did NOT try to return in January to go to work as there was no work to go too plus I have a job in the UK anyway.

I was told by the CBP at POE in January that I would be allowed to return with the correct visa.

Ok had based on your previous statements which indicated the working was linked to the January entry refusal due to messages on the phone.

Did they say which visa you needed? The one suggested might aid in deciding if it was the emails about work or the fiance that led to the turn around.

I went to the US when visiting my fiancé and went for almost the full amount of the vwp allowance whilst my k1 was in process. Only had extra questions when I said friend instead of fiancé, bad habit formed from talking to new people and the judgement I used to get when saying we had dated 11 years. Once I said that i was funding the trip myself in an obviously surprised and affronted tone they got super nice and wished me a good holiday. I was actually genuinely surprised by the question about who was paying for my trip as it hadn't occurred to me that they thought the us citizen would pay for it.

Misrep is nothing to do with your relationship with your fiancee, it is short for misrepresentation. Misrepresentation can be both lying or omitting the truth.

Boiler Thank you I wasn't aware that misreps could have waivers.

[Sheri&Rich 25]

Having said what I said - yeah, since you were consulting for a UK business - hmmm. I take it back, the legality is not so clear.

That's what I have been trying to clarify.

As I was a consultant, I was not hired as an employee by the US company but remained an employee in the UK. There was certainly no position that I filled that could have been taken by a US citizen. These are reasons why I thought it would not breach the VWP as it was all UK based.

Needless to say, I did not go looking for a job as part of my visit to the USA.

[Sheri&Rich 25]

Ok had based on your previous statements which indicated the working was linked to the January entry refusal due to messages on the phone.

Did they say which visa you needed? The one suggested might aid in deciding if it was the emails about work or the fiance that led to the turn around.

I went to the US when visiting my fiancé and went for almost the full amount of the vwp allowance whilst my k1 was in process. Only had extra questions when I said friend instead of fiancé, bad habit formed from talking to new people and the judgement I used to get when saying we had dated 11 years. Once I said that i was funding the trip myself in an obviously surprised and affronted tone they got super nice and wished me a good holiday. I was actually genuinely surprised by the question about who was paying for my trip as it hadn't occurred to me that they thought the us citizen would pay for it.

Misrep is nothing to do with your relationship with your fiancee, it is short for misrepresentation. Misrepresentation can be both lying or omitting the truth.

Boiler Thank you I wasn't aware that misreps could have waivers.

The CBP office said that as I intended to marry a US citizen then I was no longer covered by the VWP. His concern was that I was not going to return home and stay in the USA. He did not indicate which visa I needed to apply for. The CBP officer was clear about the fact that I could return and said that his actions were in some part a #######-for-tat response to the number of USA citizens getting sent home from the UK.

I had already been in the USA for 180 days last year (two trips) and I guess (and stress that it's only a guess) that he thought I was living there already. PLUS my turn around was 6 days after returning back from the USA to the UK. I flew back on 2nd January and flew back on the 8th January only to get sent home.

[Hotter Otter 1,211]

That's what I have been trying to clarify.

As I was a consultant, I was not hired as an employee by the US company but remained an employee in the UK. There was certainly no position that I filled that could have been taken by a US citizen. These are reasons why I thought it would not breach the VWP as it was all UK based.

Needless to say, I did not go looking for a job as part of my visit to the USA.

I've not seen this situation before at London though I'm sure some of the VJ veterans have. Fingers crossed for you. Maybe they'll slap you with a misrep for working (it's their view of the situation that counts) then you'll be able to file for a waiver?

[Sheri&Rich 25]

I've not seen this situation before at London though I'm sure some of the VJ veterans have. Fingers crossed for you. Maybe they'll slap you with a misrep for working (it's their view of the situation that counts) then you'll be able to file for a waiver?

Thanks for the info........

My attorney is hot on it but the other issue is that they gave me an AP document with someone else's details on it. I don't want to go all the way through the account of the interview but there is some suggestion that the interviewer had the wrong case file in front of her hence the wrong details.

What a mess.............