8 months waiting for NOA2, then denied K-1 entry (merged)

[Georgia16 2,858]

This was the K-1 visa?? Your timeline say I-1??

I have never heard of this before!

[snurok 8]

yeah... K1, Me and her are in tears now with absolutely broken by what the govt has done to destroy our lives.

I will have to go to live in Philippines now and my income and business will get destroyed from this. I don't understand why those Nazi bastards did this to me. What did I ever do to them to deserve this?

[Georgia16 2,858]

Sorry to hear the start of your new life together has been so hard!

I don't get the whole thing about her signing a paper with a 5 year ban? It wasn't "just" a voluntary return home paper (Can't recall the right name for it)

[snurok 8]

immediate deportation.....

[JFH 12,191]

So the CBP officer suspected that the K-1 was not for love but for a green card? What could have given him/her that idea? What questions was she asked and how did she answer them?

You mentioned having done this 20 years ago. But not for the same person? What happened to that marriage? If it ended quickly they might suspect that it was not genuine.

[snurok 8]

it was genuine, I was married for 20 years before my ex-wife cheated on me and I got a divorce to start over. I also wanted kids and she couldn't have any.

My fiancé was intimidated by them and the asked her questions about my first wife that was 30 years ago and she didn't have the answers coz I never really discussed all the details with her as I though it wasn't relevant.

I thought the k1 visa after all the work and interview they ironed out all the wrinkles and confirmed the relationship was genuine. but the CBY were suspicious and kept asking her and insisting she was lying to mainly get a green card for the sole purpose of working and not getting married.

She never admitted to any of their accusations and they just made up their minds this was not a real relationship and revoked her entry.

If I knew they would be doing this I would of never let her fly alone and would of been there with her but now im just f****!

[*Snowdrop* 604]

This is a very rare thing to happen.

Although they can deny you at the point of entry for any of the reason the consulate might deny the visa.

The only times I can remember it happening with a K1 in recent years was either because they suspected the person was already married.

But because the immigrant has already gone through a strict process they don't normally start interrogating you again at POE unless they have a reason to suspect something is wrong.

Because it's so rare I am not sure what the next step is. But you might be able to get the Embassy to re-issue the K1, or you might have to get married and then do the spousal visa. Either way you'll probably want to make sure you fly in with her the next time.

[*Snowdrop* 604]

You should probably contact an immigration attorney and explore options for a request for review to the CBP. Doesn't look like something to handle on your own.

Can I Appeal an Order of Expedited Removal?

The short answer is no – orders of expedited removal are not reviewable by any judge or court. There is no appeal process for such orders.

It is possible, however, to submit a request for review to CBP directly, which is what our office has done in situations where we have determined that the expedited removal order was improperly issued. In such situations – where the immigration laws were improperly applied by the CBP officials at the POE – review by additional supervisory CBP officials has resulted in the order of expedited removal being vacated as if it was never issued.

http://www.borderimmigrationlawyer.com/expedited-removal/

[blondedoc 35]

Awnnn, I´m sorry to hear that.

I don´t know what to say...

I just can say that I have a remove story too (it was my ignorance about how many time you can stay in US with a tourist visa, nothing more than that and I was banned because I was "an immigrant without an immigration visa", and... now, I laugh about the situation but I had to hear from the officer when they removed me: "Why you didn´t got married while you were here? You were not about to have this problem!" hahahaha with the most ironic face in the world... I just decided to don´t answer because I was scared to be in a worse situation if I answer on my way something like this... ) and what my lawyer recommended to get married and file directly a CR1 once is more difficult something bad to happen.

We decided to marry in Bahamas, once the document get ready by the day of the marriage and it was easier than marry in Brazil.

Wow... Bahamas blocked me saying that I was about to go there and get US illegaly by a ship! hahahahaha I got so desperate that I started to scream so much that my husband said that he could hear my screaming outside from the bagage claim! And I simply started to throw my wedding band and my handbag on the officers... lol After that the boss of the officers came up and asked what was happening... I explained and I showed all the settling for the marriage and they called the wedding planner. Suddenly they decided to let me in... My in laws saw all of that... And it was the first time that I met them... It was the most shameful situation of my life... I felt like garbage. Well, after 3 days we got married!

Aaaaand I needed a permition to reapply after the 5 year ban, even as a spouse of a USC (that´s what is necessary to get back to US before the 5 years ban) and it was "flying" from office to office for 7 months... Finally LAST WEEK we could know that one day of march (Who knows which day????) it came back to the first office that we sent to be adjudicated.

During that? Wow... such a horrible time... Lot´s of health issues from both sides, loss of money, kids loss of education, my country is about to start a civil war soon...

Now I´m by the end of the I-30 process (CR1) and I can´t go on so fast, once I have no permition to reapply ready...

Don´t loose your faith... Try to get over it and think about the good times that you will have with your future wife.

I say that but I´m still feeling horrible... I suffer a lot.

Ah, I´ll never come back to Bahamas! I haaaaaaate them!!! I´ll never give them a penny!!! lol

Be strong and if you really love her, marry her and go on with the process...

All the luck for you!

[JFH 12,191]

It's interesting that they kept making reference to work. Did she mention anything about working or have documents with her that might suggest she had been looking for work? Did she bring business cards or work equipment? I know she can work eventually after marriage and upon receipt of her EAD so it seems odd that they would deport her for wanting to work when she is entitled to work soon. I could understand a tourist being deported for giving the impression he was going to work here but not a K-1 who is coming here to start married life - and for many wives that involves going to work.

[Georgia16 2,858]

It's interesting that they kept making reference to work. Did she mention anything about working or have documents with her that might suggest she had been looking for work? Did she bring business cards or work equipment? I know she can work eventually after marriage and upon receipt of her EAD so it seems odd that they would deport her for wanting to work when she is entitled to work soon. I could understand a tourist being deported for giving the impression he was going to work here but not a K-1 who is coming here to start married life - and for many wives that involves going to work.

That's what confuse me too...

[snurok 8]

She told them she was not sure if she was going to work or just be a housewife, there was no intent on her part about work, they made it all up. suspicious lies. The whole thing doesn't make sense to me either...

[Matthew&Lenny 0]

your not going to believe this after 13-14 months of waiting...

After 13months and skyping everyday, we finally got our Fiance Visa approved and scheduled the first flight out to be together.

After traveling for 25 hours and entering CBP in LAX they just had to burst the bubble. Accused her of lying and said you are coming here to work, liar. And she really got scared when they said we can put you in jail for 5 years if your lying. Took away her cell phone so she couldnt call me, i spent 2 hours in the airport looking for here in miami but she never showed since they were holding her prisoner. They called me later but only told me she was being sent back on the next plane home and no other info they would provide.

I had to wait 3 days before I could finally speak with the frail girl who's dreams and life had been shattered .

At this point i'm not sure what to do as I am really screwed.

They pushed her to sign a 5 year ban not to re-enter the country when she did not admit to any wrong doing.

Only there accusations that she is lying, marrying an us citizens to come here get a job then divorce him.

Took away her cellphone, locked her up in a closet, held her for 15hours and only gave her a cup of water and noodles to eat.

sent her back on the next plane and she had to wait in Shanghai for another 15 hours with no phone, would not give her any water or food for 15 hours.

Never fly on China eastern, they are obviously not nice people.

Totally screwed! Did nothing wrong!

Oh my god... I'm sorry that you have to go through this situation. Did they give any options or informations to you regarding this situation?

This was the K-1 visa?? Your timeline say I-1??

I have never heard of this before!

yeah I'm confused too about this.

[Matthew&Lenny 0]

it was genuine, I was married for 20 years before my ex-wife cheated on me and I got a divorce to start over. I also wanted kids and she couldn't have any.

My fiancé was intimidated by them and the asked her questions about my first wife that was 30 years ago and she didn't have the answers coz I never really discussed all the details with her as I though it wasn't relevant.

I thought the k1 visa after all the work and interview they ironed out all the wrinkles and confirmed the relationship was genuine. but the CBY were suspicious and kept asking her and insisting she was lying to mainly get a green card for the sole purpose of working and not getting married.

She never admitted to any of their accusations and they just made up their minds this was not a real relationship and revoked her entry.

If I knew they would be doing this I would of never let her fly alone and would of been there with her but now im just f****!

Wait, you said you done the k1 visa 20 years ago but you married your ex-wife which was brought by the k1 visa 30 years ago? I'm confused... But I guess I know what you mean.

[DaveRad 2]

Reading your previous post's, you have a severe attitude problem.