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

[snurok 8]

I'd like to see what kind of attitude you would have if this happened to you.........

[Meg&Andrew 297]

Wow, this post will give me nightmares. As my fiancé lives in Saudi Arabia, but he's Filipino and only in Saudi on a working visa. All of his family lives in Saudi as well. In order for an expat to live in Saudi, they have to be given a visa for work, or because of family working there up to a certain age (he no longer qualifies for this) So when he leaves his work and Saudi to come here, he will lose his visa in Saudi of course. So if he got denied at POE he would be absolutely screwed (to say the least) he would be forced to go back to the Philippines with no physical address to go home to, no home to go to at all actually, no work, he'd be homeless. Now I'm really really scared, and wondering if I've done the right thing in asking him to give up his entire life to come here. If this happened to him, I'd never be able to forgive myself or live with myself. If there's anymore to the story I'd really appreciate knowing. But knowing they can deny you because they just have a hunch is so very scary. That's why I'm asking if there's more to the story.

[snurok 8]

My best advices, is hire a great immigration attorney to help you. they don't mess around as much when there is an attorney representing you is what I have been told.

Next make sure you have all your lines prepared and memorized for the Gistapo interrogation. I would suggest not to fly through LAX if possible as maybe its worse there.

My fiancé was very nervous and didn't understand some of their questions since English is her 2nd language, but never admitted to any fraud. the officers suspicions and crude behavior made her scared and after they threatened her to put her in jail for 5 yrs she would do anything as she was afraid she would not see her daughter anymore which was her main concern.

get a lawyer.... best advice when its a difficult situation, you don't want to play with this and make sure he doesn't sign anything, especially without reading it and know what he is signing....

[*Snowdrop* 604]

Snurok - have you hired a lawyer to help you prepare an appeal to the CBP?

[snurok 8]

yes... I think he is very good with 34 years of experience... what state are you in?

[*Snowdrop* 604]

I'm in Virginia but I don't have any specific lawyer recommendations. I just did some research about this when I read your case as it is very unusual to go through this.

It looks like an appeal to the CBP is the first step and then if that doesn't work you'd have to go the spousal route with a waiver to overcome the ban, which is a hard thing to get, I think.

[snurok 8]

In April after a 14month wait to receive my fiance visa I attempted to enter the USA at LAX airport and was interrogated by the CBP for 2hours. I didn't know it would be such an intensive interrogation that turned ugly accusing me of being a liar and committing fraud as my intent was not marriage but to enter to find employment. All false accusations they made up without any hard proof.

I dont understand why they caused such hardship and kaos for me and my fiance without knowing all the facts of our year and half relationship.

But now the problem is when I was returned home they gave the airlines my cell phone and a package which I did not see till I got home.

In their was a I-296 form they made me sign without explanation or allowing me to read it was a 5yr ban on returning.

However since they lied an falsely accused me of fraud they did not provide the officers sworn statement I-867A/B form, or the expedited removal form Form I-860. I think they did this deliberately to screw me even more knowing I would never be able to obtain these forms.

I filed a complaint with the CBP complaints and gave them everything I had including a notarized statement from me and the I-296. But they responded without the sworn statement from the officers there was nothing they could do and closed the investigation. I ordered the FOIA apprehension border records and just received a report that says which airline i csame in on and left and a comment for removal that said alien said she is coming to work. I never said ANYTHNG like that which goes to show how they are lying and covering up what they illegally and immorally did.

I filed the redress with homeland security but it may serve no purpose as it may take up to 12months to respond and the k1 visa will be expired so what good are they.

I'm out of options, I paid a lawyer but he is not getting any results either, without the cbp officers statement im up shits creek without a paddle.

Does anyone know ho I can obtain the expedited removal forms and the statement as this is probably the only thing that could save our relationship from ruins?

[Georgia16 2,858]

You got some good advice on appeal and lawyers in your last post.

http://www.visajourney.com/forums/topic/573884-8-months-and-still-waiting-for-noa2-k1-visa-i-129f/

[TBoneTX 46,118]

A hijack post and reply have been split from this thread and have been given the topic title "Filed 3 Times, No Word [split topic]."

[TBoneTX 46,118]

Similar-themed threads are merged here. Thread title is edited. Please avoid starting other threads on the ongoing topic.

[cristina16 81]

Sorry to ask- why is your fiance flying via LAX and you are waiting in Miami? That is a longer route rather than to POE in ATL or JFK via Delta.

Anyway, it is tricky to pick a POE depending on your final destination vis-a-vis cost . Your fiancee's experience is alarming for me considering that I will be travelling with my 2 K2 and we are moving to have a new life with my future husband. I cannot imagine the agony that you are going through. Giving up everything is difficult as is but this is one is devastating.

I hope your appeal will turn out into something good; for now you should consider getting married in the Philippines and move here just to be together.

[Limey 551]

In April after a 14month wait to receive my fiance visa I attempted to enter the USA at LAX airport and was interrogated by the CBP for 2hours. I didn't know it would be such an intensive interrogation that turned ugly accusing me of being a liar and committing fraud as my intent was not marriage but to enter to find employment.

Are you the petitioner or beneficiary (ie US citizen, or immigrant)?

Your earlier posts talk as if you are the petitioner (talks about having sponsored now ex wife 30 years ago), but this one talks as if you are the beneficiary. Its confusing.

Edited May 5, 2016 by Limey

[snurok 8]

My fiance tried to enter the US on an approved k1 visa. The CBP at LAX pulled her into an intense interrogation process

accusing her of coming to the US not for marriage but to obtain employment. The screamed at her accusing her of being a liar and commiting fraud.

The threatened her with a 5yr jail time for lying and when she told them its not true the wrote on her Q&A she said she was coming to the US for the purpose of employment. Being threatened and frightened of jail time the only escape was to comply with the CBP request to sign off on papers they put in front of her which included the Q&A form and a 5yr ban not to return again to the US and the wrote on her visa in her passport REVOKED.

Not giving her an opportunity to review or failing to explain what she was signing but merely telling her if she signs these papers they will return her back to where she came from and she wont be faced with possible jail time.

The poor girl at 27yrs old with no travel experience feared the officers and blindly signed. She requested to speak to her fiance first but they denied her any communication and took away her personal belongings and cell phone so she could not make any contact.

I filed a complaint with the CBP in Washington, but they refused to investigate and after many phone calls and emails told me to go to homeland sceurity to file a redress.

I have done that and after 4 months of waiting for a response from DHS I just dont know what else to do at this point.

DHS will not provide any information to how long the investigation will take as it could take maybe 10months or maybe they will never investigate and return a response.

They have no phone numbers to call, I have tried to reach out to my Florida senators, congresswoman and nothing has helped.

Has anyone had any experience similar to this waiting for DHS to investigate and how long has it taken?

All I can say now is the US govt really f... me. I do everything right as a good citizens and they have ruined my life.

[Penguin_ie 5,996]

***** post split from 6 year old thread by other member and merged with existing thread by Op. Do NOT create new threads on this subject or post in other member's threads about your issue. ******

[snurok 8]

After a long battle to acquire the k1 Fiance visa we thought our lives together would finally begin.

Read the entire story and learn from our mistakes not to take the final approval as the beginning to a happy life together as the govt is out to get you even when you do everything right!.

In April of 2016 a young girl was preparing to make a 10,000 mile journey across the globe to finally be united after a long wait to marry her fiancé in the U.S.

She just received her fiancé k1 visa after a 12 month wait. They communicated with each other for a year and a half every single day over Skype. With her newly born excitement she quit her job, gave away some of her possessions and departed for the airport. There was not much to go back to as a new life would begin with the man she fell in love with in the U.S.

Little did she know she would never arrive to her final destination as she would be turned away by the U.S. government Gestapo border squad called the CBP.

Background of the CBP: Customs and Border Protection is the trial, Judge and jury of the U.S. Government policing our vulnerable border entry points.

With more than 60,000 employees, CBP is one of the world's largest law enforcement organizations and is charged with keeping terrorists and their weapons from entering the U.S. borders, while also validating travelers from committing travel fraud. The agency was granted its full power in 1996, when the U.S. Congress with President Clinton gave them the authority to remove any traveler or migrant they see fit from the United States and without the need for a hearing before an immigration judge.
In addition to the removal they can also make an arrest.

A criminal fraud statute provides for sanctions to those presenting false information to customs officers, with violators facing a maximum of 2 years imprisonment, or a $5,000 fine, or both, for each violation involving an importation or attempted importation.

With millions passing through our borders it is their job to make sure terrorists, smugglers, & criminals don’t make it into our country.

Our encounter with the CBP is an unfortunate event and not unique as countless others have experienced similar problems that have been reported and many more that have gone unreported by travelers.
While traveling to the Philippines in January of 2015 I was lucky to have met the woman I would spend the rest of my life with. Returning home 30 days later, I immediately had her file an application for a tourist visa to come visit me in the U.S. But the process was taking too long and I proposed we marry instead. Within a few weeks I filed for the K1 Fiancé visa.
This changed our status from friends to fiancé locking us into a marriage contract built by love. During the long waiting period I had returned 2 more times each visit for 30 days giving us more time to know each other better & develop a stronger relationship.
As soon as she arrived at LAX airport the CBP brought her in for interrogation. It was unexpected since she already was meticulously examined and interviewed by the U.S. Embassy in Manila.
Later they would hint something in her file made the CBP suspicious about her fiancé entry request.
After the basic kindergarten questions a cold female CBP officer asked her if she could recognize a picture of my 1^st ex-wife from 25 years ago. She couldn’t answer the question because I didn’t have any pictures of my ex-wife from 25yrs ago and didn’t discuss many details about that relationship. Later I would find out the picture they showed her was not my ex-wife but an unknown woman who was never identified.
This made the CBP officer more suspicious and told her your fiancé is still married and living with his prior ex-wife. A fabricated lie from the officer because in reality this divorced ex-wife was not living in the USA and moved to Russia some time ago to live with her family.

But since her mailing address was still registered with the DMV as my mailing address made the CBP officer more suspicious. Then the officer asked if she had a contract to come work for me as a domestic helper. When she told her no, the officer called out loud, “you’re lying”! And continued with her suspicions accusations to say you are coming to the U.S to find a job then divorce or leave your fiancé and bring your daughter here.
When the CBP officer heard her state no it’s not true she yelled at her, “you’re a liar”.
The overall aggressive behavior started to make this poor naïve girl worry these officers can hurt her, as in her country when the gov’t officials bring you in they can do as they please and a young girl will have no recourse.

After more screaming and accusations to break her down the CBP officer stated you have committed fraud to enter the U.S. on a fiancé visa as we have found you’re arrival here for the intent of employment. As they prepared her paperwork to return her back to the Philippines they placed her in a locked room and prepared her removal paperwork. She would ask if she could call her fiancé, family, or embassy and was denied any communications. In their custody they held her cell phone where they could of observed all the hundreds of pictures of the 2 of us together, and the everyday Skype chats which could of also confirm our marriage bond. But they refused for some reason to see or report the truth. We also made a video of us together during my 2^nd visit to the Philippines but this would never have a chance to help the situation.

When they brought her back into the interrogation room it was basically over for her at this point. Now the CBP officers needed to wrap this case up & get their scorecard brightened up, maybe for their next promotion.

The intimidating CBP officer in a threatening manner would tell her I can pick up the phone and put you in jail for 5yrs for lying & committing fraud. But the law actually states it’s a 2 year sentence and not 5. Perhaps the officer forgot to read her manual.

She held a bunch of papers and said if you just want to go home I need you to sign these papers. Without explanation of what these papers were or allowing her anytime to review these papers the poor girl frightened by the officer & fearing she may never see her family again signed the pages blindly to end the torture.

After she signed she realized a big mistake was made when the officer told her you cannot come back to the U.S. for the next 5yrs.
To make the matter even worst, signed copies of the officer Sworn Statement and expedited removal forms where never placed inside a small yellow envelope she received from the airline upon landing in her home country.
It seemed these papers were deliberately omitted by the officer to further hide her actions and deter any future complaints.

It took over a month for me to finally obtain copies of these documents from the Freedom of Information Act or FOIA which included the questions and answers they wrote on her behalf. She tried to call from Philippines many times to the CBP office at LAX but was never connected to a supervisor to request the copies of the missing papers that we needed to review and understand why they returned her home.
When I received the final copy with her initials and signatures I was shocked by the computer typed answers next to each question.

Immediately after her deportation I was devastated by the news and immediately sought legal counsel as I changed my schedule to leave the U.S. and be with her during this tragic time.
I searched on-line for answers and guidance where I found contact information for the CBP complaint dept in Washington D.C. When I phoned them I was relieved to speak with someone that was sympathetic to my situation.
I was directed to complete certain complaint forms and obtain releases which I did and uploaded all the information to their investigative dept.

There 1^st reply to me requested I send them the officers statement which we did not have at the time and were not aware these forms were supposed to be provided. I replied she never received these forms and the CBP complaint dept told me they cannot do any investigation without this form. They also did not believe she was not provided copies of these forms at deportation and suspected her of concealing or lying about the forms. I could not understand how the head dept. of the CBP could not pull up these forms themselves.

It took more than 30 days of persistent attempts to obtain these forms as the CBP refused to release them for unknown reasons.
When I finally sent the CBP complaint dept. the obtained forms I felt relieved that action would finally take place.
But in fact nothing would happen except lost time in waiting. I was told there was nothing they could do. They had sent my information to the CBP California branch but nothing would ever come of it.

I was praying my hired attorney would be able to get better results from them. But they also ignored his letters and the letters from a local congresswoman as well. Only after about 4 months a response from the CBP was issued.
It was a stock template letter that had gibberish in it regarding examples of how to provide economic ties to their place of residence. It stated what ties where, “"Ties" are the various aspects of a person's life that bind him or her to his or her country or residence and are categorized by one's possessions, employment, and social and family relationships.”

This had absolutely nothing to do with our case and was further proof how the CBP did nothing to investigate the complaint and their arresting officer’s abusive actions.

Now let me highlight some of the CBP officer’s action regarding her sworn statement form.

Q. “Did you sign up for the website so you could find an American husband?”
A. I signed up to find a husband not specifically and American husband.

Q. Why did Mr. ______ list himself as your friend under your U.S contact on the B1/B2 visa application and not as your boyfriend?
A. The application was filed before the Fiance visa petition began. The officer took this as part of her fraud suspicion to assume there was no intimate relationship.

Q. Is it your intention to marry Mr. ____ only to bring your daughter so that you both can live in the u.s. legally?

A: Yes. (The CBP officer interpreted this question as part of the sole purpose of her arrival. Strictly coming for the purpose of bringing her daughter to the U.S.)

Q. Were you coming to the u.s to be a domestic employee for Mr. ____ and his ex-wife, who is living with him at this time?

A. Yes, ma'am. (I freaked when I saw this, but she swore she never gave the Yes answer and it was the CBP officer who falsely wrote her own answer and not the one given)

Q. How much money did Mr. ____ offer you?

A: I don't understand. I will work for him and for myself. (She replied "I don’t understand because she already told her “I am not coming to be a domestic employee. And if I don’t have enough money I can always get a job.” )

Q: Were you going to work for free?

A: No, he was going to pay me but I am not sure how much (My fiancé NEVER said No to this question & never said "he was going to pay me", this statement is UNTRUE! This question was never asked and the answer was fabricated by the officer)

Q: Did he give you details of when he was married and why he divorced his prior wife's?

A: No ma'am.( The officer did not say prior wife, officer said 1st wife from 25 yrs ago which she did not have the information. I assumed this question would further enforce the CBP’s suspicions of a fraudulent relationship)

Before the interrogation began the CBP officer advise her the session will be recorded. But I was never able to obtain this recording and kept calling the complaint dept. asking them to review the recording with her actual given answers.
I still do not understand the role of the CBP complaint dept. in Washington. If my complaint was dismissed then what is their purpose or role?

Finally to get rid of my nagging they suggested I file a redress complaint with Homeland security.
This is the only real help I received as I quickly learned the Dept. of Homeland Security investigates wrongful entry denial issues.

After filing another complaint and sending them all the forms, notarized statements, and proof we were put on a waiting list for an investigation.

This again is no quick process, after 100 day wait I was told they will start and come to a resolution within the next 30 days.

The CBP is a large enforcement group with many good dedicated officers making sure our country remains protected from the bad people. It’s a shame there are some who do not follow the U.S. laws, procedures, and guidelines as we came into contact with one of their bad apples.
It’s a further shame the bureaucracy and incompetence of the CBP to enforce and follow through complaints is discarded into the unknown.

We have waited so long to be together and now precious time we could use is being lost that we will never recover.
This has caused an emotional & financial strain on my life with unexpected, legal & travel expenses, loss of work, and loss of health. To date my fiancé is unable to be re-employed after quitting her job.
A situation such as this should never have to happen for anyone abiding honestly by the immigration laws.

I would advise everyone to stay away at all costs from CBP officer’s Lorraine Tapia and officer Lau stationed at LAX airport. You should avoid confrontation with them if possible.

Finally after a long 5 month wait I received a response from DHS redress dept. My hopes for a proper investigative resolution were shattered upon the receipt of the letter. This was another boiler plate response with an added paragraph stating the CBP would also send me a letter shortly and the case was closed by DHS without any positive conclusions.
Next day the CBP letter came with a paragraph describing the duties of the CBP and a reason why my fiancé had been deported. But all my complaints were ignored and not identified in either letter.
I realized dealing with the government and bringing the injustice to the surface was just a waste of time. My complaint was ignored and the officers’ cruel behavior was covered up by the officials. Our future we had planned and waited for so long was destroyed. The only option now was to start a new plan from the beginning and try again, meanwhile losing another 1 to 2 years of waiting while being separated.

Other CBP Complaints:

Lopez-Venegas v. Johnson
Deceptive tactics used by Border Patrol agents and ICE officers to convince noncitizens to accept “voluntary return.”

The complaint alleged that Border Patrol agents and ICE officers have a pattern and practice of pressuring undocumented immigrants to sign what amount to their own summary expulsion documents.

FTCA Administrative Complaints against the United States

On various dates in early 2013, four women were apprehended at the United States Texas border by Customs and Border Protection (CBP) agents.
CBP agents regularly asked each of the women to sign documents printed in English, which the women could not read and did not understand. Agents threatened that they would be kept in the holding cell until they signed these documents. These agents also referred to them in demeaning ways, including calling them “bitches.”

Leonel Ruiz o/b/o E.R. v. U.S.

E.R., a four-year-old U.S. citizen, was detained by Customs and Border Protection following her arrival at Dulles Airport.
E.R. was returning home to New York from a vacation in Guatemala with her grandfather.
CBP detained E.R. with her grandfather for the next 20 plus hours, gave her only a cookie and soda during the entire time, and provided her nowhere to nap other than the cold floor.
Although CBP officers had the phone number of E.R’s parents, they failed to contact them for nearly 14 hours, and repeatedly refused her grandfather’s requests to be allowed to call them.

Edited October 3, 2016 by TBoneTX
to remove an apparent last name, twice