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Filed: K-1 Visa Country: Canada
Timeline
Posted

Hi there,

I am about 2 months away from my Fiance Visa Interview, my petition has been approved. Back in June I was crossing the boarder in my car to visit my fiance in the US for the summer with a few bags packed. I was honest about how we had started our paperwork for the visa and would be living there eventually. They red flagged my passport and denied me entry to the US because it looked like I was trying to illegally move there. They told me until I have proof of status and my visa in hand that I would not be allowed back in. This was very upsetting but we stayed strong and our still together. I spoke with a lawyer and he told me that the US consulate will be well aware of this prior to my interview, not to bring it up unless they ask about it, if they do I should be WELL prepared to explain what happened and he mentioned perhaps showing some paperwork/proof to back myself up. Obviously he wouldn't help me further until I paid him $995!! Anyway has anyone gone through this or can anyone give me any advice on what to prepare for. I have a CLEAN background other than this, it was an honest mistake and terrible luck. I will have all the paper work i need for the interview and feel 110% prepared for any questions, this situation though is a grey area for me. Tips?

Filed: AOS (apr) Country: Jamaica
Timeline
Posted (edited)

Maybe I'm missing something but, I'm failing to see your "mistake". Anyone can be turned away at the border at any time. So, you did the right thing by being honest and telling CBP the truth. They made the decision to turn you away until you obtained your visa. So that is what you have done...getting a visa. If they ask about it at your interview be honest, short, and to the point. I really don't see the issue. Again, unless I'm missing something.

Please save that $995 for something else!

Edited by LionessDeon
Filed: K-1 Visa Country: Canada
Timeline
Posted

Thank you so much for your reply! The mistake was that 3 weeks before this happened we had sent in our petition but were not thinking straight and aware of how big this process is and did not send in all the supporting documentation for the petition ( I know, so dumb. We were both working and overlooked the major component to the package). Because of this I guess they had scrapped it and it was never put into the system. SO when the border stopped me they tried to find us in the system to see if we did in fact have paperwork pending, and because our petition had not been received it looked like I was lying I guess. It was a complete misunderstanding. You think I will be ok with just being honest about my story? I don't understand what further support I could being to the interview about this topic.

Posted

Don't sweat it. Just be truthful at the interview if they ask you about it. Always be honest in your answers.

"Wherever you go, you take yourself with you." --Neil Gaiman

Filed: Citizen (apr) Country: Argentina
Timeline
Posted (edited)

Thank you so much for your reply! The mistake was that 3 weeks before this happened we had sent in our petition but were not thinking straight and aware of how big this process is and did not send in all the supporting documentation for the petition ( I know, so dumb. We were both working and overlooked the major component to the package). Because of this I guess they had scrapped it and it was never put into the system. SO when the border stopped me they tried to find us in the system to see if we did in fact have paperwork pending, and because our petition had not been received it looked like I was lying I guess. It was a complete misunderstanding. You think I will be ok with just being honest about my story? I don't understand what further support I could being to the interview about this topic.

What you consider to be a mistake, wasn't. You can very well visit while a K1 is being processed. CBP, however, also has a right to turn you around. Your intent is clear now and, as others have said, it should not affect you at all. Just like Lioness suggested, if they ask about it, just tell them the truth the same way you told us. A previous refusal of entry as a tourist or even a rejection of a tourist visa (if you had one) has no impact on a K1.

The lawyer you consulted with seems to be "fluffing" the situation just for $$$... there's no support whatsoever that you should present at the interview. Do not worry in vain.

Edited by Celeste & C
Posted

The reason your passport was flagged is what you're having fixed at the interview. IF the issue comes up at interview, you have a clear, legitimate response.

I'm failing to see the problem.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

Filed: K-1 Visa Country: Canada
Timeline
Posted

Hi everyone thanks for your input it was very helpful and I feel much better about the situation now. A lawyer called me last night and was able to without charge (thankfully!!) let me know that I should be fine as long as i am prepared for the interview. He said if I was not 'barred' from the US for a period of time and did not receive a document upon being red flagged then I am fine and once I have the Visa I can relax.

 
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