Does She Even Need an I-601 Waiver? (merged)

[roadracer 34]

I am a US citizen by birth, my fiancé lives in Brazil. Before we met, she came to the US twice on a B1/B2, 6 month stays each time spanning 2 different years. The 3rd time she came she was turned away and her Visa was revoked. It was hand written "Revoked Pursuant to 22 CFR 41.122(h)(a)". She was verbally told she would be unable to re-enter for 5 years unless she had a Fiancé Visa but no documentation of that. SO, we are ready to apply for the K1. Will this cause any problems?

[A'n'L 735]

No. The only way a previous non-immigrant visa denial/revocation would have a negative impact is if US overstay or misrepresentation was involved.

[roadracer 34]

I am posting this to the K1 and I-601 forums both. A shorter version was posted  on the K1 forum, which got one response (said not to worry). I am a US citizen engaged to a Brazilian. Everything is in order (I will be mailing the I-129f application package this week) but I have a question about a revocation of her B1/B2 Visa a couple of years ago. I am getting conflicting opinions as to whether this matters or not. Some say don't worry it's not a problem, others say file for a waiver during the I-129f process, some have said that a waiver can only be filed at the interview. Needless to say, the latter would extend the timeline greatly.

Her Visa revocation occurred at a US airport and the reason was not clearly understood by her (she speaks Portuguese). The handwritten note on the Visa says "Revoked Pursuant to 22 CFR41.122(h)(2)....can't read the rest". I've read everything I can find on this and understand that it is likely that the agent felt that she was coming here to work (which she never did). I have been unable to get any direction from USIGS or consulates in the US as to whether this is even a concern (get recorded messages). I have filled out the I-601 - none of the check boxes apply to her: no drugs, medical, overstays, deception, etc. Indeed she had come to the US twice in 2 years with her teenage daughter, the revocation occurred in the third year and she was alone. DHS Form 1-296 "Notice to Alien Ordered Removed/Departure Verification" has the 5 year box checked. There is nothing specific noted. She left voluntarily the same day. It appears rather benign/subjective.  

 

So, leaning on the collective experience and wisdom of this forum, do we need to file an I-601? It's almost $1,000 which I will happily pay if need be to avoid lengthening the timeline. We are an older couple and yet have children age 16 and 19. So time matters  Any and all ideas are appreciated.

[roadracer 34]

I've been reading reviews of the interview experiences in Brazil, 99% very positive. It seems that when the K1 is approved that they cancel the travel visa if one exists. But one is not required to have another type of visa prior to the K1. Is this correct? If so then it would seem that if one had a B1/B2 visa that was either expired or revoked one would not need to get a new one? We are submitting our I-129f this week.

 

Thanks for any thoughts!

Edited May 13, 2017 by Penguin_ie

[A'n'L 735]

No, there's no requirement that you've held any other US visa prior to the K1. You must've met your US fiancé in person, but not necessarily in the US.

[roadracer 34]

My fiancé had her Visa revoked at the Orlando airport last year. There was no reason given to her and she voluntarily got on a plane and returned home to Brazil. We are engaged and I will be mailing the I-129f this week. She is guilty of nothing: no overstays, no deception, no criminal, drug, illegal entry, literally nothing. I have learned that the officials have broad discretion to revoke a visa on the spot which is indeed what happened. We are not seeking that her B1/B2 visa be "revived" insofar as she will be getting a K1 visa.

We don't want to incur the cost and, especially, the time delay. Attorneys want to jump in and complicate the matter, but she simply never violated any statute. Indeed, none of the checkboxes on the I-601 even remotely apply.

 

Wisdom from this awesome community would be highly valuable to us. Thanks!

[Transborderwife 4,666]

She likely just received a withdrawal of application.  What's written on her passport is key here.  They presumed immigrant intent

[geowrian 22,337]

Based on your prior post on this topic (see below), it sounds like she had an expedited removal w/ a 5 year bar.

 

[Penguin_ie 5,993]

***** three topics merged and two more without answers removed.  Please do not post more than once on the same/ similar issues, it is considered spamming. ******

[RetConnOff 17]

Look for a refusal code that begins with ...'INA 235.....' if that appears, one will need an approved I-212...(within the inadmissibility period)