UK Bf denied entry to US/K-1 Info

[TransAtlanticLove 31]

Hi all!

I love these forums, they have been an immense source of information for myself and my partner for the last 2 years but this is my first time posting. I'm hoping you guys might be able to help or offer and advice on our situation.

My bf and I met online in August of 2015. He came from the UK to visit me in October 2015 for a week and it was love at first sight. I then went to the UK later that month and stayed until February 2016. During my time in the UK we successfully applied and received a B/1 visitor visa which is what he used to come back with me in February for 6 months.

We applied for and were granted an extension of 5 months (January 1, 017). Unfortunately he got sick and then tried to move his ticket unsuccessfully on his current flight. All the seats were booked, etc and the first real flight he could take was on January 9, 2017.

Fast forward to this month on May 4, 2017 when he attempted to come visit me again for 2 weeks with a return ticket.

He was detained, his passport was taken and I was not allowed to see him. From 6pm to midnight he was kept (after they told me he was being found inadmissible for the 8 day overstay) and moved to a detention center. He was handcuffed, strip searched twice, kept in a cell, etc etc VERY traumatic experience! 

I immediately caught the flight he was on to return with him to the UK for moral support. Regardless of all of this, he was planning to propose on this trip (though he had all intentions of going back to the UK and he did not have a ring nor make this known to the CBP). They said he was not banned but he can no longer visit the US without a proper visa, not even on ESTA (unless I'm assuming he reapplies)

He just proposed last week!  Now, we'd like to try and start the process to apply for a fiance visa for him to come to the US and be with me.

My main question is, will this be possible? With his overstay of 8 measly days and a revocation of his visa and ineligibility to use the Visa Waiver Program, will we still be able to apply for a fiance visa? As far as we were told he isn't banned for any amount of time but I do know this sort of thing has an affect on future visas, etc.

Any assistance, ideas, experience, support, or useful information would be greatly appreciated.

Thanks everyone!

[Jojo92122 1,924]

You should have no problem with a fiancee visa.

 

The reason he was denied entry was that he spent almost a year in the US and he tried to come back after a brief trip to the UK.  CBP sees this as living in the US on a visitor visa which is illegal.  He's spending most of his time in the US.

[Unlockable 7,314]

Yes, you can still certainly apply for a fiance visa. His previous denial of entry will likely not impact your case. Take some time and review the guides to get a better idea on the process.

 

Guide --->http://www.visajourney.com/content/k1guide 

Flow chart --->http://www.visajourney.com/content/k1flow 

Tips ---> http://www.visajourney.com/content/k1tips

 

 

You may want to also look into the spousal visa and compare the benefits of that to the fiance visa.

Edited May 22, 2017 by NuestraUnion

[Boiler 45,541]

What did they put in his passport?

[yuna628 9,677]

Why after obtaining a B visa and overstaying that visa, did he attempt to enter using the VWP? His VWP privileges would have been shot at that point... did he lie on his ESTA about overstaying a previous visa? Mentioning an overstay should have triggered a denial on the ESTA. No he cannot come back without a proper visa and no he can never use the VWP ever again. He couldn't use the VWP before this, and should not have attempted it. Which airport was this at? Dulles or BWI?

 

Seems as if he was trying to live a large part of his life in the US... so it would be best if you explored options such as a K1 fiancé visa or spousal visa. You can continue to visit him in the UK, provided they allow you to keep doing so. Be aware that there is never any guarantee of entry for yourself either.

 

 

Edited May 22, 2017 by yuna628

[TransAtlanticLove 31]

Thanks everyone.

 

Let me try and answer a few questions:

 

In his passport, they crossed through his visitor visa and wrote a series of numbers in it, which I assume means something to them on the admin side. 

 

All this took place at BWI

 

He was coming back for 2 weeks because our birthdays are a week apart and we wanted to spend them together. This was after being out of the country for 5 months. 

 

He overstayed not on purpose but as I mentioned when he got the extension for another 6 months it ended on January 1st 2017 and the tickets on his same flight (just changing the ticket) were sold out for the first 4 days of the year. So he booked the next one he could which caused the 8 day overstay.

 

We talked to a lawyer but they weren't much help. I just was wondering if anyone thought it would hinder our K-1 visa process or if it'd be rejected or something along those lines. But it seems like it won't be too much of a deterrent.

 

Edited May 22, 2017 by Girljinxed18

[geowrian 22,337]

2 minutes ago, Girljinxed18 said:

In his passport, they crossed through his visitor visa and wrote a series of numbers in it, which I assume means something to them on the admin side.

Yes, but it also may mean something to the people here. It is normally the code used for the denial.

 

2 minutes ago, Girljinxed18 said:

He was coming back for 2 weeks because our birthdays are a week apart and we wanted to spend them together. This was after being out of the country for 5 months. 

 

He overstayed not on purpose but as I mentioned when he got the extension for another 6 months it ended on January 1st 2017 and the tickets on his same flight (just changing the ticket) were sold out for the first 4 days of the year. So he booked the next one he could which caused the 8 day overstay.

He was in the country for almost a year though, right? The general minimum is to be out of the country at least as long as you are in it. A general rule of thumb is to spend twice as long outside the US as in it to be safe.

 

Overstays on purpose vs by accident really don't matter for immigration. It's never wise to plan to leave right at the end of your permitted stay precisely because things can come up. This is water under the bridge now, but I wanted to make that point for others who may be reading in the future.

 

2 minutes ago, Girljinxed18 said:

We talked to a lawyer but they weren't much help. I just was wondering if anyone thought it would hinder our K-1 visa process or if it'd be rejected or something along those lines. But it seems like it won't be too much of a deterrent.

Correct - he should not have a ban (albeit knowing what was written may help confirm this) and therefore it won't impact his K-1 process.

[Wuozopo 4,293]

His overstay and playing the system for a year would not affect his K1. He could be ineligible for other reasons...you not earning enough income, him having arrests or cautions, using drugs, etc.

[TransAtlanticLove 31]

45 minutes ago, geowrian said:

Yes, but it also may mean something to the people here. It is normally the code used for the denial.

 

He was in the country for almost a year though, right? The general minimum is to be out of the country at least as long as you are in it. A general rule of thumb is to spend twice as long outside the US as in it to be safe.

 

Overstays on purpose vs by accident really don't matter for immigration. It's never wise to plan to leave right at the end of your permitted stay precisely because things can come up. This is water under the bridge now, but I wanted to make that point for others who may be reading in the future.

 

Correct - he should not have a ban (albeit knowing what was written may help confirm this) and therefore it won't impact his K-1 process.

Thanks for the clarification. We didn't know if it'd matter how long he was out as long as it was a short visit. We tried waiting 6 months and then figure our birthdays would be a good reason to see each other again. And neither of us has a criminal record or anything of that sort.

 

For those interested the numbers written are:

22 CFR 41.122 (h)(3) (2009 04 MAY 2017, BAL)

 

If that means anything to anyone feel free to say. I realize the one is the date he tried entering again.

Edited May 22, 2017 by Girljinxed18

[Ash.1101 1,756]

Those numbers simply mean the visa was revoked physically by an immigration officer.

https://www.uscis.gov/ilink/docView/22CFR/HTML/22CFR/0-0-0-1/0-0-0-500/0-0-0-1928.html#0-0-0-357

"(h) Revocation of visa by immigration officer. An immigration officer is authorized to revoke a valid visa by physically canceling it in accordance with the procedure prescribed in paragraph"
"(3) The alien is notified pursuant to INA 235(b) by an immigration officer at a port of entry that the alien appears to be inadmissible to the United States and the alien requests and is granted permission to withdraw the application for admission;"

So just as a note from their point of view, he came in once, and then extended it, and then STILL overstayed. They have no reason to trust him again, ESPECIALLY since he was only out of the country for 5 months.

It being his fault or not, just note that they will view it as his fault no matter what because since he was granted an extension, he would have had PLENTY of time to get another ticket and get out. He waited to long, which yes was a mistake, but still considered his fault.

But yes, as long as there is no ban, and there shouldn't be, ya'll can do the K-1 visa. Just make sure if/when they ask about this that he tells the truth.

Edited May 22, 2017 by Ash.1101

[geowrian 22,337]

10 minutes ago, Girljinxed18 said:

Thanks for the clarification. We didn't know if it'd matter how long he was out as long as it was a short visit. We tried waiting 6 months and then figure our birthdays would be a good reason to see each other again. And neither of us has a criminal record or anything of that sort.

 

For those interested the numbers written are:

22 CFR 41.122 (h)(3) (2009 04 MAY 2017, BAL)

 

If that means anything to anyone feel free to say. I realize the one is the date he tried entering again.

Thanks for the update!

 

How long somebody overstays does matter. Less than 6 months has no ban, but it's still an overstay. 6-12 months is a 3 year ban. 12+ months is a 10 year ban.

 

Sounds like it was just a denial and no other cause was given, so there shouldn't be an issue with a K-1 visa.

[shell20 746]

if he is a British Citizen why did he apply for a B1 visa and not use the ESTA? 

[geowrian 22,337]

1 minute ago, shell20 said:

if he is a British Citizen why did he apply for a B1 visa and not use the ESTA? 

I'm assuming he wanted to stay beyond 90 days.

[shell20 746]

Just now, geowrian said:

I'm assuming he wanted to stay beyond 90 days.

Interesting. I did not you could use a B1 for that. I guess because I have never applied for one.

[Mollie09 1,543]

Overstaying canceled his tourist visa, did he try to enter using ESTA?