B1/B2 cancelled, can I apply for k1?

[Isabella3 10]

Hi ... I've read some answers about k1. but I have a question:

 

This is my case, I am Mexican my visa was canceled when I tried to cross. The official asked me went to the office because I had crossed the bridge with a citizen.

They interviewed my friend and then me. I was constantly crossing, my last time I was there for a month, the officer started asking me questions, including that if I had worked in the United States and I answered the truth. I said yes, for a couple days. So he said that I broke the laws. 

He cancelled my visa with the code I-275 212(a)(7)(a)(i)(i) and I return to Mexico.

do I need a waiver? Can I apply for k1? Or I need wait for the time ( 1 year ban)?

 

I appreciate your support

Edited August 10, 2017 by Isabella3

[Coco8 1,042]

Waivers take a long time so if they told you about a one year ban, it is better to wait it out.

 

Do you have 1 year left? Are you sure it was just 1 year?

 

Rather than a fiance visa, you can apply for a spousal visa if you guys get married. The marriage visa takes 12-14 months and you don't have to wait until you are done with the ban to apply. The ban will be over when you have the interview at the consulate, so you won't have any problems there.

 

The fiance visa does not seem good for you because it seems that you need to work. K1 does not allow to work until 4 months after the marriage. I doubt you can wait that long. The spousal visa allows you to work from the moment you get to the US.

[Isabella3 10]

I know is weird... because all the ban are for 5, 10 years. The official said 1 year.

 

i crossed every 3 weeks or month and be there for 2-3 days, because I live close to the border. I always worked in Mexico, but my last time i been there for a month and my friend asked me help and she paid me. So I said that to the official. That's why he cancelled my visa, again in working in Mexico 

 

[geowrian 22,338]

I-275 is a withdrawal of application for admission. Working in the US without authorization is a big no-no....it sounds like they didn't actually deport you, luckily. That would require a waiver (expensive and adds another 7+ months to whatever process). As-is, I don't think you have a ban...so I'm curious where the 1 year bar comes into play. Can you elaborate a little more on exactly what was said? I'm not sure what a 1 year bar would be for...?

 

Either way, if you do have a bar, it won't come into play until a K-1 would otherwise be approved, at which point you could apply for a waiver (albeit there's very little chance one would be approved in under a year after going through the visa process). And I second a CR-1 (spousal) visa.

 

K-1 ETA: 6-8 months on average

CR-1 ETA: 12-14 months on average

Edited August 10, 2017 by geowrian

[Boiler 45,949]

Might come up at the interview for a K1, unlikely to have an impact.

[Isabella3 10]

25 minutes ago, geowrian said:

I-275 is a withdrawal of application for admission. Working in the US without authorization is a big no-no....it sounds like they didn't actually deport you, luckily. That would require a waiver (expensive and adds another 7+ months to whatever process). As-is, I don't think you have a ban...so I'm curious where the 1 year bar comes into play. Can you elaborate a little more on exactly what was said? I'm not sure what a 1 year bar would be for...?

 

Either way, if you do have a bar, it won't come into play until a K-1 would otherwise be approved, at which point you could apply for a waiver (albeit there's very little chance one would be approved in under a year after going through the visa process). And I second a CR-1 (spousal) visa.

 

K-1 ETA: 6-8 months on average

CR-1 ETA: 12-14 months on average

I know is weird... because all the ban are for 5, 10 years. The official said 1 year.

 

i crossed every 3 weeks or month and be there for 2-3 days, because I live close to the border. I always worked in Mexico, but my last time i been there for a month and my friend asked me help and she paid me. So I said that to the official. That's why he cancelled my visa, again in working in Mexico 

 

[Isabella3 10]

28 minutes ago, geowrian said:

I-275 is a withdrawal of application for admission. Working in the US without authorization is a big no-no....it sounds like they didn't actually deport you, luckily. That would require a waiver (expensive and adds another 7+ months to whatever process). As-is, I don't think you have a ban...so I'm curious where the 1 year bar comes into play. Can you elaborate a little more on exactly what was said? I'm not sure what a 1 year bar would be for...?

 

Either way, if you do have a bar, it won't come into play until a K-1 would otherwise be approved, at which point you could apply for a waiver (albeit there's very little chance one would be approved in under a year after going through the visa process). And I second a CR-1 (spousal) visa.

 

K-1 ETA: 6-8 months on average

CR-1 ETA: 12-14 months on average

He said 1 year because I said the true, but I don't know I he said that your for made me feel better.

and I ask a multiple times about my ban. He repeat 1 year 

[geowrian 22,338]

3 minutes ago, Isabella3 said:

I know is weird... because all the ban are for 5, 10 years. The official said 1 year.

 

i crossed every 3 weeks or month and be there for 2-3 days, because I live close to the border. I always worked in Mexico, but my last time i been there for a month and my friend asked me help and she paid me. So I said that to the official. That's why he cancelled my visa, again in working in Mexico

Hmm...he may have said that but I'm not convinced there is a ban here. Either way, your fiance is free to file an I-129F for you, or get married and do a CR-1 instead. You don't need to wait for the (possible?) bar to pass to do so. And as noted above, they may ask you about it but it's not a cause for a refusal (well, obviously unless it's within 1 year, then you can just wait our the bar and it can be approved).

Edited August 10, 2017 by geowrian

[Boiler 45,949]

Does it matter, by the time anything comes up you will be there or thereabouts.

[Isabella3 10]

2 hours ago, geowrian said:

Hmm...he may have said that but I'm not convinced there is a ban here. Either way, your fiance is free to file an I-129F for you, or get married and do a CR-1 instead. You don't need to wait for the (possible?) bar to pass to do so. And as noted above, they may ask you about it but it's not a cause for a refusal (well, obviously unless it's within 1 year, then you can just wait our the bar and it can be approved).

But I need a waiver?

2 hours ago, Boiler said:

Does it matter, by the time anything comes up you will be there or thereabouts.

Mmmm I'm confuse. Can I apply or I need wait?

[geowrian 22,338]

13 minutes ago, Isabella3 said:

But I need a waiver?

Mmmm I'm confuse. Can I apply or I need wait?

1. If you don't actually have a bar, then everything below is moot.
2. If you apply for a K-1 or CR-1, attend the interview and would be approved but still had a bar, then you would be refused the visa until either:
   1. The bar has expired
   2. You obtain a waiver

The waiver, if you have a 1 year bar, would almost certainly take longer than waiting out whatever time is left of the bar. So I would not even go down worrying about that route. Just have your fiance start the process and go from there...no need to wait.

Edited August 10, 2017 by geowrian

[Going through 5,671]

Just curious...I wonder if a person can contact the CBP to inquire if they actually DO have a ban, and if so for how long?

Did they give you any papers to sign, or record anything in your passport?

Edited August 10, 2017 by Going through

[Isabella3 10]

1 minute ago, Going through said:

Just curious...I wonder if a person can contact the CBP to inquire if they actually DO have a ban, and if so for how long?

Did they give you any papers to sign, or record anything in your passport?

Hi, I don't know. You can ask for the FOIA they "explain" your case or if you have another problemas ma with the FBI

[ConOfficer 167]

There's no such thing as a one year bar under the Immigration and Nationality Act.

 

212(a)(7)(a)(i)(i) is expedited removal, 5 year bar. Won't have any affect on K1 petition, but you would be refused at the interview in Juarez pending a waiver or expiration of the bar. 

[Isabella3 10]

40 minutes ago, ConOfficer said:

There's no such thing as a one year bar under the Immigration and Nationality Act.

 

212(a)(7)(a)(i)(i) is expedited removal, 5 year bar. Won't have any affect on K1 petition, but you would be refused at the interview in Juarez pending a waiver or expiration of the bar. 

Can I apply the waiver before my interview or I need to wait?