Do we need a I-601 waiver for our k1 visa ? hope anyone can help us!!

[Vi Lee 0]

Hello everyone, im new here and I am a foreign fiancee from Taiwan, sorry about my lack of English, hope you guys won't mind about it im here looking for some help im really worried about our situation, if any of you knows something ,anything please help us to figure it out , thank you so so much !!! 

 

To start , My boyfriend and I  are going to apply the k1 visa but we have a problem  ,  back to 2~3 years ago , when I went through the custom I got denied entrying LA and sent back to my country,

because at first they didn't think that i have strong connection with my country even I told them I was here for visiting my boyfriend that's all , they still didnt believe me then so they searched all my stuff and they found some pictures of marijuana in my phone , so I admitted that I smoked marijuana couple times before when the last time I visited my boyfriend in LA.

so they took me to the small room and questioned me about everything, I told the officer that I thought it was part of the experience thing when visiting LA,i didnt know its illegal.. he told me that under the federal law it is, its different from the states law..

 

The officer he was kind to me, he told me that he understood my situation and he even said that it seemed like im okay , but still can't let me in because of the marijuana thing.

before LA, I made a stop in Australia , and before Australia I traveled to Italy,  so the officer even asked a taiwanese officer to help me get on a plane back to Taiwan for free , they said usually they only send ppl back to where the last destination they were at , and then you have to buy the ticket for flying back to your country !  I guess I was kinda lucky.. ugh , I was so freaked out  during the time when I was there , it was like the worse nightmare iv ever had in my life..

 

anyway , at the end they canceled my ESTA visa and   

wrote down this in my passport -->   212(a)(2)(A)(i)(II)  &  212(a)(7)(A)(i)(I)   

a stamp -->  ( Refused in accordance with INA section 217.   R27159 )            

 

but no charges or others ,not even gave me any documents they just told me that I have this record with me from now on , they said I still can visit USA , just need to apply a wavier or something!

what does this information mean? 

  

it bothers us so much, should we hire a lawyer and do we still need a waiver for k1 visa ?  will it be difficult for us to get the approval of k1?   

we simply just wanna be with each other and start the life, my boyfriend (U.S citizen) has been visited me for 6 times, before I visited him 4 times.. 

if you know or heard something please help us , super grateful from the bottom of my heart !!!!!!

Edited November 18, 2017 by Vi Lee

[milimelo 4,578]

The first one is for your drug use so you'll need a waiver and the second one is for being an immigrant without proper paperwork (immigrant visa). 

You won't be able to file for the waiver until you have your interview and even then your fiancé will have to prove hardship on him if you're not let in. 

[geowrian 22,338]

212(a)(2)(A)(i)(II) is with regards to inadmissible aliens due to criminal grounds (specifically drugs here):

"a violation of (or a conspiracy or attempt to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)), is inadmissible."

 

212(a)(7)(A)(i)(I) is with regards to aliens attempting to enter without the appropriate visa or other travel document. In this specific case, it's having suspected immigrant intent (i.e. fear you won't leave the US or would violate status in the US) and entering with an ESTA.

"who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a)"

 

It sounds like you only had a voluntary withdrawal of your application for entry, and not a expedited deportation. As such, I think the waiver would only be needed for the drug offense. You will know for sure after the visa interview...if an I-601 is needed, you can apply for it at that time (not sooner).