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Posted

Hi, I had met a guy 5 years ago online and we started dating online. I had visited the US before and extended my medical visa properly there were no issues. I planned to go visit this guy and he paid for my trip there. Once I arrived there at the border I called him and I had lost his address. He provided that to me over the phone but he seemed shaky for some reason. I was on a tourist visa and I was just planning to visit him and see where things went. This guy let's call him J. J told me that he would like to help me get a job too. I was perfectly fine with that, I wasn't expecting a job offer though just a few months of away time from my family. J told me he would be able to help me there for 6 months or so. I went to the border officer and when asked for the reason of my visit. I said I was there to visit a friend and they asked how long I said almost six months I wasn't sure. I was appearing for an online exam in a few weeks that J was going to be helping me with so I bought my programming books along with me. When the immigration officer called J up, J panicked and said that I was looking for a job which wasn't true. I told the officer that J was lying because he said that he would speak to a few people about me but I wasn't expecting a job and if I even got a job I had made it very clear that I would go through the right channels. They didn't believe me and I kept telling them that he was lying but to no avail. After all this, they gave me an option of banning me for 2 years and putting me on the next flight home. I told them I didn't want to go home at the moment and I would rather speak to a judge about it because the officers were being very hostile with me. The officers said that I couldn't speak to a judge until I filed a case of asylum this was at IAD airport. So I did it I filed for asylum not knowing what it meant they asked me a bunch of questions and tricked me into saying yes that I was afraid of going back to my country or else I wouldn't be able to speak to anyone else. I didn't realize I was going to be detained and arrested. I've never been in trouble before. J stopped receiving my phone calls. I then realize that J was having an affair behind my back and stiffed me. I took my asylum case back once I realized what was happening. I was told I was going to be barred for 5 years. But no where on my passport does it say this. There is no stamp that shows that my status is barred. I just got my visa cancelled. I spoke to the US embassy in my city and they said that they do not see me as barred and I could apply for my visa of choice. I met my fiance almost a year ago and we met a couple of times and he traveled to my country to meet me and get engaged to me. He filed for the K1 visa I'm just wondering whether all of this is going to affect my k1 application? All it says on my visa is ER CFI (Expedited removal - Credible fearing individual/interview) I didn't go through the process of the asylum I was returned home in a few days.

Posted

The 5 year bar is in place since you went through expedited removal. This is documented on your visa (but would still apply even if it wasn't).

 

A waiver for the inadmissibility should be available if you are otherwise eligible for the visa. They then refuse the visa and offer the ability to file for the waiver at that time. Waivers are not guaranteed to be approved.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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