B2 been revoked amd want to apply for K1

[CHLOEEEEE0426 0]

Hello everyone

i'm new to this site, my fiancee been deported last week.

she was taking B2 visa, and the CBP officer revoked her visa under 22 CFR 41.122(e)(2)or 22 CFR 41.122(e)(3),

the officer looked into her phone and found out our weeding will be 8 Months after, and she was doing online import and export while she is taking B2 in the US last year.

the CBP officer told her there is no 5 year ban, and she can apply for K1, and the paper she signed with has"your B1/B2 nonimmigrant visa will be physically pursuant to section 22 CFR 41.122(e)(2)or 22 CFR 41.122(e)(3)and you need to apply and obtain a new US visa for all your future Entries in to the united States.

so i want to know will the revoked affect our K1 application? thank you, and sorry for my broken English.

[TNJ17 1,329]

If she was deported she will have a ban attached to it. But all it means is you have to file a waiver before the K1. It shouldn’t affect your K1 if the reason she was deported was due to immigration intent and whatnot, not something more serious. You’re gonna need the help of a lawyer to file a waiver then proceed with K1. 

[Starkilla09 366]

There’s a difference between being deported and being denied admission and asked to withdraw your application. In your case your fiancée was not deported but rather denied entry and her visa was revoked. The bad news is getting a new non immigrant visa ( eg visitor or student) will be an uphill battle with such an immigration record. The good news is it doesn’t affect permanent resident visas. She’ll be fine to get a K-1.

[Crazy Cat 42,621]

OP- From what you posted, it sounds to me as though she was denied entry for immigrant intent.  If that is the only reason, then that, in itself, shouldn't negatively affect approval of a K-1.  

[CHLOEEEEE0426 0]

31 minutes ago, TNJ17 said:

If she was deported she will have a ban attached to it. But all it means is you have to file a waiver before the K1. It shouldn’t affect your K1 if the reason she was deported was due to immigration intent and whatnot, not something more serious. You’re gonna need the help of a lawyer to file a waiver then proceed with K1. 

CBP officer:If you are given a chance to withdraw your application for admission in lieu of expedited Removal, with you be willing to withdraw your application for admission today?

and she said yes.

should we still need to hire a lawyer to file a waiver? thank you.

[CHLOEEEEE0426 0]

20 minutes ago, Starkilla09 said:

There’s a difference between being deported and being denied admission and asked to withdraw your application. In your case your fiancée was not deported but rather denied entry and her visa was revoked. The bad news is getting a new non immigrant visa ( eg visitor or student) will be an uphill battle with such an immigration record. The good news is it doesn’t affect permanent resident visas. She’ll be fine to get a K-1.

thank you! so happy to know this.

[CHLOEEEEE0426 0]

41 minutes ago, missileman said:

OP- From what you posted, it sounds to me as though she was denied entry for immigrant intent.  If that is the only reason, then that, in itself, shouldn't negatively affect approval of a K-1.  

CBP officer:If you are given a chance to withdraw your application for admission in lieu of expedited Removal, with you be willing to withdraw your application for admission today?

and she said yes.

is this mean Denied entry?

what about the CBP officer found out she was earning money while she was in the US? will that affect our application?

she was buying stuff from US and selling back to her country.

[Crazy Cat 42,621]

2 minutes ago, CHLOEEEEE0426 said:

1.  CBP officer:If you are given a chance to withdraw your application for admission in lieu of expedited Removal, with you be willing to withdraw your application for admission today?

and she said yes.

is this mean Denied entry?

2.  what about the CBP officer found out she was earning money while she was in the US? will that affect our application?

she was buying stuff from US and selling back to her country.

1.  Sounds like denied entry to me.

2.  The work issue is complicated.  I doubt that the CBP officer could make a determination as to whether it legally met the definition of "working", thus he said "No ban.  You can apply for a K-1"

 

Disclaimer:  I am neither a CBP officer nor an attorney.

[TNJ17 1,329]

Ah then she wasn’t actually deported? If she was coming and they denied her admission then that’s not deportation. Deportation is when the individual is already on US and sent back to their home country. If this is only an issued of denied entry and she doesn’t have any other red flags in her travel history or criminal history then you most likely don’t need a lawyer. 

[geowrian 22,338]

11 hours ago, CHLOEEEEE0426 said:

CBP officer:If you are given a chance to withdraw your application for admission in lieu of expedited Removal, with you be willing to withdraw your application for admission today?

and she said yes.

is this mean Denied entry?

what about the CBP officer found out she was earning money while she was in the US? will that affect our application?

she was buying stuff from US and selling back to her country.

Sounds like she was denied entry (voluntary withdrawal of application for entry). It won't impact a K-1 application.

Unauthorized work would not be a cause for refusal either, so even if they thought she was doing it, it would only be an issue if she made a material misrepresentation (which doesn't sound like it was the case).