K1 visa in London embassy- inadmissibility case

[Aleksandra&Blaise 0]

Hey guys thank you so much for anyone that is willing to contribute to my topic with some similar experience.

 

Me (beneficiary) living in London, UK and my fiancée submitted our petition in August last year. We had it accepted in April, expedited by NVC and received early May the confirmation from my US embassy in London that they received the approved petition.

 

I just sent the DS160 form, booked the medical for 7th June and finally paid and scheduled the K1 visa interview for the 19 th June.

 

All documents gathered, and everything set but there is unfortunately one issue on my account: last year in May I was refused entrance to US at the NYC jfk port of entry and had my visa cancelled with a 5 year ban.

 

On our approved petition copy that the embassy sent to me among the notes we got a “beneficiary might need waiver”.

 

I am pretty confident about all documents and formalities we gathered, not to mention that our relationship is by all means 100% genuine. It’s just now bit of stress sets in as we were separated since last year and it was hard not to see my other half. Excruciating pain might be the right expression. 

 

Id like to know if anyone had experienced such circumstances and I’d love to hear about the outcome, and if the interview differed much from the regular K1 without any “scratches” on the accounts.

 

Last, to mention I had never had problems with police etc, worked, paid taxes, travelled quite a lot for leisure and resides in uk for 7 years with permanent residency.

 

Oh, the article that I was removed from US was the 212 a 7 a 1 I .

 

thank you guys appreciate your replies 🙂🙂👍🏻

[EandH0904 1,184]

It may depend greatly on why you were refused admission. 

Under 212-a-7-a-ii it states it's for "The beneficiary is an immigrant who at the time of application for admission is not in possession of any valid unexpired travel document" 

 

Did you not have any kind of VWP, B1/B2, etc - how were you attempting to enter the United States and what caused you to have your visa cancelled?

Most of the time entrants are given the opportunity to simply withdraw their petition, but you had your visa cancelled instead, is what you are saying. 

 

According to the USCIS website, and from my knowledge of others' cases on here, you can only file a waiver AFTER your K1 visa has been denied - so you may have to wait until June. 

https://www.uscis.gov/sites/default/files/USCIS/About Us/Electronic Reading Room/Customer Service Reference Guide/Inadmissibillity_and_Waivers.pdf

 

 

[TNJ17 1,329]

Hmmmm it depends on why you were denied admission and if you actually did trigger a ban. If you were denied entry because they suspected you had immigrant intent you shouldn’t worry too much. Just file the waiver and you’ll be ok. 

 

Usually no admission doesn’t trigger a ban and as long as you answered that question truthfully in the application you should be fine. However, if you did trigger a ban, they will inform you at your interview and tell you you can file a waiver and then you go from there. It will just take longer. 

[TNJ17 1,329]

Also yeah you can’t do anything before the interview. This all takes place after they don’t approve your K1 at your interview. 

[Aleksandra&Blaise 0]

Hey guys, thank u so much for such quick reply.

 

yes I did travel to Us many times since 2015 when I got my B2 tourist visa.

 

The officer cancelled my visa on exactly the article You quoted because he found on my phone text msg about work. I did not lie so there is no issue of misrepresentation or further consequences and even the officer lady at the jfk who ordered my removal said that I could still be back once we decide to get marry and file the fiancée or marriage papers.

 

As u mentioned from what I understand the final decision will be left to the consular officer at the embassy. 

 

I still decided to open open the thread in case someone had the same issue.

 

once again appreciate your replies so much, guess I just need to stay strong and wait& see

 

😉👍🏻👍🏻

 

 

Edited May 23, 2018 by Aleksandra&Blaise
Typo

[Aleksandra&Blaise 0]

Oh and one more thing.

 

It was quite hard to find similar cases online even from different countries but I found one on one law firm one stating all the “success stories “ they managed to resolve.

 

It said that in the ban case the law firm sent the K1 petition and at the same time the waiver petition just in case they would need it. Made me think if that really is possible since at that point the banned part is not yet required to have one...? 

 

It said they did so not to waste the time for eventual need to file waiver after. Just if that is a true possibility then it’s just a waste of time I might experience ( but as I said I need to wait for the actual interview to see).