K1 Visa overstay in USA fiance

[RosayALEX 4]

My fiancé overstay for 3 month in USA, he left the country voluntary but when he tried to re enter they cancel his visa for 5 year . I have submitted his `petition as fiancé since October .

We have a solid relationship but I am afraid they denied his visa even though the officer that  denied his visa told him that I need to ask for him so we can be together again .

Thank you 

[designguy 1,179]

21 minutes ago, RosayALEX said:

the officer that  denied his visa told him that I need to ask for him so we can be together again

Not sure what you mean with asking for him. You have filed a petition for him which is the only thing you can do.

[payxibka 10,045]

1 hour ago, RosayALEX said:

My fiancé overstay for 3 month in USA, he left the country voluntary but when he tried to re enter they cancel his visa for 5 year . I have submitted his `petition as fiancé since October .

We have a solid relationship but I am afraid they denied his visa even though the officer that  denied his visa told him that I need to ask for him so we can be together again .

Thank you 

They canceled his visiting Visa because of his overstay.   He needs the correct visa, which a k1 is one of them 

[RosayALEX 4]

Thanks for your reply. Yes I filed the K1 Visa but if his visa B2 is already denied , will that be a red flag and probably get denied for the fiancé visa ?

Thank you in advance 

[geowrian 22,337]

1 hour ago, RosayALEX said:

My fiancé overstay for 3 month in USA, he left the country voluntary but when he tried to re enter they cancel his visa for 5 year . I have submitted his `petition as fiancé since October .

1) His visa was canceled the moment he overstayed even 1 day. This is automatic as stated in the INA.

2) Do you mean he got an expedited removal? That's would explain the 5 year remark as that is a 5 year ban on any US visa, and can apply if you show up at POE trying to enter without a valid travel document, like he did.

 

1 hour ago, RosayALEX said:

We have a solid relationship but I am afraid they denied his visa even though the officer that  denied his visa told him that I need to ask for him so we can be together again .

If he did get an expedited removal, then he needs a waiver to have any visa issued prior to the 5 years.

A standalone I-212 can be filed at any time. If he needs an I-601 as well, then that can only be filed after being refused the K-1 visa.

[Boiler 45,493]

When did this happen?

[RosayALEX 4]

In the paper he got said  that he have been found inadmissible as an arriving alien in proceedings under section 235 b or 240 of the act?

 

 

 

[RosayALEX 4]

This happen this year in October . I also read in his determination of inadmissibility was under section 212(5) ( C) (ii ) 

[RosayALEX 4]

Disregard my last post .

This is what I meant 

[RosayALEX 4]

 

How can this affect my K 1 petition fro him . Do i need a lawyer ?

 

[geowrian 22,337]

Sounds like an expedited deportation to me, in which he would need to wait out a 5 year bar to get any visa to the US, OR to have an I-212 approved.

https://www.uscis.gov/i-212

Other inadmissibilities can apply - requiring an I-601 - although nothing stated thus far implies they do (i.e. misrepresentation at POE being the big one).

[RosayALEX 4]

Quote

He was not deported because he left the country , that happened when he tried to come to visit me . he had his visa an passport in order . 

 

[Boiler 45,493]

Did he get a new visa after the other one was voided due to the overstay?

[RosayALEX 4]

no, they just didn't let him entry USA at that time and cancel his visa . Although the officer mention that he could enter again once a do the petition, that the visa cancelation was due his 3 months overstay .

My questions is if I do I need to file the I 212 before we have the interview or should wait after this and hope for the best we got approved .

Thank you in advance for your replies . 

[geowrian 22,337]

41 minutes ago, RosayALEX said:

He was not deported because he left the country , that happened when he tried to come to visit me . he had his visa an passport in order . 

I understand he was not deported when he left after his overstay. Expedited removal happens at POE all the time, though.

The visa was invalid the moment he overstayed.

Edited December 22, 2019 by geowrian