Inadmissibility Question - K1

[SamUK 0]

Wanted to ask the forum a question, as uncertain, prior to reaching out to an attorney.  

 

I was previously found inadmissible in April 2018 at Newark airport as I had been in and out of the US heavily and had admittedly worked on a project during on of my 80 day visits to the USA. Have tried to attach the outcome of the statement of proceedings but was too large. Have written it word for word below:

 

Q - You have been found to be inadmissible under section 212 (a) (7) (A) (i) (I) of the INA, an immigrant not in possession of a valid and unexpired immigrant visa, because you admitted under oath to engaging in unauthorised employment during a prior entry, therefore violating the terms and conditions of the Visa Waver Program and your non-immigrant status. You do not appear to be a bona fide visitor for pleasure and cannot overcome the presumption of being an intended immigrant at this time. Do you understand?'

A - Yes

 

Q - Your application for admission under the Visa Waver Program is being refused and you will be removed from the United States. You are no longer eligible for admission under the Visa Waver Progrsm and will require a valid United States visa for a future application for entry into this country. Do you understand?'

A - Yes

 

I am not aware if I was subject to 'expedited removal' or not. It says removed (I left some 90 minutes after this paperwork was given to me and no further paperwork or information on the matter is outlined within the statement of proceedings). They, as you see above, told me that any re-entry would require a visa and there is no mention of a ban of any duration anywhere else in the I-877 document given.

 

Could I get some advice as to whether this is 'expedited removal' or not? Would there have been other paperwork? I applied for a tourist visa in December 2018 and this was found ineligible under 214(b)

 

My partner (US Citizen) and I recently got engaged and are planning on doing the K-1 visa and wanted to check on whether this is considered expedited removal, although doesn't say as such, before beginning the process. Will speak to a lawyer additionally but would be very grateful for any input that can be provided from experience.

[Boiler 45,994]

Usually people are allowed to withdraw their request for admission, and that has no impact on a future K1, as the focus seems to have been work would not a CR1 be better for you?

[SamUK 0]

Thanks for your reply Boiler. Thats what I'm questioning too. It would just prove difficult due to his parents who are elderly and unable to travel by air for a wedding. All options considered though so thank you for this CR1 suggestion.

 

When I saw an attorney immediately after it happened I was told that this was a good (considering the potential routes they could have taken) outcome and there was no ban nor should I encounter an issue if everything is prepared and submitted in the future accordingly. I've just now seen the word 'removed' and it has concerned me. Does this appear to be expedited removal? Would there have been an additional piece of paper or ER document?

 

Just feeling very anxious and wanting to more clearly understand before seeing the attorney later this week. In some ways, even if a less than ideal and longer process, trying to understand the road ahead for my fiancé and i.

[Boiler 45,994]

Most likely that you were allowed to withdraw your application, it is the easy option for them and seems that they only go to the next step usually if you really take the mick.

 

Only real way of finding out is to at the Consulate interview, that they said 214b for the B and not banned seems to confirm my view.

[SamUK 0]

Thank you Boiler. Really appreciate your time on this.

 

 

[Nat&Amy 623]

Also note that you can always get married in a courthouse anywhere in the world, and have the wedding in the US, at a later time, without having to go through the hurdles that a K1 will entail. Spousal visa = enter the US as a resident. K1 = not able to work, travel abroad or even drive sometimes for 3-6 months.... Plus an additional $1225 for AoS... Many people (including me) will tell you a K1 is a choice they regret.

[SamUK 0]

Thanks for this. Very helpful also.

 

Out of interest. What is the typical time it takes for the CR1 visa? Fully appreciate a few extra months doesn't matter in the grand scheme of things, just good to know and plan for accordingly if that route is the better option.

[Nat&Amy 623]

8 hours ago, SamUK said:

What is the typical time it takes for the CR1 visa? 

You are looking at approximately 12-14 months from beginning to end. K1 oscillates a lot, but these days it seems to be, in average, 7-9 months to get visa in hand. It depends on how fast your petition gets approved, how fast NVC sends your docs to Embassy, etc. But that is pretty much the only thing on which K1 beats CR1: processing times. In all other aspects, K1 is an inferior visa.

 

 

[feito/feita 1]

22 hours ago, SamUK said:

 

Q - Your application for admission under the Visa Waver Program is being refused and you will be removed from the United States. You are no longer eligible for admission under the Visa Waver Progrsm and will require a valid United States visa for a future application for entry into this country. Do you understand?'

A - Yes

 

I am not aware if I was subject to 'expedited removal' or not. It says removed (I left some 90 minutes after this paperwork was given to me and no further paperwork or information on the matter is outlined within the statement of proceedings). They, as you see above, told me that any re-entry would require a visa and there is no mention of a ban of any duration anywhere else in the I-877 document given.

 

 

Generally speaking,  If you were allowed to withdraw your request for admission you were required to purchase a your own ticket to return home.
If you had an expedited removal a ticket was purchased for you,  Did they place any stamp on your passport?

Edited January 22, 2020 by feito/feita
grammar correction

[DaveAndAnastasia 2,096]

22 hours ago, SamUK said:

What is the typical time it takes for the CR1 visa? Fully appreciate a few extra months doesn't matter in the grand scheme of things, just good to know and plan for accordingly if that route is the better option.

You can see the average processing times reported for CR1/IR1 visas by VJ users here: 

at the very end is end-to-end average, 504 days or a little less than 17 months, though note that there's a big variation based on service center there.

The same data for K1s is here: 

 

which is 215 days, or a little over 7 months. While K1s have a lot of disadvantages vs CR1s, I think a lot of posters here tend to minimize the processing time differences.

 

[Boiler 45,994]

45 minutes ago, feito/feita said:

Generally speaking,  If you were allowed to withdraw your request for admission you were required to purchase a your own ticket to return home.
If you had an expedited removal a ticket was purchased for you,  Did they place any stamp on your passport?

OP was on the VWP and therefore would normally have had a return ticket, remote chance of an onward ticket.

[SmallTownPA 72]

On 1/21/2020 at 3:27 PM, Nat&Amy said:

Plus an additional $1225 for AoS.

 

Which you can EASILY spend traveling to see your wife/family or simply supporting them.

 

I would happily give up $1225 to have my fiance with me 6-8 months sooner.

[Boiler 45,994]

My K1 was over a year, we can guesstimate how long a K will take and a CR, I certainly do not agree 6-8 months difference is a reasonable expectation. The one thing we do know for certain are the issues faced by those who go the K1 route.

[geowrian 22,338]

10 minutes ago, SmallTownPA said:

Which you can EASILY spend traveling to see your wife/family or simply supporting them.

 

I would happily give up $1225 to have my fiance with me 6-8 months sooner.

True. K-1 vs CR-1 is a personal decision based upon each couple's individual circumstances after evaluation of the pros/cons.

The problem is most people either don't investigate them or don't mind them proper attention (mostly the cons). They just go with whatever is faster and ignore the drawbacks.

 

A good thread to read:

 

Edited January 22, 2020 by geowrian

[SmallTownPA 72]

22 minutes ago, geowrian said:

True. K-1 vs CR-1 is a personal decision based upon each couple's individual circumstances after evaluation of the pros/cons.

The problem is most people either don't investigate them or don't mind them proper attention (mostly the cons). They just go with whatever is faster and ignore the drawbacks.

 

A good thread to read:

 

 

Most people 'fall back' on the CR1 to overcome a K1 issue, and spend even more time waiting.  I would say, an average person should not have an issue getting a K1 is all the Ts are crossed and Is are dotted.

 

Most of the ppl who post here never post the documents that you would need to see to actually get to the root cause of a k-1 denial.

 

For every 'My fiance's K1 was denied' we never see the paperwork and we will NEVER see the USCIS/DoS notes. 

 

It wouldn't surprise me that the NVC will flag a file, ship it to the Consulate just to have THEM reject the applicant.  Look at the top of the first page on the I-129F... Action Block?  'Field Investigation'?  What codes can be put in there? 

 

As for the cited thread.. something is not being told.  The CO denied based on not a bona fied relationship.   How would they ever come to that conclusion at the consulate?

 

I have become a bit skeptical of posters when they say they have no idea why the K1 was denied while at the Consulate.