K1 Visa Application After Deportation

[brandon stone 9]

Hi everyone,

 

My fiancé was sent back to Brazil after entering the country on a tourist visa because they believed she entered with intentions so stay. After this, we applied for the K1 and our case has since been approved by USCIS. Should at some point she submit a I212 form or is this irrelevant? 
 

any help would be appreciated! 
 

thank you

[JFH 12,191]

Sent back how? Was she actually deported or was she given the opportunity to withdraw her request to enter the country? 

[brandon stone 9]

She entered the country, was held up at immigration in the airport, they determined she was going to stay and adjust her status with the wrong visa, and had to exit the US while she was in immigration. Not sure if that answers your question but hopefully it does. 

[brandon stone 9]

11 minutes ago, JFH said:

Sent back how? Was she actually deported or was she given the opportunity to withdraw her request to enter the country? 

And her tourist visa was canceled 

[JFH 12,191]

8 minutes ago, brandon stone said:

She entered the country, was held up at immigration in the airport, they determined she was going to stay and adjust her status with the wrong visa, and had to exit the US while she was in immigration. Not sure if that answers your question but hopefully it does. 

OK so she wasn’t deported. Deportation happens after you have been admitted to the country and you either overstay or commit a crime and your case goes before a judge who orders your removal. Being turned away at the airport is not a deportation. Essentially they gave her the opportunity to turn around, go home, and avoid any issues. 

[brandon stone 9]

3 minutes ago, JFH said:

OK so she wasn’t deported. Deportation happens after you have been admitted to the country and you either overstay or commit a crime and your case goes before a judge who orders your removal. Being turned away at the airport is not a deportation. Essentially they gave her the opportunity to turn around, go home, and avoid any issues. 

Ok awesome! Your help saved us so much stress and aggravation. Seriously. Also while I have you, she had a J1 visa prior to entering the country that expired (as an au pair). Does she have to wait two years in her country before she is issued a fiancé visa or does that not apply to us in our case? 

[JFH 12,191]

Just now, brandon stone said:

Ok awesome! Your help saved us so much stress and aggravation. Seriously. Also while I have you, she had a J1 visa prior to entering the country that expired (as an au pair). Does she have to wait two years in her country before she is issued a fiancé visa or does that not apply to us in our case? 

Check the small print on the bottom of the visa. Some J-1s have the two-year requirement, some don’t. Only way to find out is check the text on the J-1 in her passport. 

[brandon stone 9]

4 minutes ago, JFH said:

Check the small print on the bottom of the visa. Some J-1s have the two-year requirement, some don’t. Only way to find out is check the text on the J-1 in her passport. 

The text says “bearer is not subject to section 212(E) A I for foreign study au pair in America.” Is this the correct text?

[JFH 12,191]

3 minutes ago, brandon stone said:

The text says “bearer is not subject to section 212(E) A I for foreign study au pair in America.” Is this the correct text?

Yep! So she is not subject to the two-year home residency. You’re all good to go. 

[brandon stone 9]

8 minutes ago, JFH said:

Yep! So she is not subject to the two-year home residency. You’re all good to go. 

Thanks so much for your help! This process is incredibly stressful especially the delays caused by the pandemic. Worries always come into our minds and we just want this to be over with. Thank you again for your help and dedication towards people like us! It makes all the difference. We greatly appreciate it.

[Crazy Cat 42,296]

40 minutes ago, JFH said:

OK so she wasn’t deported. Deportation happens after you have been admitted to the country and you either overstay or commit a crime and your case goes before a judge who orders your removal. Being turned away at the airport is not a deportation. Essentially they gave her the opportunity to turn around, go home, and avoid any issues. 

How does an expedited removal work?  Can't they immediately deport someone trying to enter the US? I think IOs can do that without a hearing.

Edited November 26, 2020 by Lucky Cat

[JFH 12,191]

5 minutes ago, Lucky Cat said:

How does an expedited removal work?  Can't they immediately deport someone trying to enter the US?

That only applies to fraud and misrep though, doesn’t it? And she would have been given a 5-year ban. OP made no mention of a ban. The fiancée would know if she had a ban. 
 

Seems like this was just a standard “sorry, I don’t believe you” and she was sent back. 

Edited November 26, 2020 by JFH

[Crazy Cat 42,296]

1 minute ago, JFH said:

That only applies to fraud and misrep though, doesn’t it? And she would have been given a 5-year ban. OP made no mention of a ban. The fiancée would know if she had a ban. 
 

Seems like this was just a standard “sorry, I don’t believe you” and she was sent back. 

Yes, she was probably just given the chance to withdraw her application for entry.  If it was an expedited removal there should be some coding on her passport, I think.

[Hilde 381]

@JFH and @Lucky Cat I find it mind boggling how you guys know this stuff!

[Unlockable 7,315]

@brandon stone,

 

Interested to know what triggered them to be suspicions of your fiance. There is no obligation for you to share but it would give some transparency on situations like this.

 

Also, I am following this for future reference.