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Nati34

Fiancé was arrested while going through immigration in the airport

By Nati34 in K-1 Fiance(e) Visa Process & Procedures

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Nati34 Newbie

Nati34   0

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Hi everyone. My fiancé was granted permission to come to the US from el Salvador in July. When he arrived to the airport in El Salvador and passed through immigration, they detained him and put him in jail for one week for an outstanding balance on a loan. It’s not been easy, but emotions aside — has anyone had something similar happen? 
 

We were told to send back the passport to the embassy while they review our case all over again. It is no longer on his record, as he went to court and paid a lawyer. But will this disqualify us from getting our visa? How long will this process take? They keep telling us to wait. 
 

Thanks in advance for any helpful and kind comments and advise. Good luck to you all. 

TBoneTX Grand Master

TBoneTX   45,957

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Filed: Citizen (apr) Country: Ecuador
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This is the first such situation that I've heard about here.

Was he charged with a specific crime?  What did he pay the lawyer to do in court?

The consulate apparently requested to review the matter.  It will take as long as it takes.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Nati34 Newbie

Nati34   0

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Yes, there was an “alert” at the airport that he couldn’t leave the country. So it was similar to a warrant I guess? But we never knew about it or informed about the alert. They had put him in jail because the lender was out of the country and unable to receive the payment if he had paid it that day... it didn’t make a lot of sense. But he got out in 5 days (they were going to keep him for a year) and had to finish court and get it off his record before sending it back to embassy. I was just curious if anyone knew how long but I assume nobody will know esp with covid. Thanks for ur reply. 

WHATSMYSTATUS Contributor

WHATSMYSTATUS   20

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Filed: K-1 Visa Country: India
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On 11/30/2020 at 11:06 AM, Nati34 said:

Hi everyone. My fiancé was granted permission to come to the US from el Salvador in July. When he arrived to the airport in El Salvador and passed through immigration, they detained him and put him in jail for one week for an outstanding balance on a loan. It’s not been easy, but emotions aside — has anyone had something similar happen? 
 

We were told to send back the passport to the embassy while they review our case all over again. It is no longer on his record, as he went to court and paid a lawyer. But will this disqualify us from getting our visa? How long will this process take? They keep telling us to wait. 
 

Thanks in advance for any helpful and kind comments and advise. Good luck to you all. 

Outstanding balance on a loan?? 
I have an outstanding balance on all my loans and I got approved all the way.. has to be something other than a loan ..

has to be a warrant on something else .. 

Boiler Grand Master

Boiler   45,949

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Filed: K-1 Visa Country: Wales
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Happened to a friend of mine, unpaid fine, probably lost in translation.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,949

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Filed: K-1 Visa Country: Wales
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It was a long time ago and different enough not to be relevant, just wanted to carify the reason.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Chancy Grand Master

Chancy   6,243

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Filed: IR-1/CR-1 Visa Country: Philippines
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11 hours ago, WHATSMYSTATUS said:

I have an outstanding balance on all my loans and I got approved all the way.. has to be something other than a loan ..

has to be a warrant on something else .. 

 

Do you have those outstanding balances in El Salvador like the OP's fiance?  Different countries, different laws.

 

I suspect non-payment of loans is treated similarly in El Salvador as it is in my country where it can be considered a crime.  Someone who skips out on loan payments (including loans to individuals) may be charged with the crime of estafa which covers frauds, scams, swindling.  Once the criminal case is filed, the aggrieved party may request a hold-departure order to be issued against the offending party.  Sounds like what happened to the OP's fiance.

 

SalishSea Grand Master

SalishSea   18,090

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Filed: Lift. Cond. (apr) Country: New Zealand
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On 11/29/2020 at 9:36 PM, Nati34 said:

Hi everyone. My fiancé was granted permission to come to the US from el Salvador in July. When he arrived to the airport in El Salvador and passed through immigration, they detained him and put him in jail for one week for an outstanding balance on a loan. It’s not been easy, but emotions aside — has anyone had something similar happen? 
 

We were told to send back the passport to the embassy while they review our case all over again. It is no longer on his record, as he went to court and paid a lawyer. But will this disqualify us from getting our visa? How long will this process take? They keep telling us to wait. 
 

Thanks in advance for any helpful and kind comments and advise. Good luck to you all. 

Maybe he should pay off his debt prior to immigrating?

Boiler Grand Master

Boiler   45,949

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Filed: K-1 Visa Country: Wales
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9 minutes ago, Allovertheworld said:

Define Debts

Whatever caused him to be arrested

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Limey Community Regular

Limey   551

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Filed: Citizen (apr) Country: United Kingdom
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3 hours ago, Allovertheworld said:

Exactly.

 

I have heard of this at numerous countries.  Google UAE, seems to be pretty common in that country trying to leave with debt unpaid or certain items.......

Yes, this. I lived in the UAE for several years and people were routinely arrested for non payment of loans and other debts, often based on poor/incorrect information. I had a Lebanese friend who was arrested pretty much every time he entered the UAE as a phone company had him listed as a representative for a company that he no longer worked for, and incorrectly listed that the bills hadn't been paid (they had). He had to carry around the paperwork to prove that he no longer worked there, and that the company had paid its debts, but it would still happen every time he entered the country.

--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAD and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017
Approved: 20 Dec 2018

Green Card Received: 2 Jan 2019

 

-- Citizenship --
Filed Online: 21 Feb 2020
NOA1 (Online): 22 Feb 2020
Biometrics: 10 Mar 2020

Interview: 29 Jul 2020 (Approved - Oath taken immediately due to covid19)

SalishSea Grand Master

SalishSea   18,090

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Filed: Lift. Cond. (apr) Country: New Zealand
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Posted
6 hours ago, Ollieh97 said:

OP was asking for help/advice, not judgement. If you have nothing useful to provide, maybe say nothing at all?

TOS prohibits telling others not to post.

 

Anyway, it was a suggestion in light of OP indicating that apparently the "crime" of the debt had been expunged or whatever, but apparently not the debt itself.

 
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