Can I apply for k1 visa after my b1/b2 visa got revoked?

[mmgn 0]

On 5/3/2021 at 9:00 AM, bakphx1 said:

I don’t see an issue.  You didn’t have illegal entry or presence.  Unless you had misrepresented something that would conflict with the information you file for your visa, there’s not an issue I can see.

Isn't it fraud or misrepresentation when I didn't say that I had boyfriend and worked during my b1/b2 interview? I didn't say that during my tourist visa interview renewal because I'm afraid they would deny, so I know which is best to do. Will that be better if we do spousal visa at this point?

Edited May 5, 2021 by mmgn
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[mmgn 0]

On 5/2/2021 at 7:17 PM, payxibka said:

Spouse visa should be no problem.   Based on your story,  no waivers will be required. 

Isn't it fraud or misrepresentation? Just wondering cos that's what one of the lawyers said

[payxibka 10,047]

23 minutes ago, mmgn said:

Isn't it fraud or misrepresentation? Just wondering cos that's what one of the lawyers said

It's neither.  You don't need to tell them something unless they ask.   If they asked and you LIED then that is a different story. 

 

Spouse would be your best option because that will get you unauthorized work forgiven 

Edited May 5, 2021 by payxibka

[Allaboutwaiting 2,503]

On 5/2/2021 at 3:14 AM, mmgn said:

Hi,

 

I really need help. My partner and I have consulted with 2 lawyers already, but they are saying different things. Just a background story, I have worked in the US on my tourist visa in the past and a month ago I got detained at LAX airport for 4 days. I was honest with them that I have worked in the past and that I have a boyfriend in the US for 3 years. They gave me a choice of withdrawing my visa (not banned) for me to be able to apply a visa again.. Although, my worry is not being able to apply again even though they said I can. I want to know the chances of us getting approved for Fiance or Spouse visa in case we apply, the timeline, and what kind of waiver do we exactly need and how long does that take as well. We have been doing our research, but there are a lot of waivers and I'm not sure which one is the best to use if ever we might need one. We've been apart for more than a year and the clock is ticking for Fiance Visa 2-year window. I really want to be together with my partner already and I want to believe that we can be together again. It will also be helpful if there are lawyers out there who are experienced with this case. Thank you for your help!

This case is similar to yours. The poster required a waiver to obtain the K1 visa. They're now going through AOS.

 

 

[Chancy 6,243]

9 hours ago, Allaboutwaiting said:

This case is similar to yours. The poster required a waiver to obtain the K1 visa. They're now going through AOS.

 

One positive difference with the OP's case is that she was allowed to withdraw her application for admission, instead of being deported.  It seems like she's not subject to a ban, so her K1 or CR1 process should be easier than the other member's case.

 

[Allaboutwaiting 2,503]

8 hours ago, Chancy said:

 

One positive difference with the OP's case is that she was allowed to withdraw her application for admission, instead of being deported.  It seems like she's not subject to a ban, so her K1 or CR1 process should be easier than the other member's case.

 

In the case I shared, I think the poster might have also withdrawn the visa but used the term "deported". She was actually denied entry, so she can't be deported; though she had to return home. 

 

Another case I read about in the forum, applied successfully for a K1 with no waiver required, after being denied entry and withdrawing the visa, BUT in this specific case, there was no unauthorized work while in the US.

[Chancy 6,243]

16 minutes ago, Allaboutwaiting said:

In the case I shared, I think the poster might have also withdrawn the visa but used the term "deported". She was actually denied entry, so she can't be deported; though she had to return home. 

 

Travelers can actually be deported by CBP at point of entry.  It's called "expedited removal" and usually comes with a ban.  Major difference with withdrawal of application for admission, which allows people to apply for a new tourist visa soon after they return to their home country.  At least, sooner than those who were deported and given a ban.

 

Edited May 5, 2021 by Chancy
clarification

[AJ2019 58]

On 5/4/2021 at 8:28 PM, mmgn said:

Isn't it fraud or misrepresentation that might hinder the approval? What do you think?

https://www.visatutor.com/do-tourist-visa-denials-affect-my-k-1-visa/

 

What happens if you got your visa b1 canceled due to working in the US. Can it affect if I applied for a k-1 visa to married my girlfriend.

 

 

Hello Sam. Thanks for contacting us.
It’s known that any immigration violation may hurt a decision on granting potential applicants future benefits.
Since you’ve done an immigration violation by working unauthorized in the US during your B1 visa stay, you will face an inadmissibility and need to get a waiver for the K visa.
Any final decision is done under the immigration officer’s discretion.
Having a strong bona fide relationship and being able to prove them your intention is primarily to marry and start a family with your fiancée is the key factor to your K1 Visa approval.
The US Embassy will give you further directions on the date of your interview on your qualifications and ability to get a waiver.

-Cris (Visa Tutor Team)