Fiance Was Denied entry.

[kumakuma 5]

Hello. My Fiance tried to come visit me but they denied her entry at LAX. They believed she was coming to marry me even though we just intended to have a visit. Anyhow,

 

In her passport they stamped "Refused in accordance with INA section 217 R27041"

 

On her form I-877 it says she was inadmissible to the US by INA Section 212 (a) (7) (A) (i) (I).

 

Then the officer told her she will be refused entry under visa waiver program pursuant to Title 8 CFR Section 217.4 (a) (1).

 

She received no other paperwork nor any other stamps. She asked if it was a deportation and they said no.

 

Will this require an appeal? Is this a 5 year bar? I asked 2 immigration lawyers so far and both said no. I would like to know what some people here think or have experienced.

 

Thank you so much.

 

 

[Allaboutwaiting 2,503]

This link might help you:

 

https://visarefusal.com/inadmissibility/212a7aii-inadequate-documentation/

[kumakuma 5]

3 minutes ago, Allaboutwaiting said:

This link might help you:

 

https://visarefusal.com/inadmissibility/212a7aii-inadequate-documentation/

I have read this link and I still dont understand. Was she or was she not given a 5 year ban?

 

Thank you for your reply btw. People like you are amazing.

[Allaboutwaiting 2,503]

No, no ban. They just refused entry. 

As she's from a VWP country, she would need to apply for a visa to enter the US.

 

I guess you're already going through the K1 process?

Edited September 12, 2021 by Allaboutwaiting

[HRQX 4,145]

17 minutes ago, kumakuma said:

They believed she was coming to marry me even though we just intended to have a visit.

Note that they thought she would either overstay or AOS. Marriage is actually a permissible activity during a VWP visit: https://uk.usembassy.gov/visas/immigrant-visa-faqs/

We are traveling to the United States to marry and will return to the United Kingdom after marriage. Do I still need a fiancé(e) visa?

If you will return to your permanent residence you may apply for a tourist B-2 visa, or if eligible, travel visa free under the Visa Waiver Program.  At the time you apply for the visa and/or travel to the United States you will be required to show that you have a residence outside the United States that you do not intend to abandon. There is no set form that this evidence takes as it varies with each person’s circumstances.

[kumakuma 5]

Just now, Allaboutwaiting said:

No, no ban. They just refused entry. 

As she's from a VWP country, she would need to apply for a new visa to enter the US.

 

I guess you're already going through the K1 process?

We are about to start the process but wanted to know about this.

 

Is this what they called a "withdrawal" or whatever? Lawyers mentioned that to me. I'm still scouting for a good lawyer. Hopefully one that wint try to rip us off

[Allaboutwaiting 2,503]

6 minutes ago, kumakuma said:

We are about to start the process but wanted to know about this.

 

Is this what they called a "withdrawal" or whatever? Lawyers mentioned that to me. I'm still scouting for a good lawyer. Hopefully one that wint try to rip us off

If she signed an I-275 form, yes, it was a withdrawal.

 

In such case, you don't really need a lawyer to file for the K-1.

You can find some cases like yours around the forum that were approved with no issues. 

[kumakuma 5]

1 hour ago, Allaboutwaiting said:

If she signed an I-275 form, yes, it was a withdrawal.

 

In such case, you don't really need a lawyer to file for the K-1.

You can find some cases like yours around the forum that were approved with no issues. 

How would I know if she signed this form? Would she get a copy?

[Babu Frik 1,162]

They would have told her, she should know all the details from what they have told her.

She should have received some papers.

Watch Border Patrol on Netflix, will probably be more informative than a lawyer with a million clients, stuff like this happens.

People who get bans usually have committed a serious offense.

You may just need to answer if they've ever been denied entry at some point in the process, if they do just be honest, it won't be a problem, they should be able to see it in their records anyway, just hold onto any papers she may have signed.

[kumakuma 5]

18 minutes ago, Babu Frik said:

They would have told her, she should know all the details from what they have told her.

She should have received some papers.

Watch Border Patrol on Netflix, will probably be more informative than a lawyer with a million clients, stuff like this happens.

People who get bans usually have committed a serious offense.

You may just need to answer if they've ever been denied entry at some point in the process, if they do just be honest, it won't be a problem, they should be able to see it in their records anyway, just hold onto any papers she may have signed.

She says she only signed another paper after they counted her money etc.

 

She did say the officer told her she can apply  for a K1 and this was a small issue btw.

 

Thank you for your input. You are great.

[Hanane حنان 18]

Sorry to hear about that. People got denied entry to the us with a valid tourist visa, we read that a lot.when your visa is issued. Only immigration officer can let you in or send you back. . No need to argue .sit tight until you board your flight.

[Allaboutwaiting 2,503]

1 hour ago, kumakuma said:

She says she only signed another paper after they counted her money etc.

 

She did say the officer told her she can apply  for a K1 and this was a small issue btw.

 

Thank you for your input. You are great.

It's likely that the paper she signed was the withdrawal form.

 

You should not worry. File for the K1 without a lawyer; just follow the instructions and you'll be fine. 

[Coco8 1,042]

14 hours ago, kumakuma said:

She says she only signed another paper after they counted her money etc.

 

Was she bringing too much money? Maybe if she had too much, it could make them think she was going to stay for too long. People in the US are very weird about cash, but if you bring too much cash they could think you are not going back to pay your bills and you cashed out

[kumakuma 5]

27 minutes ago, Coco8 said:

Was she bringing too much money? Maybe if she had too much, it could make them think she was going to stay for too long. People in the US are very weird about cash, but if you bring too much cash they could think you are not going back to pay your bills and you cashed out

She only had about 800 dollars. She said she signed a form at some point but she says it was like an inventory of what she had or something.

 

She was also forced to buy another plane ticket btw which sucks.

 

Oh well. Fortunately money isnt an issue for us rn

[kumakuma 5]

13 hours ago, Allaboutwaiting said:

It's likely that the paper she signed was the withdrawal form.

 

You should not worry. File for the K1 without a lawyer; just follow the instructions and you'll be fine. 

Do you really think I can do it without a lawyer? Not to sound timid but it's rather nerve racking isnt all of this?.

 

I do have a question tho. When I go see her in Japan while we wait all this out, is it a problem if I mention to Japanese customs she is my fiance?