Need help on my situation

[Sabrina12345 6]

1 minute ago, Crazy Cat said:

It seems to me you can enter via a tourist visa without a waiver.....but getting a B2 might be difficult.

This is what they gave me. It says visa with waiver. Which is why I’m confused 

[Sabrina12345 6]

1 minute ago, Crazy Cat said:

You can thank your attorney for getting your ESTA permanently revoked. 

What’s done is done I just want to know what the next steps are. Do I need a waiver or not. If not, then why does the letter say I need one? 

[CMJuilland 485]

I’m not a lawyer, and I can’t tell you exactly what “visa with waiver” means, but if you withdrew your application for admission, you generally don’t need a waiver for a subsequent K1 visa. 

As to why the letter says that, I don’t know, but from what I can tell, you should be fine getting a K1 approved and issued, and be admitted on it.  Same would apply to a CR1.  

Now, actual admission to the United States is only guaranteed to citizens, so even with a visa, there is never a guarantee, even though the vast majority of people holding valid visas to the U.S. do not have a problem being admitted eventually.  

Bottom line is, nobody can tell you exactly what your personal situation will be, but before you and your fiance make the next step, please go through the guides on here.  You’ll find a ton of really good material, and you will learn even more about U.S. immigration in general, which will help you to put your mind at ease and where to put your focus. 

 

Good luck with everything! 

Edited December 18, 2021 by CMJuilland

[Crazy Cat 42,032]

31 minutes ago, Sabrina12345 said:

What’s done is done I just want to know what the next steps are. Do I need a waiver or not. If not, then why does the letter say I need one? 

In my opinion, you just need an appropriate visa to enter the US.  It looks like you were denied due to immigrant intent ( and correctly denied).  It should not be an issue for the K-1.  I would report the attorney (who said you could enter via ESTA with the intent to adjust status) for malpractice.  His/her advice cost you your ESTA forever.  Had you asked us before trying to enter via ESTA with intent to stay and adjust,, we would have told you that the plan was illegal.....It is a shame that there are such incompetent attorneys out there.

Edited December 18, 2021 by Crazy Cat

[Crazy Cat 42,032]

35 minutes ago, Sabrina12345 said:

The officer told me it was a grey area.

It is not a gray area at all.  

[Crazy Cat 42,032]

Here is an attorney article regarding the issue:

 

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

[millefleur 5,047]

29 minutes ago, Crazy Cat said:

It seems to me you can enter via a tourist visa without a waiver.....but getting a B2 might be difficult.

I would not bother with a B visa, this person's application has "immigrant intent" all over it, a B would just be a waste of time at this point.

 

15 minutes ago, Crazy Cat said:

I would report the attorney (who said you could enter via ESTA with the intent to adjust status) for malpractice. 

Absolutely file a formal complaint against the attorney with your local state bar (assuming this attorney was in the US?) It is absurd that they would recommend something illegal.

 

34 minutes ago, Sabrina12345 said:

If not, then why does the letter say I need one? 

I don't know why it mentions getting a waiver. It's confusing. It might be better to show this letter to a competent immigration attorney who can make sense out of it. Find ones who give free consultations and get some different opinions.

[Crazy Cat 42,032]

3 minutes ago, millefleur said:

I would not bother with a B visa, this person's application has "immigrant intent" all over it, a B would just be a waste of time at this point.

 

Absolutely file a formal complaint against the attorney with your local state bar (assuming this attorney was in the US?) It is absurd that they would recommend something illegal.

 

I don't know why it mentions getting a waiver. It's confusing. It might be better to show this letter to a competent immigration attorney who can make sense out of it. Find ones who give free consultations and get some different opinions.

Agree 100%.  I only mentioned a B2 in reference to the OP stating "But did the paper only mention a waiver if I were to come back on a tourist visa?".  Now, visiting the US during the immigration process is almost certainly out of the question. 

[Sabrina12345 6]

8 minutes ago, millefleur said:

I would not bother with a B visa, this person's application has "immigrant intent" all over it, a B would just be a waste of time at this point.

 

Absolutely file a formal complaint against the attorney with your local state bar (assuming this attorney was in the US?) It is absurd that they would recommend something illegal.

 

I don't know why it mentions getting a waiver. It's confusing. It might be better to show this letter to a competent immigration attorney who can make sense out of it. Find ones who give free consultations and get some different opinions.

I asked 7 different lawyers and they all told me either yes I do need a waiver or no. So I don’t know who I’m suppose to believe. The consulate was not much help either 

[millefleur 5,047]

1 minute ago, Sabrina12345 said:

I asked 7 different lawyers and they all told me either yes I do need a waiver or no. So I don’t know who I’m suppose to believe. The consulate was not much help either 

What waiver did they tell you? Do you know the number code/name of it?

[Sabrina12345 6]

Just now, millefleur said:

What waiver did they tell you? Do you know the number code/name of it?

They didn’t mention any type of waiver. Just “yes you should get a waiver”

[Crazy Cat 42,032]

3 minutes ago, Sabrina12345 said:

I asked 7 different lawyers and they all told me either yes I do need a waiver or no. So I don’t know who I’m suppose to believe. The consulate was not much help either 

If you were expeditiously removed, I believe you would have a letter informing you.  That would be an automatic 5 year ban (requiring a waiver).  If you merely withdrew your application for admission, you don't  need a waiver when entering via a K-1.

Edited December 18, 2021 by Crazy Cat

[Sabrina12345 6]

6 minutes ago, Crazy Cat said:

If you were expeditiously removed, I believe you would have a letter informing you.  That would be an automatic 5 year ban (requiring a waiver).  If you merely withdrew your application for admission, you don't  need a waiver when entering via a K-1.

Thank you! Yes I just withdrew my application nothing else 

 

1 hour ago, Crazy Cat said:

Seriously?  It is illegal to enter the US as a tourist with the intent to stay and adjust status...........fire that attorney!!!

 

[Boiler 45,886]

I do not know what they meant by waiver I do know that it is up to the Consulate to determine if you need a waiver. It appears you do not. Anyway that is a year or so away before you can find out for certain. Getting married and going the spousal route has many advantages

[JeanneAdil 6,606]

you need to read thru what USCIS says about a waiver for K1 

 

https://www.uscis.gov/policy-manual/volume-9-part-f-chapter-3

 

or your fiancee could come to your country and marry and do CR1 which has more advantages