Need help!!!

[Sabrina12345 6]

8 minutes ago, Family said:

 

IF you have a Refusal letter IN YOUR hand , post interview, and you are NOT hiring legal help … then you have to REALLY learn some legalese to argue w Consulate exactly what you learned from attorneys so far: argument being you don’t need a waiver ( no misrep /fraud finding and allowed to withdraw ) BUT because it’s a K-1 and not a marriage to USC…its soooo contingent on the moon, stars , discretion…

 

If you intend to give it a DIY shot , then do much much research just using sec 212(xxxx ..perhaps in the AAO ( those who filed I-601’s ) to find the words you might use to argue why that section does not make you subject to/ inadmissibility finding thus does not  require a waiver ( I-601) This part is basically done over email w consulate ..

 

You HAVE NO ban ( so don’t look at I-212) . 
 

You have come so far , if you already had your interview, it’s worth trying your utmost ( hiring attorney, your fiancé can appeal to Congressman  .. )…if all fail, get married and start I -130 

 

This is so confusing, I never mentioned any of this? What is AAO? 

[Family 4,254]

Just now, Sabrina12345 said:

This is so confusing, I

I may have added to the confusion…so let’s just HOPE for the BEST and a speedy approval w no findings and no waivers! 

Forgive me, I just saw your multiple posts and realized you have NOT had your interview and do NOT a Refusal Letter.. my response was based on my understanding you we’re asking AFTER the interview and had refusal.

 

[SalishSea 18,225]

8 hours ago, Sabrina12345 said:

My paperwork that was given to me mentions a waiver. Again I never said I got a ban

If you need a waiver to enter the US, it is because you are inadmissible.   That is a ban.

[SalishSea 18,225]

5 hours ago, Sabrina12345 said:

Thanks! What makes you so sure I don’t need one?

No I packed light but they looked through my phone and electronics which I was not expecting

You cannot come over on an ESTA to marry and adjust status.  Lesson learned.  

 

Get the proper visa for that.

[Crazy Cat 42,614]

7 hours ago, Family said:

 

IF you have a Refusal letter IN YOUR hand , post interview, and you are NOT hiring legal help … then you have to REALLY learn some legalese to argue w Consulate exactly what you learned from attorneys so far: argument being you don’t need a waiver ( no misrep /fraud finding and allowed to withdraw ) BUT because it’s a K-1 and not a marriage to USC…its soooo contingent on the moon, stars , discretion…

 

If you intend to give it a DIY shot , then do much much research just using sec 212(xxxx ..perhaps in the AAO ( those who filed I-601’s ) to find the words you might use to argue why that section does not make you subject to/ inadmissibility finding thus does not  require a waiver ( I-601) This part is basically done over email w consulate ..

 

You HAVE NO ban ( so don’t look at I-212) . 
 

You have come so far , if you already had your interview, it’s worth trying your utmost ( hiring attorney, your fiancé can appeal to Congressman  .. )…if all fail, get married and start I -130 

 

I don't think the OP is at the post-interview stage yet.  It appears, from everything I have read, that the OP (who has a pending K-1) entered the US via ESTA with the intent to marry and file for adjustment of status.  CBP caught the OP and graciously allowed a withdrawal of the application to enter.  Of course, the OP's ESTA is lost forever.

I suppose the interviewing officer will make a wavier determination during the K-1 interview.  

Edited March 27, 2022 by Crazy Cat

[Illiria 980]

19 hours ago, Sabrina12345 said:

What is misrepresentation? I was never accused of it, I told the truth.

 

15 hours ago, Sabrina12345 said:

No I packed light but they looked through my phone and electronics which I was not expecting

So you used esta - the use of which is saying that you were coming for tourism with a return flight (required for esta) - but your phone had evidence of intention to stay and adjust status. This is what they are counting as the misrepresentation. 

 

 

[Becca391 1]

So you tried to loophole around the visa that was needed and now your ESTA or B2 visa got revoked? Hope you learned your lesson.

If they searched your phone and found evidence that you were planning on staying you only deserved to be denied.

 

Sorry but this makes me angry. We all had to go through the many stages if obtaining a visa and were separated from our fiancee/spouse and survived and so will you.

[Sabrina12345 6]

2 minutes ago, Becca391 said:

So you tried to loophole around the visa that was needed and now your ESTA or B2 visa got revoked? Hope you learned your lesson.

If they searched your phone and found evidence that you were planning on staying you only deserved to be denied.

 

Sorry but this makes me angry. We all had to go through the many stages if obtaining a visa and were separated from our fiancee/spouse and survived and so will you.

This is rude and unnecessary, it doesn’t even answer my question. Go spread your negativity somewhere else please. 

[Becca391 1]

2 minutes ago, Sabrina12345 said:

This is rude and unnecessary, it doesn’t even answer my question. Go spread your negativity somewhere else please. 

I'm not negative just very honest about this topic. This is something that people do get reminded of so many times.

 

I hope the K1 fiancee route works for you and that you won't face any issues.

[Sabrina12345 6]

Just now, Becca391 said:

I'm not negative just very honest about this topic. This is something that people do get reminded of so many times.

 

I hope the K1 fiancee route works for you and that you won't face any issues.

Thanks, we had no idea this was illegal we were given terrible advice by a lawyer to do this. Getting detained and sent home was a traumatic experience. If I had known what I know now I would’ve never had done it. Waiting a year or two isn’t an issue for me, I just wanted to know if I needed a waiver. But thanks I hope I get the k1 with no issues moving forward 

[Becca391 1]

1 minute ago, Sabrina12345 said:

Thanks, we had no idea this was illegal we were given terrible advice by a lawyer to do this. Getting detained and sent home was a traumatic experience. If I had known what I know now I would’ve never had done it. Waiting a year or two isn’t an issue for me, I just wanted to know if I needed a waiver. But thanks I hope I get the k1 with no issues moving forward 

Oh boy oh boy.

PLEASE do yourself a favor and fire that lawyer if you already haven't done this. Hate this when this happens and I do apologize for my previous comment.

Sometimes people think they can do go this route knowing that it's illegal but don't get caught...

 

I hope you will be here soon.

[Sabrina12345 6]

Just now, Becca391 said:

Oh boy oh boy.

PLEASE do yourself a favor and fire that lawyer if you already haven't done this. Hate this when this happens and I do apologize for my previous comment.

Sometimes people think they can do go this route knowing that it's illegal but don't get caught...

 

I hope you will be here soon.

Thank you I appreciate that!
And yes we fired her and reported her.