Denied entry at SEATAC & B1/B2 Visa Revoked - What Next?

[Mwamba 25]

On March 23rd, 2022, my girlfriend, Emily, and 2 children (from a previous marriage) landed at SEATAC airport, and they were denied entry into the USA. They spent about a day (overnight at a local hotel) and were sent back to Kenya. The reason given by the immigration officer is that there was intent to stay and live in the USA rather than to visit - suspicions of malicious intent or suspected of overstaying their visa. The officer confiscated her phone and read messages that Emily and I had shared about our plans to get married in the USA and to start a family. We had even setup an appointment with a lawyer during the first week of her arrival. All this was used as the basis to deny her entry into the USA. During the hours they were locked at the airport, I tried all I could to get them into the USA without success. I reached out to my local representative here in Olympia, WA but she said she could not help unless they were in the USA in one way or the other - she even hinted if they could get arrested into the USA, she might be able to help but as long as they were "outside" the USA, her hands were tied.

I have attached copied of the documents that were given to Emily (including form I-275) and what was marked into her passport. The kids' passports were also marked the same - with the revocation note & the other markings you see.

Anyway, that is the background of what I'm actually wanting to ask.

I have been thinking of the quickest way to get Emily and the kids here. FYI, the kids are 15 years & 12 years. We are not yet married.

I have been thinking of doing the follow:
1. Find a country where they don't have visa requirements for Kenyans to enter - I found Barbados.
2. Go there (in this case Barbados) and get married officially.
3. Make an application at the local USA Embassy in that country for a Fiancée Visa to the USA. FYI, I am a Permanent Resident of the USA (I have Green Card category IR6 expiring in Feb 2024). I plan to apply for citizenship next year in May/June.
4. Get Visa in that country for all of them - Emily & the 2 kids.

Please let me know if this plan can work. Or if there is a better way, something I can do to get my family here. I'm looking for the fastest way and most cost-effective way to get them from Kenya into the USA.

FYI, Emily is divorced in Kenya - she has all the divorce documents. I'm also divorced here in USA. Let me know if you have any questions. 

I just want to bring my new family to USA and for us to start living together. 

Thank you all for your time and advice.

Mwamba
 

On March 23rd docs.pdf

[Verrou 1,960]

1. if u married ( no 2) u cant apply for fiance visa. fiance only if u havent get married

2. u cant apply visa in a country if you are not resident / legal residences in that country

3. u can do utah online wedding, visit her in her country to consumate the marriage and APPLY spouse visa ( roughly 18 months- 2 years)

 

immigration journey is expensive and take patience. nothing is fast / express

 

Edited July 28, 2022 by Misscloud

[Timona 4,207]

From what you write, they were coming to stay and adjust, hence CBP was right in denying entry. 

 

Additionally, why was she traveling with the kids? School semester in Kenya was in session in March when they traveled. So definitely, they were coming with intent to adjust, hence pulling kids out of school. 

 

And NO, there's no quicker way to get them to US. You can get married in Barbados but cannot stay there and go via embassy there if they don't have residence. I think last I read, it's 5 years to get residency. 

 

Unfortunately, you'll have to go to Kenya if you want to start the CR-1 process. I am Kenyan and know that Barbados route shortcut being perpetuated by my countrymen. Infact, I was just telling someone about this a week ago. Anyways, I wouldn't go the Barbados route. It won't get you anywhere. Yes, you can get married there. However, you cannot used that embassy to jump long queues at USE Nairobi as well as try circumvent bans.

 

I wouldn't fly to Barbados to just get married. Save the $$. A family friend did a month ago. Now he found out he cannot use the embassy. Waste of $$$. 

[EA and MK 48]

Just out of curiosity, why would you refer to her as your wife and seek for her to sign a lease as identified by the CBP officer during the cell phone exam?

 

Depending on what else they put in her immigration file, this may make your case challenging. Thinking about it from a Consular Officer's perspective, I would want to review on what basis the beneficiary applied for a B1/B2 visa? Was there any misrepresentation in the DS-160? Or, was she knowingly trying to commit visa fraud, through you, by trying to circumvent US immigration laws as "the quickest way [for her and kids] to get here". Clearly, she had pre-concieved intent to immigrate without the right visa. However, when applying for this visa did she know she was going to try and immigrate with it? She was regarded to as your "wife" when she wasn't, is she free to marry? At the time of DS-160, was there any misrepresentation with regards to marital status? She carried academic records, strengthening the claim she was trying to immigrate to the US and school her kids here. When looking at the totality of circumstances, a Consular Officer may have enough information to hand down a permanent bar for misrepresentation and fraud. It depends on the timeline this all happened in as well as other factors, of course. Kenya, unfortunately is a high fraud country and there will be scruity - so be prepared for that.

 

As for marrying, any country that permits non-nationals to marry will suffice.. Heck, why not do it in Kenya if you two are free to marry? It will make it easier. Once you marry, a K-1 Visa is not appropriate or allowed. You must file for an F2A visa. IF you naturalize, you can "upgrade" this petition to a CR-1 visa. (Big IF, as you may be considered to have helped someone circumvent US immigration laws).  As for her children, I would think you can adopt them and bring them with an F2A visa too, or she will need to immigrate first and then file a petition for each.  

 

You cannot choose to file an immigrant visa petition in the country that you marry, if your spouse is not a resident or national of that country. That would be consulate shopping. Instead, you must file with the Consular Section in Nairobi. 

Edited July 28, 2022 by EA and MK
Added more information.

[SalishSea 17,744]

56 minutes ago, Mwamba said:

On March 23rd, 2022, my girlfriend, Emily, and 2 children (from a previous marriage) landed at SEATAC airport, and they were denied entry into the USA. They spent about a day (overnight at a local hotel) and were sent back to Kenya. The reason given by the immigration officer is that there was intent to stay and live in the USA rather than to visit - suspicions of malicious intent or suspected of overstaying their visa. The officer confiscated her phone and read messages that Emily and I had shared about our plans to get married in the USA and to start a family. We had even setup an appointment with a lawyer during the first week of her arrival. All this was used as the basis to deny her entry into the USA. During the hours they were locked at the airport, I tried all I could to get them into the USA without success. I reached out to my local representative here in Olympia, WA but she said she could not help unless they were in the USA in one way or the other - she even hinted if they could get arrested into the USA, she might be able to help but as long as they were "outside" the USA, her hands were tied.

I have attached copied of the documents that were given to Emily (including form I-275) and what was marked into her passport. The kids' passports were also marked the same - with the revocation note & the other markings you see.

Anyway, that is the background of what I'm actually wanting to ask.

I have been thinking of the quickest way to get Emily and the kids here. FYI, the kids are 15 years & 12 years. We are not yet married.

I have been thinking of doing the follow:
1. Find a country where they don't have visa requirements for Kenyans to enter - I found Barbados.
2. Go there (in this case Barbados) and get married officially.
3. Make an application at the local USA Embassy in that country for a Fiancée Visa to the USA. FYI, I am a Permanent Resident of the USA (I have Green Card category IR6 expiring in Feb 2024). I plan to apply for citizenship next year in May/June.
4. Get Visa in that country for all of them - Emily & the 2 kids.

Please let me know if this plan can work. Or if there is a better way, something I can do to get my family here. I'm looking for the fastest way and most cost-effective way to get them from Kenya into the USA.

FYI, Emily is divorced in Kenya - she has all the divorce documents. I'm also divorced here in USA. Let me know if you have any questions. 

I just want to bring my new family to USA and for us to start living together. 

Thank you all for your time and advice.

Mwamba
 

On March 23rd docs.pdf 443.33 kB · 4 downloads

They were rightly denied entry.  That's not how US immigration is done.

 

You need to petition them properly.  It will take AT LEAST two years before they can get immigrant visas.

 

As a green card holder yourself, I'm surprised you went into this without a legitimate plan for them to immigrate.

 

You can marry in any country where it is legal/where she can travel to.  It would be a 'destination wedding.' however;  you would not be 'going to the local USA embassy'  in that country for a visa.

 

I strongly suggest you begin reading and researching this process.  Lack of education about it has already cost you time and visa revocation.   It is an expensive and time-consuming process, and not just a matter of a plane ticket.

Edited July 28, 2022 by Jorgedig

[SalishSea 17,744]

36 minutes ago, Misscloud said:

1. if u married ( no 2) u cant apply for fiance visa. fiance only if u havent get married

As a green card holder, OP is not eligible to petition anyone for a K-1 visa.

[arken 4,197]

48 minutes ago, Mwamba said:

The officer confiscated her phone and read messages that Emily and I had shared about our plans to get married in the USA and to start a family. We had even setup an appointment with a lawyer during the first week of her arrival. All this was used as the basis to deny her entry into the USA.

Even you are admitting that their plan was to marry and stay in the US so the CBP was not in the wrong to send them back.

 

You are not a USC so fiance visa is not allowed. The only option is to marry her. She can't just apply for spousal visa after marriage. You have to petition for her and her kids will be derivatives to her case. The process takes 1.5 - 2 years. If you become a USC, you have to petition for all three separately.

[Timona 4,207]

I just read your attachment. As I suspected, she had school transcripts, BC and you guys talked about signing lease together. So, definitely, she was coming to AOS. I also see her B-2, issued in 2017 was about to expire in August 2022. So, you guys were definitely trying to beat the clock. 

 

My advice: Forget about the shortcuts and all those ingeniousness that our countrymen think they invented to get to US. You've already hit a block with Emily attempting to come on B-2 and AOS. The Barbados is another catastrophe waiting to happen. Don't do it. You've already been bitten once. 

 

Don't listen to bad advice from our countrymen. 

Edited July 28, 2022 by Timona

[powerpuff 6,603]

~~ Topic moved from Vietnam regional sub forum to Bringing Family members of permanent residents - OP is a green card holder ~~

[SusieQQQ 11,586]

11 minutes ago, arken said:

Even you are admitting that their plan was to marry and stay in the US so the CBP was not in the wrong to send them back.

 

You are not a USC so fiance visa is not allowed. The only option is to marry her. She can't just apply for spousal visa after marriage. You have to petition for her and her kids will be derivatives to her case. The process takes 1.5 - 2 years. If you become a USC, you have to petition for all three separately.

This ^^ it often makes sense to stay a LPR when petitioning a spouse with derivatives. 
 

[Mwamba 25]

1 hour ago, Misscloud said:

1. if u married ( no 2) u cant apply for fiance visa. fiance only if u havent get married

2. u cant apply visa in a country if you are not resident / legal residences in that country

3. u can do utah online wedding, visit her in her country to consumate the marriage and APPLY spouse visa ( roughly 18 months- 2 years)

 

immigration journey is expensive and take patience. nothing is fast / express

 

Thank you! You have summarized in a way what so many others have said. I thought so, but I wanted to hear it from others. I was planning to travel to Kenya in October this year to marry her legally and start the Spousal Visa process. I love your recommendation of Utah Online wedding - I will investigate further. I appreciate your time & advice.

 

Mwamba

[Mwamba 25]

45 minutes ago, Timona said:

From what you write, they were coming to stay and adjust, hence CBP was right in denying entry. 

 

Additionally, why was she traveling with the kids? School semester in Kenya was in session in March when they traveled. So definitely, they were coming with intent to adjust, hence pulling kids out of school. 

 

And NO, there's no quicker way to get them to US. You can get married in Barbados but cannot stay there and go via embassy there if they don't have residence. I think last I read, it's 5 years to get residency. 

 

Unfortunately, you'll have to go to Kenya if you want to start the CR-1 process. I am Kenyan and know that Barbados route shortcut being perpetuated by my countrymen. Infact, I was just telling someone about this a week ago. Anyways, I wouldn't go the Barbados route. It won't get you anywhere. Yes, you can get married there. However, you cannot used that embassy to jump long queues at USE Nairobi as well as try circumvent bans.

 

I wouldn't fly to Barbados to just get married. Save the $$. A family friend did a month ago. Now he found out he cannot use the embassy. Waste of $$$. 

Thank you Timona. Truly appreciate your advice. Barbados plans are officially dropped! We'll do this the best way we can - through Nairobi Kenya. 

 

Mwamba

[Mwamba 25]

45 minutes ago, EA and MK said:

Just out of curiosity, why would you refer to her as your wife and seek for her to sign a lease as identified by the CBP officer during the cell phone exam?

 

Depending on what else they put in her immigration file, this may make your case challenging. Thinking about it from a Consular Officer's perspective, I would want to review on what basis the beneficiary applied for a B1/B2 visa? Was there any misrepresentation in the DS-160? Or, was she knowingly trying to commit visa fraud, through you, by trying to circumvent US immigration laws as "the quickest way [for her and kids] to get here". Clearly, she had pre-concieved intent to immigrate without the right visa. However, when applying for this visa did she know she was going to try and immigrate with it? She was regarded to as your "wife" when she wasn't, is she free to marry? At the time of DS-160, was there any misrepresentation with regards to marital status? She carried academic records, strengthening the claim she was trying to immigrate to the US and school her kids here. When looking at the totality of circumstances, a Consular Officer may have enough information to hand down a permanent bar for misrepresentation and fraud. It depends on the timeline this all happened in as well as other factors, of course. Kenya, unfortunately is a high fraud country and there will be scruity - so be prepared for that.

 

As for marrying, any country that permits non-nationals to marry will suffice.. Heck, why not do it in Kenya if you two are free to marry? It will make it easier. Once you marry, a K-1 Visa is not appropriate or allowed. You must file for an F2A visa. IF you naturalize, you can "upgrade" this petition to a CR-1 visa. (Big IF, as you may be considered to have helped someone circumvent US immigration laws).  As for her children, I would think you can adopt them and bring them with an F2A visa too, or she will need to immigrate first and then file a petition for each.  

 

You cannot choose to file an immigrant visa petition in the country that you marry, if your spouse is not a resident or national of that country. That would be consulate shopping. Instead, you must file with the Consular Section in Nairobi. 

Technically, she's my wife - only waiting to officialize it! I consider her my wife. WRT B1/B2 visa, she already got this before. FYI, she has been to the USA 3 times before. This was to be the 4th time. We were not planning to do any fraud or anything. We consulted with a lawyer here and she recommended that it's best for her to come as a visitor, we get married after 60 days and then apply for her papers. As you have advised, the next steps we will take are to get officially married (not yet confirmed how - I got a suggestion about Utah Online Wedding or I can simple go to Kenya and get married there) and then apply for the F2A visa (learnt something - I didnt know it's called F2A!)  Wish us luck!!! And thank you for your time and advice.

 

Mwamba

[Mwamba 25]

28 minutes ago, SusieQQQ said:

This ^^ it often makes sense to stay a LPR when petitioning a spouse with derivatives. 
 

Good to know. My visa is expiring Feb 2024 but I can renew it for another 10 years! I won't pursue citizenship for now - I can do everything I need with my LPR status except to vote! I think I'll be OK. Thanks for this advice! I appreciate it.

 

Mwamba

[Timona 4,207]

Get your refund from that lawyer who advised you to come with intent to adjust. @Mwamba