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Mwamba

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

By Mwamba in Bringing Family Members of Permanent Residents to America

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Timona
Timona

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

Timona
Timona

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

Timona
Timona

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

Mwamba Apprentice

Mwamba   25

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42 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.

Question for all of you:

 

Do you recommend I get an Immigration Lawyer in Kenya or USA to help with this process or can I just do it myself with help from you guys/Internet? I see websites like RapidVisa.com and VisaPlace.com that offer help at a cost - a little cheaper than some Immigration lawyers I've asked in USA, are these websites really helpful? 

 

Thanks for your responses.

 

Mwamba

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EA and MK Explorer

EA and MK   48

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1 minute ago, Mwamba said:

Question for all of you:

 

Do you recommend I get an Immigration Lawyer in Kenya or USA to help with this process or can I just do it myself with help from you guys/Internet? I see websites like RapidVisa.com and VisaPlace.com that offer help at a cost - a little cheaper than some Immigration lawyers I've asked in USA, are these websites really helpful? 

 

Thanks for your responses.

 

Mwamba

I strongly advise you do your own research and file your own petition. A lawyer already caused problems for you! And they've caused me and others issues too. It's not a challenging process, but requires you to be meticulous and to the point. 

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Mwamba Apprentice

Mwamba   25

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3 minutes ago, EA and MK said:

I strongly advise you do your own research and file your own petition. A lawyer already caused problems for you! And they've caused me and others issues too. It's not a challenging process, but requires you to be meticulous and to the point. 

Noted. I'm not too bad with following instructions and processes. I work in the IT world, and I handle sensitive information/data every day where I have to be meticulous and careful, reading every detail. I'll do this myself. Should I have questions, I'll ask - as is my culture! 

 

Truly appreciate everyone who has taken time to read and respond to my questions! You're great guys! Blessings indeed.

 

Mwamba

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Pinkrlion Mentor

Pinkrlion   2,716

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a LPR that divorced a US Citizen where they obtained their LPR status cannot apply for a new spouse until they have held LPR status for 5 years or until they have obtained Citizenship.  Even if you tried to marry and adjust in the US, it would have been denied if you have not had your LPR status for 5 years.  

 

Since you have divorced a US Citizen, you cannot apply for Citizenship for 5 years.  

Phase I - IV - Completed the Immigration Journey 

 

 

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Mwamba Apprentice

Mwamba   25

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Another question about the wedding - just thinking about it, I think here are my options:

 

1. Go to Kenya & get married there in person - civil marriage - expensive as I have to travel to Kenya.

2. Do Utah Online Wedding here in USA - not expensive.

 

Which one do you guys recommend? And why?

 

Thanks,

Mwamba 

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Mwamba Apprentice

Mwamba   25

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9 minutes ago, Pinkrlion said:

a LPR that divorced a US Citizen where they obtained their LPR status cannot apply for a new spouse until they have held LPR status for 5 years or until they have obtained Citizenship.  Even if you tried to marry and adjust in the US, it would have been denied if you have not had your LPR status for 5 years.  

 

Since you have divorced a US Citizen, you cannot apply for Citizenship for 5 years.  

I finalized my divorced in Maryland State in November 2016 - that's over 5 years. I think I should be good now. What do you think?

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canadian_wife Grand Master

canadian_wife   1,822

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12 minutes ago, Mwamba said:

Another question about the wedding - just thinking about it, I think here are my options:

 

1. Go to Kenya & get married there in person - civil marriage - expensive as I have to travel to Kenya.

2. Do Utah Online Wedding here in USA - not expensive.

 

Which one do you guys recommend? And why?

 

Thanks,

Mwamba 

 

You have to travel to Kenya anyway, either with option 1or 2. You cannot file after a Zoom wedding until AFTER you have met in person. 

 

Good luck 

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1

NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

Medical
May 4, 2009

Interview
May, 26, 2009

POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Timona Experienced

Timona   4,207

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18 minutes ago, Mwamba said:

I finalized my divorced in Maryland State in November 2016 - that's over 5 years. I think I should be good now. What do you think? You're good.

 

7 minutes ago, canadian_wife said:

 

You have to travel to Kenya anyway, either with option 1or 2. You cannot file after a Zoom wedding until AFTER you have met in person & consumated. 

 

Immigration journey is not: fast, for the faint at heart, easy, cheap, for the impatient nor right away. If more than 50% of this applies to you, best get off the bus.

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Mwamba Apprentice

Mwamba   25

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8 minutes ago, canadian_wife said:

 

You have to travel to Kenya anyway, either with option 1or 2. You cannot file after a Zoom wedding until AFTER you have met in person. 

 

Good luck 

I see - noted! Thanks @canadian_wife!

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SalishSea Grand Master

SalishSea   17,827

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49 minutes ago, Mwamba said:

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.

Unfortunately, this is indeed fraud.  Your lawyer gave you bad advice.

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Crazy Cat Grand Master

Crazy Cat   41,845

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50 minutes ago, Mwamba said:

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.

That is illegal...... visa fraud.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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SalishSea Grand Master

SalishSea   17,827

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27 minutes ago, Mwamba said:

Another question about the wedding - just thinking about it, I think here are my options:

 

1. Go to Kenya & get married there in person - civil marriage - expensive as I have to travel to Kenya.

2. Do Utah Online Wedding here in USA - not expensive.

 

Which one do you guys recommend? And why?

 

Thanks,

Mwamba 

There is no way around you having to travel.  USCIS does not accept proxy marriages.

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Mwamba Apprentice

Mwamba   25

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Another question:

WRT her passports, because the passports were marked with "Revoked Visa", do you recommend that they get new passports? Someone mentioned that it may be a good idea to get new passport that have no markings.

 

Mwamba

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