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

[carmel34 3,626]

One more word of advice after reading all the excellent suggestions posted so far.  Given your circumstances, I strongly suggest that you spend as much time together as possible after you get married and file an I-130 petition for a spousal visa.  Make multiple visits to be together, and document all of those visits (original boarding passes, passport stamps, hotel receipts, a few photos together).  Time spent together, in person, will be a big factor in your favor.  Some financial co-mingling, as much as you can do while living in separate countries, would also be a good idea.  You will have two opportunities to submit evidence that your marriage is bona fide--with the initial I-130 petition, and a year or more later, at the NVC stage.  Good luck!

[Mwamba 25]

4 minutes ago, carmel34 said:

One more word of advice after reading all the excellent suggestions posted so far.  Given your circumstances, I strongly suggest that you spend as much time together as possible after you get married and file an I-130 petition for a spousal visa.  Make multiple visits to be together, and document all of those visits (original boarding passes, passport stamps, hotel receipts, a few photos together).  Time spent together, in person, will be a big factor in your favor.  Some financial co-mingling, as much as you can do while living in separate countries, would also be a good idea.  You will have two opportunities to submit evidence that your marriage is bona fide--with the initial I-130 petition, and a year or more later, at the NVC stage.  Good luck!

@carmel34 Very great advice! I'm truly glad I made this posting - now I have a way forward. It may take long but I know I'll have my family together. I can't wait to make a posting here that we're together! Thanks again!!!

[Dashinka 24,493]

I don’t have any added advice as you have received very good advice from all the great members here already including The Pope a.k.a. @African Zealot.  I wish you good luck on your journey!

Edited July 28, 2022 by Dashinka

[Mwamba 25]

1 minute ago, Dashinka said:

I don’t have any added advice as you have received very good advice from all the great members here already including The Pope a.k.a. @African Zealot.  I wish you good luck on your journey!

@Dashinka Indeed! I truly appreciate the great advice given including, as you said it, from none other than The Pope a.k.a @African Zealot!!! 🤣🤣🤣 Thanks!!!

[Family 3,988]

8 hours ago, Mwamba said:

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.

Apply for your N-400 Citizenship NOW…as in today, as you stated you qualify. You will secure your own future as a USC . 

There will not be a need to renew I-90 , even though you are traveling out in October to marry .

 

Once married , file 3 x I-130 one for each , although you file them as LPR,  the moment you Naturalize, the petitions will automatically be upgraded to IR ( immediate relatives) . 
 

 

[Dashinka 24,493]

10 hours ago, Family said:

Apply for your N-400 Citizenship NOW…as in today, as you stated you qualify. You will secure your own future as a USC . 

There will not be a need to renew I-90 , even though you are traveling out in October to marry .

 

Once married , file 3 x I-130 one for each , although you file them as LPR,  the moment you Naturalize, the petitions will automatically be upgraded to IR ( immediate relatives) . 
 

 

I was thinking about this as well, but as @SusieQQQ pointed out there is an advantage of remaining an LPR in this situation as the minor children would be derivatives of the F2A instead of requiring separate I130's as an IR1/IR2.

[Lil bear 4,201]

On 7/29/2022 at 3:51 AM, Mwamba said:

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

What the lawyer recommended is fraud 

[Family 3,988]

17 hours ago, Dashinka said:

On 7/28/2022 at 5:32 PM, Family said:

Apply for your N-400 Citizenship NOW…as in today, as you stated you qualify. You will secure your own future as a USC . 

There will not be a need to renew I-90 , even though you are traveling out in October to marry .

 

Once married , file 3 x I-130 one for each , although you file them as LPR,  the moment you Naturalize, the petitions will automatically be upgraded to IR ( immediate relatives) . 
 

 

I was thinking about this as well, but as @SusieQQQ pointed out there is an advantage of remaining an LPR in this situation as the minor children would be derivatives of the F2A instead of requiring separate I130's as an IR1/IR2.

Any LPR remains vulnerable to life’s unforeseen oddities and OP may face delays with the I-130 so becoming a USC should be a priority for him. 
Because OP will not need to renew his I-90,  it only means paying the equivalent of one I-130 and children are covered w their own I-130 s. 

 

[Mr Genuis 91]

On 7/28/2022 at 11:16 AM, 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 · 79 downloads

The truth is, eventhough some did it successfully, it's hard to outsmart the DHS (especially at the POE). your intent was an issue, and the is no short way in this situation. You want to bring your family here, simply filed the right paper works from Kenya instead of trying to take short rout. The solution to this is, they should travel back to Kenya, you go to Kenya get marraid. Then start the process. If you are a U.S citizen it will not take that much time to process the application. One year or so. Any other way aside of this is just wasting your money. 

[CitizenY 5]

Jesus. Can the US government do its best to process Spousal Visa's faster? Why is it considered acceptable to spend 2 years to in order to reunite with your spouse. 

[Ali9090 1]

I’m a usc & we did it the right way it took almost 2 years but my wife is here in USA legally. No shortcuts. Good luck bro 

[LEISEROM 32]

My friend advised his "girlfriend" to try this exact scenario. She did and the result was the same. About the only difference was no kid and she tried to enter at SFO airport. 

 

He listened to no one and thought they could get away with it. They didnt.

 

Who advised you to try this stunt. If you paid them anything they need to refund you the money. Sorry no sympathy from me.

[magnolia75 3]

On 7/28/2022 at 12:54 PM, Timona said:

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

Sadly, many attorneys advise this.  A friend of mine came here from Germany, got married and then adjusted status here. Her lawyer advised this. Very common. 

 

Perhaps if this process didn't take so long - especially for people from African countries, people wouldn't look for alternate routes.  African citizens seem to have paperwork stashed away on a back burner and get processed slower than any other country I know! 

 

I came here on a k1 visa in Feb 2007 and it took 3 months! I was a LPR by July that same year. Friends from Africa waited over a year for theirs! 

 

I'm not looking forward to this process for my fiancé.  He's in Nigeria and immigration is even harder on them. 

 

Good luck to the OP. I'm contemplating moving back to my home country. Our immigration process is super  fast. 

[jacobson00 5]

I am African and i want to tell you the person that advised you to get them in with a visitor visa gave you the worse advice ever. Any African family specially a woman+kids (unless they are from a diplomate family), specially when school is in session will most likely get denied entry.

I went to the green card process while family was outside, it took a while but the wait for worth it. They travel with a peace of mind.  B1/b2 visa is never guaranteed you will get in. 

[jacobson00 5]

I'll recommend you wait a bit before you apply for fiancé or spouse visa. Just let them live their normal lives in Kenya for a while.  The stunt they trying to pull was not a good one.