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Worried about fiancé being denied at POE with K-1 visa due to past denials

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Hello all, 

 

To provide some background into the situation, my fiancé is Canadian and I am American and we are both new to the immigration process. We planned on getting married in the United States back on October 26th and as my fiancé and her family attempted to enter the United States by land at the POE, the CBP officer denied them entry because my fiancé's father, who was driving the car at the time, told the CBP officer that his daughter (my fiancé) was getting married in the United States and that he did not know when she was going back. The CBP officer did not make my fiancé sign any paperwork, swear an oath or stamp her Canadian passport. Instead, they educated my fiancé on the K-1 visa and printed out form I-129F, then gave her the paperwork and sent her on her way back into Canada. At this point, emotions were running pretty high and we were all disappointed that we missed our wedding day. A few days later, my fiancé wanted to meet me and family here in the United States before my family left to return to California (I live in Virginia) but once again my fiancé was denied at the airport by the CBP officer and they did not allow her to visit me and my family. My fiancé told me that the CBP officer simply gave her advice on not to return too quickly after being denied before. The CBP officer also suggested that my fiancé try for a TN visa and the officer gave her a NAFTA packet that lists all TN jobs that she can apply for. She left the airport and once again returned home without having to sign any paperwork etc. We learned our lesson and now I am planning on filing form I-129F and my fiancé will not attempt to enter the United States without the K-1 fiancé visa in hand at the POE. Now that she was denied twice before, I am concerned that she may get denied a third time even if she has a K-1 visa with her to show the CBP officer. Should we consult an immigration attorney on this matter? What other options are there if my fiancé gets denied again with a K-1 visa?  

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5 minutes ago, User01 said:

Hello all, 

 

To provide some background into the situation, my fiancé is Canadian and I am American and we are both new to the immigration process. We planned on getting married in the United States back on October 26th and as my fiancé and her family attempted to enter the United States by land at the POE, the CBP officer denied them entry because my fiancé's father, who was driving the car at the time, told the CBP officer that his daughter (my fiancé) was getting married in the United States and that he did not know when she was going back. The CBP officer did not make my fiancé sign any paperwork, swear an oath or stamp her Canadian passport. Instead, they educated my fiancé on the K-1 visa and printed out form I-129F, then gave her the paperwork and sent her on her way back into Canada. At this point, emotions were running pretty high and we were all disappointed that we missed our wedding day. A few days later, my fiancé wanted to meet me and family here in the United States before my family left to return to California (I live in Virginia) but once again my fiancé was denied at the airport by the CBP officer and they did not allow her to visit me and my family. My fiancé told me that the CBP officer simply gave her advice on not to return too quickly after being denied before. The CBP officer also suggested that my fiancé try for a TN visa and the officer gave her a NAFTA packet that lists all TN jobs that she can apply for. She left the airport and once again returned home without having to sign any paperwork etc. We learned our lesson and now I am planning on filing form I-129F and my fiancé will not attempt to enter the United States without the K-1 fiancé visa in hand at the POE. Now that she was denied twice before, I am concerned that she may get denied a third time even if she has a K-1 visa with her to show the CBP officer. Should we consult an immigration attorney on this matter? What other options are there if my fiancé gets denied again with a K-1 visa?  

It sounds like none of that was planned out properly.

 

If your fiance wants to live in the US, you need to petition her for the correct visa.  She was denied entry because she did not have the correct visa.

 

Moving to the US is not simply presenting yourself at the border.  Immigration is a long and expensive process.  I suggest you both do lots of research and reading so that you avoid more pitfalls.

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Filed: K-1 Visa Country: Wales
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I would go the marriage route

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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