K1 Fiance Visa

[snowwbunnny 1]

Just need thoughts and/or opinions on a case matter..

 

A us citizen is petitioning a fiancé ..

the fiance (beneficary) 3 years ago made an illegal entrance through ground and was caught 4 times. 3 of those times fingerprints and pictures were taken and sent to jail .. only lasted for a few days and sent on a bus back to the border and the fiance voluntarily went back to their country. Was given no documents no paper NOTHING!!!! whatsoever. Not considered “deported” if voluntarily went back. Pictures were taken in mcallen tx & mexico 

 

So.. the petitioner had the fiance fill out fingerprint cards to turn into and send to FBI and FOIA to look if appeared in the system to fill out the k1 fiance visa without any issues. 
 

the results came back in 2 months .. and showed clear with nothing was found with the information we gave meaning the fiance has a clean and clear background. 
 

The petitioner took those results to 3 lawyers and they all said there was no problem in processing the k1 fiance visa because that indicated that the fiance was never deported. And has a clean background. 
 

The question is.. where is the fiance information at then? The fingerprints & the photos taken?

 

will the fiance have problems in the interview when asked “have you ever been to the us” what will they answer? 
 

The petitioner sent those results along with the I-129 .. so far no “rfe” it’s been 51 days since uscis received. 
 

Please share thoughts or opinions. 

 

 

[milimelo 4,475]

I'd look at the DS-160 those have your ever questions... Sounds like repeat disregard for US laws - that can trip you up. 

[Crazy Cat 41,770]

8 hours ago, snowwbunnny said:

The petitioner took those results to 3 lawyers and they all said there was no problem in processing the k1 fiance visa because that indicated that the fiance was never deported.

I would not trust that answer.  Repeated illegal entries can be very serious.  Lying on an immigration form can be disastrous. 

[canadian_wife 1,822]

If you are concerned about the fingerprint data, you could consider a Freedom of Information Act request.  It is not a quick or cheap process but that my give you the answers you are seeking. 

 

Good luck

[Boiler 45,434]

From a practical perspective you will find out at the interview.

 

it does bound like there is anything that requires a waiver but…

[snowwbunnny 1]

2 hours ago, canadian_wife said:

If you are concerned about the fingerprint data, you could consider a Freedom of Information Act request.  It is not a quick or cheap process but that my give you the answers you are seeking. 

 

Good luck

But they already did .. the results came back in 2 months and indicated nothing was in the system. 

1 hour ago, Boiler said:

From a practical perspective you will find out at the interview.

 

it does bound like there is anything that requires a waiver but…

A waiver? The lawyers never told them anything about that. 

[snowwbunnny 1]

3 hours ago, Crazy Cat said:

I would not trust that answer.  Repeated illegal entries can be very serious.  Lying on an immigration form can be disastrous. 

They didn’t lie on the immigration form. The beneficiary put “yes” under the question.. “have you ever been to the us” and attatched the results from fbi & foia. Recent lawyer said to be very honest just in case the beneficary could appear somwhete in the system. 

4 hours ago, milimelo said:

I'd look at the DS-160 those have your ever questions... Sounds like repeat disregard for US laws - that can trip you up. 

Thanks for the advise!

[OldUser 6,585]

4 hours ago, canadian_wife said:

If you are concerned about the fingerprint data, you could consider a Freedom of Information Act request.  It is not a quick or cheap process but that my give you the answers you are seeking. 

 

Good luck

What do you mean by not cheap? FOIA is free.

Edited November 10 by OldUser

[canadian_wife 1,822]

Excellent point, my question should have been if an FOIA was done with the correct agency.  
 

and yes, the initial filing is free but the fees can stack up for search time, translation time or copies. Sorry I wasn’t clear.

Edited November 10 by canadian_wife