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Andy Chai

My fiance got bar for 5 years after deportation..

By Andy Chai in K-1 Fiance(e) Visa Process & Procedures

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Andy Chai Rookie

Andy Chai   0

Posted
Filed: IR-1/CR-1 Visa Country: Hong Kong
 Timeline
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My fiance traveled with me to USA with B1/B2 Visa. However, the INS deport her back before entering US at airport and barred for 5 years under INA 212(a)(9) due to she has intention of staying in US. Can I still apply K1 Visa for her to come? Are there other actions that I need to take? I know I can file K3 Visa for her, but we want to get married in US with my family member present. Please advice.

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pushbrk Grand Master

pushbrk   12,898

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Filed: Other Country: China
 Timeline
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My fiance traveled with me to USA with B1/B2 Visa. However, the INS deport her back before entering US at airport and barred for 5 years under INA 212(a)(9) due to she has intention of staying in US. Can I still apply K1 Visa for her to come? Are there other actions that I need to take? I know I can file K3 Visa for her, but we want to get married in US with my family member present. Please advice.

Time for an attorney. They don't generally give a 5 year bar without a good reason.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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JenT Experienced

JenT   0

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Filed: AOS (apr) Timeline
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You're going to have a good fight ahead of you. Definitely agree.... get an attorney. Yesterday.

8-30-05 Met David at a restaurant in Germany

3-28-06 David 'officially' proposed

4-26-06 I-129F mailed

9-25-06 Interview: APPROVED!

10-16-06 Flt to US, POE Detroit

11-5-06 Married

7-2-07 Green card received

9-12-08 Filed for divorce

12-5-08 Court hearing - divorce final

A great marriage is not when the "perfect couple" comes together.

It is when an imperfect couple learns to enjoy their differences.

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Jasman0717 Grand Master

Jasman0717   9

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
My fiance traveled with me to USA with B1/B2 Visa. However, the INS deport her back before entering US at airport and barred for 5 years under INA 212(a)(9) due to she has intention of staying in US. Can I still apply K1 Visa for her to come? Are there other actions that I need to take? I know I can file K3 Visa for her, but we want to get married in US with my family member present. Please advice.

Time for an attorney. They don't generally give a 5 year bar without a good reason.

:thumbs: How did they know she intended to stay :blink:

usa_fl_sm_nwm.gifphilippines_fl_md_clr.gif

United States & Republic of the Philippines

"Life is hard; it's harder if you're stupid." John Wayne

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Dakine Veteran

Dakine   26

Posted
Filed: Citizen (apr) Country: Philippines
 Timeline
Posted

My fiance traveled with me to USA with B1/B2 Visa. However, the INS deport her back before entering US at airport and barred for 5 years under INA 212(a)(9) due to she has intention of staying in US. Can I still apply K1 Visa for her to come? Are there other actions that I need to take? I know I can file K3 Visa for her, but we want to get married in US with my family member present. Please advice.

due to she has intention of staying in US

What the heck did she tell them?

You may be able to file but don't know if you will succeed. A 5 year ban may cover all types of visas.

I don't know tho for sure.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

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Bassi and Zainab Proficient

Bassi and Zainab   1

Posted
Filed: AOS (apr) Country: Ghana
 Timeline
Posted

When? You can file once the five year ban is up. When did it begin?

GHANA.GIFBassi and Zainab US1.GIF

I-129F Sent: 6-18-2007

Interview date: 6-24-2008

Pick up Visa: 6-27-2008

Arrive JFK POE: 7-2-2008

Marriage: 7-9-2008

AOS

mailed AOS, EAD, AP: 8-22-2008

NOA AOS, EAD, AP: 8-27-2008

Biometrics: 9-18-2008

AOS Transferred to CSC: 9-25-2008

Requested EAD Expedite: 11-12-2008

EAD Card production ordered: 11-12-2008 changed to 11/17/2008 Why? (I hope it doesn't change every week!)

Received AP: 11/17/2008

Received EAD: 11/22/08 (Praise God!!)

AOS RFE: 1/29/2009

AOS Approved: 3/24/2009

Called USCIS 4/1/2009 told no status change and case not yet reviewed from RFE request.

Received green card: 4/3/2009

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Rob & Jin Community Regular

Rob & Jin   0

Posted
Filed: K-1 Visa Country: China
 Timeline
Posted
When? You can file once the five year ban is up. When did it begin?

Seems like you are going to have to wait 5 years. Talk to a lawyer of course, but my guess is if its a 5 year ban, its a 5 year ban. USCIS dont seem seem to be very flexible or compassionate about anything. Maybe you can appeal I dont know.

Nov 2nd 2006 met online

June 28th 2007 sent 1-129f to NSC

July 11th 2007 NOA-1 received date on NOA-1 (now at CSC)

July 19th 2007 NAO 1 Reciept date on NOA-1

Nov 21st 2007 NOA-2

Dec 13th 2007 - arrives at NVC

Dec 20th 2007 - leaves NVC on route to GUZ

March 10th 2008- P3 sent & returned

April 9th 2008- P-4

May 22nd 2008 interview

Tracking:

Filing to Noa -1 -13 days

NOA-1 to NOA-2 - 133 days

NOA-2 to NVC - 22 days

NVC Processing - 7 days

NVC to GUZ - 81 days

P-3 to interview - 73 days

Interview to visa - 10 days

Filing to visa- 341 days

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Seattle2Cebu Enthusiast

Seattle2Cebu   0

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Filed: Timeline
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that sucks

When? You can file once the five year ban is up. When did it begin?

Seems like you are going to have to wait 5 years. Talk to a lawyer of course, but my guess is if its a 5 year ban, its a 5 year ban. USCIS dont seem seem to be very flexible or compassionate about anything. Maybe you can appeal I dont know.

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StillThePrettiest Experienced

StillThePrettiest   3

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Filed: K-1 Visa Country: Australia
 Timeline
Posted

she was turned back at the airport for intent? :blink:

are they mind-readers, or did she say something really incriminating? this seems incredible to me :unsure:

061017001as.thumb.jpg

The Very Secret Diary of Legolas Son of Weenus - by Cassandra Claire

Day One: Went to Council of Elrond. Was prettiest person there. Agreed to follow some tiny little man to Mordor to throw ring into volcano. Very important mission - gold ring so tacky.

Day Six: Far too dark in Mines of Moria to brush hair properly. Am very afraid I am developing a tangle.

Orcs so silly.

Still the prettiest.

Day 35: Boromir dead. Very messy death, most unnecessary. Did get kissed by Aragorn as he expired. Does a guy have to get shot full of arrows around here to get any action? Boromir definitely not prettier than me. Cannot understand it. Am feeling a pout coming on.

Frodo off to Mordor with Sam. Tiny little men caring about each other, rather cute really.

Am quite sure Gimli fancies me. So unfair. He is waist height, so can see advantages there, but chunky braids and big helmet most off-putting. Foresee dark times ahead, very dark times.

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*julez* Veteran

*julez*   124

Posted
Filed: Citizen (pnd) Country: England
 Timeline
Posted
My fiance traveled with me to USA with B1/B2 Visa. However, the INS deport her back before entering US at airport and barred for 5 years under INA 212(a)(9) due to she has intention of staying in US. Can I still apply K1 Visa for her to come? Are there other actions that I need to take? I know I can file K3 Visa for her, but we want to get married in US with my family member present. Please advice.

As previously noted, you should consult with a competent immigration attorney. Its possible that with a hardship waiver request you could overcome this, but you are going to need an attorney who is very experienced in immigration law, and it would be great if they have experience dealing with the consulate you'll be going through. Its an uphill battle you face - best of luck.

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~Laura and Nick~ Mentor

~Laura and Nick~   5

Posted
Filed: Lift. Cond. (apr) Country: Canada
 Timeline
Posted
she was turned back at the airport for intent? :blink:

are they mind-readers, or did she say something really incriminating? this seems incredible to me :unsure:

She may have stated that she's in a relationship with a USC and wants to get married while there...who knows... :blink:

Let's Keep the Song Going!!!

CANADA.GIFUS1.GIF

~Laura and Nicholas~

IMG_1315.jpg

Met online November 2005 playing City of Heroes

First met in Canada, Sept 22, 2006 <3

September 2006 to March 2008, 11 visits, 5 in Canada, 6 in NJ

Officially Engaged December 24th, 2007!!!

Moved to the U.S. to be with my baby on July 19th, 2008 on a K1 visa!!!!

***10 year green card in hand as of 2/2/2012, loving and living life***

Hmmm maybe we should move back to Canada! lol smile.png

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chris4gretchen Community Regular

chris4gretchen   1

Posted
Filed: AOS (pnd) Country: Philippines
 Timeline
Posted

She also might have brought everything she owned with her.

Chris

1_948852256l.jpg

Gretchen montage

Davao July 07

our friendster

08/12/08 AOS sent

08/13/08 AOS received

08/15/08 NOA1 received EAD

08/15/08 NOA1 received AOS

08/19/08 Checks cashed

08/23/08 biometrics appt letter

09/09/08 biometrics

10/27/08 EAD approved

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StillThePrettiest Experienced

StillThePrettiest   3

Posted
Filed: K-1 Visa Country: Australia
 Timeline
Posted

that would tend to raise suspicions; yes...

061017001as.thumb.jpg

The Very Secret Diary of Legolas Son of Weenus - by Cassandra Claire

Day One: Went to Council of Elrond. Was prettiest person there. Agreed to follow some tiny little man to Mordor to throw ring into volcano. Very important mission - gold ring so tacky.

Day Six: Far too dark in Mines of Moria to brush hair properly. Am very afraid I am developing a tangle.

Orcs so silly.

Still the prettiest.

Day 35: Boromir dead. Very messy death, most unnecessary. Did get kissed by Aragorn as he expired. Does a guy have to get shot full of arrows around here to get any action? Boromir definitely not prettier than me. Cannot understand it. Am feeling a pout coming on.

Frodo off to Mordor with Sam. Tiny little men caring about each other, rather cute really.

Am quite sure Gimli fancies me. So unfair. He is waist height, so can see advantages there, but chunky braids and big helmet most off-putting. Foresee dark times ahead, very dark times.

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Dan J Mentor

Dan J   277

Posted
Filed: Lift. Cond. (apr) Country: Indonesia
 Timeline
Posted
My fiance traveled with me to USA with B1/B2 Visa. However, the INS deport her back before entering US at airport and barred for 5 years under INA 212(a)(9) due to she has intention of staying in US. Can I still apply K1 Visa for her to come? Are there other actions that I need to take? I know I can file K3 Visa for her, but we want to get married in US with my family member present. Please advice.

I think there is more to this. I've never heard of a ban for intent to stay. Normally, the person is just turned away at the PoE. Also, by coming to the US with a immigrant or dual intent visa, you wont have any problems with denied entry over intent to stay.

Is it possible that your fiancee has overstayed her visa on previous visits?

But regardless, bans can be overcome, but you will be in for the long haul on this one. Consulting an attorney familiar with immigration law is a good idea.

keTiiDCjGVo

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Rob & Jin Community Regular

Rob & Jin   0

Posted
Filed: K-1 Visa Country: China
 Timeline
Posted
My fiance traveled with me to USA with B1/B2 Visa. However, the INS deport her back before entering US at airport and barred for 5 years under INA 212(a)(9) due to she has intention of staying in US. Can I still apply K1 Visa for her to come? Are there other actions that I need to take? I know I can file K3 Visa for her, but we want to get married in US with my family member present. Please advice.

I think there is more to this. I've never heard of a ban for intent to stay. Normally, the person is just turned away at the PoE. Also, by coming to the US with a immigrant or dual intent visa, you wont have any problems with denied entry over intent to stay.

Is it possible that your fiancee has overstayed her visa on previous visits?

But regardless, bans can be overcome, but you will be in for the long haul on this one. Consulting an attorney familiar with immigration law is a good idea.

I would suggest a Lawyer that is more than just familiar with immigration law, but one who can show you their record on dealing with denials and appeals

Nov 2nd 2006 met online

June 28th 2007 sent 1-129f to NSC

July 11th 2007 NOA-1 received date on NOA-1 (now at CSC)

July 19th 2007 NAO 1 Reciept date on NOA-1

Nov 21st 2007 NOA-2

Dec 13th 2007 - arrives at NVC

Dec 20th 2007 - leaves NVC on route to GUZ

March 10th 2008- P3 sent & returned

April 9th 2008- P-4

May 22nd 2008 interview

Tracking:

Filing to Noa -1 -13 days

NOA-1 to NOA-2 - 133 days

NOA-2 to NVC - 22 days

NVC Processing - 7 days

NVC to GUZ - 81 days

P-3 to interview - 73 days

Interview to visa - 10 days

Filing to visa- 341 days

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