In process of K1! Need help if my fiancee need waiver!

[help 0]

Hello,

This is first time I am doing this. I just have few question because I am in a situation that I can fully understand, and this process is just killing me. I did not realize how hard it is to come to US until now.

My fiancee and I got engaged(wedding) in October. We went to Hawaii for a Honeymoon(I am not sure if this is the right word, but this is what she told to immigration officer), and she was deemed to be inadmissible to the US under section 212 (a) (7) (A) (i) (I) because when she was asked for marital status, she said she was married to me and intend to stay in US. The purpose of her trip was to check our place to live and leave the country (she also stated this to the officer and withdrawal of application form). We also have purchased the return ticket for her. She was given a choice to withdraw her application for admission, and she did.

We have never been married, and we never filed any marriage.

I filed a I129F petition for K1 on Nov 17 (This date is what I got from USCIS). I still have not received my NOA1, but the check is cashed, and I got a receipt number from USCIS.

Here is my concern:

1. Is it OK not to receive NOA1 as long as I have a receipt number? I call USCIS multiple time and filed a sevice request for NOA1. No NOA1 yet. Is this because of her Application fro Admission Withdrawn?

2. Does she need to get a waiver? I talk with a immigration lawyer, and he told me she does not need one. But, lawyer at her country said she does and told her it is difficult to get waiver for K1 visa. Do I need to switch to K3 and start the process all over?

Your inputs are greatly applicated.

[kitkat1 5]

1) You are engaged and not legally married, correct? This is a very important detail - you cannot refer to your fiance as your wife or say that your engagement was a wedding or say that your trip to Hawaii was a honeymoon. As you can see this caused a major problem at the point of entry, apparently because she said she was married to you and she wasn't. All of this would also cause major confusion and difficulty at her interview so both of you should get used to using the correct terminology now. She is your fiance, you are not her husband.

2) You can use the receipt number on the back of your cashed check to set up an account on the USCIS website and track your case. You should have received a phsycial NOA1 so I would verify with the USCIS information line that they have your correct address from your petition. There is no relationship to your non-receipt of the NOA and her situation at the point of entry.

3) INA §212(a)(7)(A)(i), any immigrant who, at the time of application for admission:

1. who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by the Immigration and Nationality Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the INS regulations.

I assume she entered the country using a tourist visa. When she said she was married it alerted the officer to the fact that she should have had an immigrant visa. You should NOT need a waiver for this but you should do a consultation with an attorney well experienced with waivers to be 100% sure. Try attorney Laurel Scott's free chat on Wednesday mornings at www.visacentral.net

4) There's not much point to starting over with a K3. If she does need a waiver, she would need one for either type of visa.

[YuAndDan 153]

Hello,

This is first time I am doing this. I just have few question because I am in a situation that I can fully understand, and this process is just killing me. I did not realize how hard it is to come to US until now.

My fiancee and I got engaged(wedding) in October. We went to Hawaii for a Honeymoon(I am not sure if this is the right word, but this is what she told to immigration officer), and she was deemed to be inadmissible to the US under section 212 (a) (7) (A) (i) (I) because when she was asked for marital status, she said she was married to me and intend to stay in US. The purpose of her trip was to check our place to live and leave the country (she also stated this to the officer and withdrawal of application form). We also have purchased the return ticket for her. She was given a choice to withdraw her application for admission, and she did.

We have never been married, and we never filed any marriage.

I filed a I129F petition for K1 on Nov 17 (This date is what I got from USCIS). I still have not received my NOA1, but the check is cashed, and I got a receipt number from USCIS.

Here is my concern:

1. Is it OK not to receive NOA1 as long as I have a receipt number? I call USCIS multiple time and filed a sevice request for NOA1. No NOA1 yet. Is this because of her Application fro Admission Withdrawn?

2. Does she need to get a waiver? I talk with a immigration lawyer, and he told me she does not need one. But, lawyer at her country said she does and told her it is difficult to get waiver for K1 visa. Do I need to switch to K3 and start the process all over?

Your inputs are greatly applicated.

OK let me get this straight she was stopped at the POE and sent back home on a visitors visa? If that was the case, no waiver is needed, she never entered the country, this happens often and does not affect visa petitions.

to answer questions:

1) NOA1 missing or lost is not a problem, the second one NOA2 the approval letter is needed later for adjustment of status. Make sure your address is correct with USCIS so that NOA2 is not lost, and you can check case status on line, on the USCIS website.

2) No waiver needed when a person gets stopped at the POE as sent home. You may need to prove that you are not married by making a sworn statement to that fact, and in the future she should not say "married", "husband" when asked questions at the POE or Visa interview.

[help 0]

Thank you Kitkat1 for responds.

Yes, we are engaged and not legally married.

And, I have called USCIS, got the receipt number, check my mailing address and setup my account in USCIS website.

I called USCIS, andy they told me they have not send my NOA1 yet, and did not tell me the reason.

Is this still ok?

[kitkat1 5]

Thank you Kitkat1 for responds.

Yes, we are engaged and not legally married.

And, I have called USCIS, got the receipt number, check my mailing address and setup my account in USCIS website.

I called USCIS, andy they told me they have not send my NOA1 yet, and did not tell me the reason.

Is this still ok?

It's ok but it's odd - you filed on November 17 and they still have not sent your NOA1? It's not a big deal - only the NOA2 is required for adjustment of status far down the road, but I might call them back and ask them why they have not sent it and when they might get around to it, just out of curiosity.

Otherwise, you can track your case online without a problem.

[help 0]

YuAndDan,

Thank you for your repond.

Yes, she was stop on POE. So she does not need waiver. Is this right?

Does her statment with immigration officer going to reduce our chance of getting the K1 visa?

Thank you again for all your help. This is hardest time for me.

[kitkat1 5]

Denial of entry at the POE does NOT normally require a waiver, however you would be wise to consult with a qualified attorney to be 100% sure.

It should not interfere with the K1 process but there is a good chance she will have to explain herself at her interview. All the more reason for you both to get used to using the correct terminology - she might have still been denied entry had she said fiance, but if she refers to you as her husband at all in the interview process you can be sure there will be more complicated problems.

Denial of entry at the POE does NOT normally require a waiver, however you would be wise to consult with a qualified attorney to be 100% sure.

It should not interfere with the K1 process but there is a good chance she will have to explain herself at her interview. All the more reason for you both to get used to using the correct terminology - she might have still been denied entry had she said fiance, but if she refers to you as her husband at all in the interview process you can be sure there will be more complicated problems.

[help 0]

Thank you kitkat1!!!

Talking with you guys are giving me hope!

I really hope she can get her visa!

[help 0]

Guys,

I talked to my immigration lawyer in US, and he has told me that I do not need a waiver for my fiancee.

But, immigration lawyer in Korea told her she needs it.

This is why I am so confused. I am not sure who to trust. Anybody who went through the similar situation can comment on this will be greatly help.

[kitkat1 5]

Guys,

I talked to my immigration lawyer in US, and he has told me that I do not need a waiver for my fiancee.

But, immigration lawyer in Korea told her she needs it.

This is why I am so confused. I am not sure who to trust. Anybody who went through the similar situation can comment on this will be greatly help.

Does the immigration lawyer in Korea have any experience with US immigration? Probably not nearly as much as the immigration attorney in the US.

Again, I recommend going to attorney Laurel Scott's free chat on www.visacentral.net Wednesdays at 11 am Central Time. Ask her if a denial of entry at the POE requires a waiver - chances are about 99% that it doesn't, but you obviously need to confirm this before you proceed in order to be fully prepared.

[help 0]

Guys,

I talked to my immigration lawyer in US, and he has told me that I do not need a waiver for my fiancee.

But, immigration lawyer in Korea told her she needs it.

This is why I am so confused. I am not sure who to trust. Anybody who went through the similar situation can comment on this will be greatly help.

Does the immigration lawyer in Korea have any experience with US immigration? Probably not nearly as much as the immigration attorney in the US.

Again, I recommend going to attorney Laurel Scott's free chat on www.visacentral.net Wednesdays at 11 am Central Time. Ask her if a denial of entry at the POE requires a waiver - chances are about 99% that it doesn't, but you obviously need to confirm this before you proceed in order to be fully prepared.

I will do that! Thank you!

[kitkat1 5]

and a word of advice on her chat, because it gets crazy there, is to post your question clearly and succinctly i.e.

"Does a denial of entry at the POE require a waiver at a K1 interview?"

If she needs more information, she'll ask. It not, you'll likely get a clear, simple answer.

Good luck.