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Question for Sammy or anyone about 129f bars

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  • Question for Sammy or anyone about 129f bars

    Sammy
    I am new to actually posting on this board, but I have been lurking for a few weeks. I recently read a post wherein you stated that someone can be barred if they are removed/deported.
    I am an usc that is crazy in love and engaged to a man from Germany. He would come visit on and off for 3 years taking care never to overstay the 90 day period. Last winter, he arrived on the east coast and was held at the airport. INS believed that he was working in the united states without authorization. He stated he was here to visit family and his girlfriend. They held him for six hours and would not let him contact friends or family. He finally refused to answer further questions until he had representation (I know, not a smart move but one I can understand)and the INS held him overnight and sent him back to Europe. That was the situation. Since then, we have filed a I129F petition with Nebraska. I am wondering if his denial of entry will affect us getting an approval on our application. If so, is there any way that we can appeal that???
    Thank you ever so much for answering this long post!!!

  • #2
    Sammy
    I am new to actually posting on this board, but I have been lurking for a few weeks. I recently read a post wherein you stated that someone can be barred if they are removed/deported.
    I am an usc that is crazy in love and engaged to a man from Germany. He would come visit on and off for 3 years taking care never to overstay the 90 day period. Last winter, he arrived on the east coast and was held at the airport. INS believed that he was working in the united states without authorization. He stated he was here to visit family and his girlfriend. They held him for six hours and would not let him contact friends or family. He finally refused to answer further questions until he had representation (I know, not a smart move but one I can understand)and the INS held him overnight and sent him back to Europe. That was the situation. Since then, we have filed a I129F petition with Nebraska. I am wondering if his denial of entry will affect us getting an approval on our application. If so, is there any way that we can appeal that???
    Thank you ever so much for answering this long post!!!

    Comment


    • #3
      Hi. He may or may not have a bar depending on how he left. The fact that he was held overnight makes it appear that he may have the bar. You can call immigration for information or request a FOIA. If the bar is applicable the the appropriate waiver would be I-212.

      Comment


      • #4
        Since he had never overstayed as such he will not be subjected to any bar. BCIS did not allow him to enter the United States will not affect fiance Visa petition.
        Good luck.

        Comment


        • #5
          Thank you so much for your help Umesh...your post has relieved me immensely.

          Comment


          • #6
            wouldnt they write code numbers on the last page in his passport (CFR)?? This might give you a little insight... Its a very difficult thing though to read all the double talk within those codes but I am sure something was written.

            Comment


            • #7
              I know that they wrote something on his passport because when he arrived the next day in Germany. The customs inspectors in Germany asked if there had been a problem with him getting there and so that led him to believe that they had somehow noted it on his passport.
              In regards to the earlier post from spouse. He only left that next day because the airline that he was travelling on did not have any flights until the next morning.

              Comment


              • #8
                Wait patiently.
                Their comments are useful.

                Sammy, Mohan, and other people have to search the web and cut and past or go though some of the self-help immigration books they have and type the relevent section onto the discussion board.

                They do not know about the nuances of how a particular case can be handled effectively. Only refer to the area of the law that applies.

                So, wait paliently for their response, they are useful, although they never give credit to where they got the information, very typical of their Indian heritage.

                But do not rely on their comments, please do research on your own.

                YOU SHOULD CONSULT A COMPETENT LAWYER for IMPORTANT IMMIGRATION MATTERS THAT IMPACTS YOU.

                Comment


                • #9
                  TO: WakerJane

                  The reason your boyfriend [fiance] was held being questioned at the port of entry in the U.S. because INS might had noticed that he was visiting here frequently and was staying upto the full term of his staying previlege under his VWP even though he never overstayed here in the past. Under the new regulations adopted two years ago, if an alien frequently visits to U.S. or stays here upto the full terms of his/her visa waiver privelege or authorized stay each time on frequent basis then the alien is subject to the presumption of INS and State Dept. that s/he is misusing VWP or nonimmigrant visa, and then alien carrys the burden to prove contrary to this presumption with 'clear and convincing evidence' in order to secure entry to U.S. The govt presumption is based upon- because lots of people using their nonimmigrant visa or visa waiver privilege to come here for work, but they do leave without being overstayed so that no one can suspect their this kind of activities, as well to keep their privilege of VWP or nonimmigrant visa. But, govt got aware of these activities, that's why govt has just recently revoked this visa waiver privelege to nationals of some countries like Uruguay because of misusing of this VWP or nonimmigrant visa.

                  As Mohan said your fiance won't have any bar because- he was not deported or removed from the U.S., instead INS just refused entry to him based on their presumption of working here when he could not able to convince them otherwise. And, INS do reserve the right to deny entry to anyone without any reason whatsoever even though some one has valid visa or VWP to enter U.S. The bars only apply if he was deported, or if he has overstayed here 6 months or more in illegal status and then leave the country, but he did not, so don't worry about the bar. Even though INS has stamped some kind of code on his passport [but I doubt it], still, you shouldn't be worried because those code just to alarm INS officer to ask question to him about his trip, if he enters again on VWP next time. If he does come on VWP next time then he needs to prepare to convince INS officer at the port of entry about his trip. But, as far as K-1 visa is concerned then he is okay because this visa is not meant for temp. stay, therefore INS office would know his intention of visit at the port of entry. The reason immigration officers in Germany got curious because they were wondering why he was returned back immediately and why he was refused entry to U.S., was there any thing they should know etc..etc. you know govt officials. Don't worry about your fiance's case in respect to this bar issue. Best of all.

                  Comment


                  • #10
                    Waker Jane, You need to find out exactly what happened (file a "Freedom of Information Act" for this purpose);
                    - it makes a big difference with what kind of a visa he was entering (in the past and especially with his last attempt to enter), was it a b-2 visa (tourist) or with the visa waiver?

                    I'm guessing that he was on a tourist visa and he was probably not admitted in, because the BCIS officer suspected that he really was an intendent immigrant and not a tourist.

                    A close relative of mine (German as well) was doing that too, coming and going back and forth often in the late 90's and was finally questioned at one of his last entries. He knew though, that as an alien, in any given year, then you spend more than 180 days (total, not in one visit, no overstays), you have to do a U.S. tax return on your income. That finally saved him then he argued that he'd never overstayed, never did anything unlawfull, and properly filed his U.S.

                    I don't think the non-admittance (or "expedited removal" as they call it) would affect your friend in the long run. You should just investigate to find out if there is a barr of inadmissiability on him (if there is, shouldn't be not more than 3 years and could be overcome by a waiver). Good luck!

                    Comment


                    • #11
                      TO: WakerJane

                      I forgot to address another issue of appeal. You can not appeal the decision on K-1 petition, instead you are allowed to refile it, because if K-1 visa petition is denied then it would be denied 'without prejudice', which means you are always allowed to refile it as long as you meet its requirements. But, next time if you file after denial then be sure to overcome the reason of denial of this time if it is denied. But, you need to pay processing fees each time you refile it.

                      One more thing, I never cut, paste or copy any information from anywhere either from books or websites, instead I give my opinions based on my personal knowledge about the facts and laws. I don't need to waste my valuable time in researching the information for someone else, especially when I have lots of other important things to do in my life. How can someone speculate about someone's heritage or their 'origin' nationality? It seems to me that the other poster is a pyschic reader who can see thru what other people are doing in order to help others, as well where someone has come from. It does make me laugh loud.

                      Comment


                      • #12
                        Thank you sammy, mohan, umesh and everyone that has posted for the information. It has been really helpful to me and I am grateful for your advice. I didn't realize at the beginning of this what a roller coaster experience it would be. We filed at the end of April and BCIS got our request on April 28th. We have not gotten anything but a notice of reciept. I called a few times towards the beginning of this process to see exactly what goes into determining approval...I spoke with several different people there who each gave me responses pretty much telling me that they didn't know the specifics but that we have to prove that we know each other. I covered this with quite a bit of evidence (airplane tickets, photos, original statements, etc.)
                        As far as the processing time goes....I can hardly believe that between July 1st and July 15th, that they have only processed 3 days worth of 129f visas....can this information be accurate??? Is there anywhere that I can search to maybe get an indication from others in my situation as to what date was the last 129f worked on in Nebraska. I called BCIS last week, waited 15-20minutes on hold, and spoke to a girl that sounded fresh out of high school who sounded upset that I called before even hearing my questions. She told me that they are now taking 7 months instead of the 5-6 month projected processing time. Then the next day I spoke to a gentlemen there that was nice and told me that they are taking 4 months right now for these cases....I don't know who to believe on it....again thank you for whatever information you can give.

                        Comment


                        • #13
                          TO:WakerJane

                          Don't worry about the processing time because the projected time which is given on your 'Notice of Receipt', as well on BCIS Website, or INS gives on their 8oo toll-free #, could change without any notice depending on how busy is BCIS and what are their utmost priorities. Usually, the processing time they give is just an 'approximate', and there is never a guarantee for it's actual time because it's actual time is depend on lots of more other factors. Even though, you call any official of BCIS, or any attorney or anyone who went thru this process or any expert, it still would be an 'approximate' time instead of 'guranteed' or 'actual' time, therefore, just forget about it's processing time and wait until you hear from them. Moreover, you don't have any other choice anyway because you can not do anything right now. Calling here-there, or checking up the processing of time, or checking up the status of yr petition, won't speed-up the processing on your petition nor anyone can give you exact processing time or status of your petition anyway [even BCIS, unless you talked direct to assigned officer on yr case, which you can not do and will never know who is the assigned officer on your this petition]. Don't speculate anything or something about your case like what would, should, could, and, but, if, or .... Just relax and wait patiently, otherwise you would get confused with conflicting information by all types of other people who really don't know the exact timing of its processing or its status.

                          The same rule also applies when you asked about the merit of the case because each person has their own ideology on your fiance's case. The truth is you won't know anything for sure about what BCIS would ask or do in your fiance's case until you'll hear from INS about your fiance' case. Lot of folks don't possess right information, and if they provide you wrong information then you will get panaroid and will get highly confused. My best advise to you - just relax and wait to hear from them, periord. I hope you've submiited all the required documents alongwith I-129F, otherwise BCIS would ask you to meet all those requirements, which means your case would be delayed more for adjudication. Best of all.

                          Comment


                          • #14
                            Thank you again for your advice Sammy. I do understand that it is pretty much just a waiting game and I usually go for a few weeks able to deal with that. I admit though at times I do get impatient and start to miss my fiance so much that I want to MAKE SOMETHING HAPPEN and that is where I guess I need to learn even more patience. When I submitted all of my documents, I was reading the requirements that the DHS/INS required for the 129f processing. However, I have since noted that quite a few people here are saying that they have sent in an affidavit of support along with their documents. I read and reread the 129f requirements and even called BCIS for help when compiling the information and they told me that they would NOT need the documentation for initial processing of my request. That would come after we recieved the approval. I do suppose if I overlooked this information or was informed wrong by the BCIS then it would hold my case up further. If they inform me that they need the document, I suppose I will have to overnight it and wait a few more weeks. Again, thanks to everyone that has responded. It has helped me immensely to know that I am definetly not alone in having to deal with this complicated, lengthy, heart-wrenching process.

                            Comment


                            • #15
                              TO: WakerJane

                              In your case, you need to submit a form I-864 [Affidavit of Support for immigrant visa] ONLY at the time when your fiance adjusts his status to permanent resident after coming to the United States.

                              At the time of issuing K-1 Visa to your finace, Consulor will ask him to submit an evidence to show that he is not likely to become a public charge, otherwise he will be denied for K-1 visa because 'likelihood of becoming a public charge' , which is one of the ground for denial of entry for nonimmigrant visa also, and as you know that K-1 Visa is a nonimmigrant visa. You need to send a completed form I-134 [Affidavit of Support for nonimmigrant visa] to your fiance if your finance can not prove that he is financilly sound for his trip to U.S. on K-1 visa. But, he will need this affadavit of support form with him only at the time of interview on K-1 Visa. Consulate will notify him about what documents he needs at the time of interivew on K-1 visa, when they will arrange an inteview for him and he would have enough time to prepare for it as they usually mail the appointment letter for interview 30 or more days in advance. Good Luck.

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