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  • Deported and canceled ESTA, applying for K1

    Dears,


    I was deported on my second time trying to visit USA on ESTA to meet my fiancee (whom we ben together for 3+ years). They told me I overstayed on my first trip even though they gave me 3 months validity. I was interrogated heavily and then they told me I will go back home on the next plane (September 2017). The officer told me to use another VISA to come back and not the ESTA, which is why we finally decided to apply for the K1. (She submitted package in Dec 2017) and it is still under review, I know we should hear back any time soon since they are reviewing November 2017 documents as per the website
    As I understood theres:

    I know that my deportation case was :8CFR 217.4 (a)(1) : (3) Refusal of admission under paragraph (a)(1) of this section shall not constitute removal for purposes of the Act.

    is my K1 visa going to go through?

    I know my case was not 212, do I need to fill I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal and take it with me to the embassy?

  • #2
    Originally posted by Aquariu5 View Post
    Dears,


    I was deported on my second time trying to visit USA on ESTA to meet my fiancee (whom we ben together for 3+ years). They told me I overstayed on my first trip even though they gave me 3 months validity. I was interrogated heavily and then they told me I will go back home on the next plane (September 2017). The officer told me to use another VISA to come back and not the ESTA, which is why we finally decided to apply for the K1. (She submitted package in Dec 2017) and it is still under review, I know we should hear back any time soon since they are reviewing November 2017 documents as per the website
    As I understood theres:

    I know that my deportation case was :8CFR 217.4 (a)(1) : (3) Refusal of admission under paragraph (a)(1) of this section shall not constitute removal for purposes of the Act.

    is my K1 visa going to go through?

    I know my case was not 212, do I need to fill I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal and take it with me to the embassy?
    Since denial of admission on VWP doesn't count as being "removed", you do not have a 9A ban that would result from being "removed". Since you do not have a 9A or 9C ban, I-212 is not applicable. I don't see anything that would cause you to not be able to get K-1 visa.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by Aquariu5 View Post
      Dears,


      I was deported on my second time trying to visit USA on ESTA to meet my fiancee (whom we ben together for 3+ years). They told me I overstayed on my first trip even though they gave me 3 months validity. I was interrogated heavily and then they told me I will go back home on the next plane (September 2017). The officer told me to use another VISA to come back and not the ESTA, which is why we finally decided to apply for the K1. (She submitted package in Dec 2017) and it is still under review, I know we should hear back any time soon since they are reviewing November 2017 documents as per the website
      As I understood theres:

      I know that my deportation case was :8CFR 217.4 (a)(1) : (3) Refusal of admission under paragraph (a)(1) of this section shall not constitute removal for purposes of the Act.

      is my K1 visa going to go through?

      I know my case was not 212, do I need to fill I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal and take it with me to the embassy?
      I agree with above comment.

      And a K1 visa is an immigrant visa, so there should be no issues getting this as your intention is to stay, going through legal channels.

      If you were to try and apply for a B1/B2 tourist visa, that's where you might find issues as it's a non immigrant visa, and sometimes after they've had trouble with their ESTA and having overstayed, even if they left a day late etc, they run into trouble when trying to prove non immigrant intent for the visitors visa.

      In my opinion, you won't have an issue with the standard route of applying for a K1, and won't need to fill out an I-212
      Marriage AOS - 2018

      4-10: Sent to Chicago Lockbox
      4-12: Arrived in Chicago
      4-14: Picked up by USCIS
      4-19: Email & text notifications received
      4-23: I-797 Receipts received
      4-27: Biometrics notice received
      5-10: Courtesy letter for I-693
      5-11: Biometrics completed
      6-04: Interview scheduled
      6-09: Received interview letter
      7-10: Interview complete & approved, status change to New Card being Produced
      7-13: Card was Mailed
      7-18: Green Card in Hand

      Comment

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