Aaron201k

Hello,



My fiance was living in California on a tourist visa for 6 months at a
time for the past 2 years. She would go back to England where she is
from every 6 months to renew her visa. The last time she went back to
England when her 6 months was up, she was detained by US customs in San
Francisco and denied entry. They searched her bags and found her journal
with all her work hours from working as a nanny in california. They
canceled her Visa and sent her back to England. She signed a voluntary
leave paper when they canceled her visa.



We have decided we want to get married and have applied for a K1 visa on
10/10/2003. Our only concern for getting approved for the K1 visa is
that her visa was canceled. We are not sure if that means banned or not?



My questions is... does anyone know if we will still be approved for the
visa even though her passport was cancaled? We know that she signed a
voluntary leave paper so its not as bad as if she was actually cought
over staying her visa and was deported. We also know that one of the
customs agents, who wouldn't let me see her at the airport, told her
that the only way she could get back into the US was on a fiance visa.
The only bad side was that they found her work journal. We have no idea
what was put on her record when her visa was canceled. All I do know is
that is was illegal for her to be working here and that might make her
inelligible for a new visa.



Please help... Any comments will be great!

Thanks

Aaron

Buendia

Originally posted by aaron201k

    > Hello,


    > My fiance was living in California on a tourist visa for 6 months at
    > a time for the past 2 years. She would go back to England where she is
    > from every 6 months to renew her visa. The last time she went back to
    > England when her 6 months was up, she was detained by US customs in
    > San Francisco and denied entry. They searched her bags and found her
    > journal with all her work hours from working as a nanny in california.
    > They canceled her Visa and sent her back to England. She signed a
    > voluntary leave paper when they canceled her visa.


    > We have decided we want to get married and have applied for a K1
    > visa on 10/10/2003. Our only concern for getting approved for the K1
    > visa is that her visa was canceled. We are not sure if that means
    > banned or not?


    > My questions is... does anyone know if we will still be approved for
    > the visa even though her passport was cancaled? We know that she
    > signed a voluntary leave paper so its not as bad as if she was
    > actually cought over staying her visa and was deported. We also know
    > that one of the customs agents, who wouldn't let me see her at the
    > airport, told her that the only way she could get back into the US was
    > on a fiance visa. The only bad side was that they found her work
    > journal. We have no idea what was put on her record when her visa was
    > canceled. All I do know is that is was illegal for her to be working
    > here and that might make her inelligible for a new visa.


    > Please help... Any comments will be great!

    > Thanks

    > Aaron





My opinion is that any time things are irregular like this, you should
hire an attorney!

Aaron201k

Originally posted by Buendia

    > My opinion is that any time things are irregular like this, you should
    > hire an attorney!



No money for a lawyer.

Folinskyinla

Originally posted by aaron201k

    > Hello,


    > My fiance was living in California on a tourist visa for 6 months at
    > a time for the past 2 years. She would go back to England where she is
    > from every 6 months to renew her visa. The last time she went back to
    > England when her 6 months was up, she was detained by US customs in
    > San Francisco and denied entry. They searched her bags and found her
    > journal with all her work hours from working as a nanny in california.
    > They canceled her Visa and sent her back to England. She signed a
    > voluntary leave paper when they canceled her visa.


    > We have decided we want to get married and have applied for a K1
    > visa on 10/10/2003. Our only concern for getting approved for the K1
    > visa is that her visa was canceled. We are not sure if that means
    > banned or not?


    > My questions is... does anyone know if we will still be approved for
    > the visa even though her passport was cancaled? We know that she
    > signed a voluntary leave paper so its not as bad as if she was
    > actually cought over staying her visa and was deported. We also know
    > that one of the customs agents, who wouldn't let me see her at the
    > airport, told her that the only way she could get back into the US was
    > on a fiance visa. The only bad side was that they found her work
    > journal. We have no idea what was put on her record when her visa was
    > canceled. All I do know is that is was illegal for her to be working
    > here and that might make her inelligible for a new visa.


    > Please help... Any comments will be great!

    > Thanks

    > Aaron



Hi:



I find your fact situation confusing.



Why would she be getting a new visa every six months? What kind of visa
would she be obtaining? I find it strange that she repeatedly would go
to the consulate and they would keep giving her a visa every six months.



Also, what country is she a national of? Why was her passport
cancelled? I've never heard of that happening. Why would her home
country do that?



When her passport was cancelled, did her home country lift it? Or does
she still have the passpor with the notations in it?



Does she have the paperwork given her by the BCBP.



Also, the fact that she was attempting entry on a visa does not
bode well.



This is a complicated fact situation based upon what you say and need
review by a competent immigration lawyer.

Cindyabs

Originally posted by aaron201k

    > No money for a lawyer.



A short consulation with an immigration attorney? That doesn't have to
cost a great deal and certainly worth the hassle you may face trying to
do this alone.

Trasmus

Originally posted by aaron201k

    > No money for a lawyer.





You can go through Catholic Charities for free legal advice.



www.catholiccharitiesusa.org/



Or you may be fortunate enough to find a lawyer in the yellow pages to
give you some free legal advice like we did.



trasmus

Charlies

The USCIS doesn't have the power to cancel a passport from another
country so I'm assuming it was just the visa that was cancelled.
Possibly the visa was inside the passport.



Regardless, you certainly need to consult with a good immigration lawyer
for advice on this situation.

Dcmark

Originally posted by aaron201k

    > No money for a lawyer.



You need to find the money. The BCIS now has evidence she worked here
illegally, which is not good.

Buendia

Originally posted by DCMark

    > You need to find the money. The BCIS now has evidence she worked here
    > illegally, which is not good.



I agree. What you see if you read enough posts in this website is that
even cases that seem very simple often have problems, irregularities
that require legal counsel. And since you know there's a problem to
start with, you really need to hire an attorney. The attorney we saw
before we began the filing process consulted with us for an hour for a
flat fee; we asked a ton of questions (had them prepared ahead of time).

Mrt

aaron201k wrote:

    > Originally posted by Buendia
    >
    >
    >>My opinion is that any time things are irregular like this, you should
    >>hire an attorney!
    >
    > No money for a lawyer.
    >

Find the money... You don't want to do this without one.. It appears
that she had been using a tourist visa to work illegally in the US for 2
years and they have proof of this.
Alternatively, you could move to the UK.