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Old 11-11-2006, 03:37 PM   #1 (permalink)
Ruth
 
Posts: 42
Default tourist visa cancelled applying for fiance visa???

heloo there!!!hope you guys can shed some light regarding my sister's
predicament she went to US last month under tourist visa she was
denied entry and was given option of Withdrawal of the Application for
Admission their basis was sec212(a)(7)(A)((I) their basis was im not
sure if it was misrepresentation or documentation problem.Now her
fiance intends to file a fiance visa for her what is the probobility
that she'll be denied?? and how long is the procedure?thanks everyone
for your time!!!!

ruth
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Old 11-11-2006, 04:39 PM   #2 (permalink)
Noorah101
 
Posts: 12637
Default Re: tourist visa cancelled applying for fiance visa???

> heloo there!!!hope you guys can shed some light regarding my sister's
> predicament she went to US last month under tourist visa she was
> denied entry and was given option of Withdrawal of the Application
> for
> Admission their basis was sec212(a)(7)(A)((I) their basis was im not
> sure if it was misrepresentation or documentation problem.Now her
> fiance intends to file a fiance visa for her what is the probobility
> that she'll be denied?? and how long is the procedure?thanks everyone
> for your time!!!!
>
> ruth

As far as I know (but I'm not a lawyer), being denied entry will have no
effect on future immigration efforts. How long the K-1 fiance visa takes
depends on the country your sister is from. What embassy will she be
using? I suppose a fair range of time, offhand, would be anywhere from
4-6 months to 12-18 months....give or take.

Best Wishes,
Rene
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Old 11-15-2006, 02:21 AM   #3 (permalink)
Matthew Udall
 
Posts: 1281
Default Re: tourist visa cancelled applying for fiance visa???

> heloo there!!!hope you guys can shed some light regarding my sister's
> predicament she went to US last month under tourist visa she was
> denied entry and was given option of Withdrawal of the Application
> for
> Admission their basis was sec212(a)(7)(A)((I) their basis was im not
> sure if it was misrepresentation or documentation problem.Now her
> fiance intends to file a fiance visa for her what is the probobility
> that she'll be denied?? and how long is the procedure?thanks everyone
> for your time!!!!
>
> ruth

Just curious:
Was she a fiancee at the time she applied for the tourist visa, and
if so, did she check the box on the DS-156 stating she had a fiancee
in the U.S?

And when she attempted to enter, was she just going to visit then
return, or was she trying to enter, marry and file for AOS?

Again, just curious.
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Old 11-17-2006, 04:59 AM   #4 (permalink)
Cmstrick
 
Posts: 84
Default Re: tourist visa cancelled applying for fiance visa???

> heloo there!!!hope you guys can shed some light regarding my sister's
> predicament she went to US last month under tourist visa she was
> denied entry and was given option of Withdrawal of the Application
> for
> Admission their basis was sec212(a)(7)(A)((I) their basis was im not
> sure if it was misrepresentation or documentation problem.Now her
> fiance intends to file a fiance visa for her what is the probobility
> that she'll be denied?? and how long is the procedure?thanks everyone
> for your time!!!!
>
> ruth

I'm not sure about your exact situation, but when he was my boyfriend
he was coming to the US to marry me. We didn't know about immigration
law. My husband told the immigration officer his purpose of coming to
the states. He was sent to secondary questioning because we bought him
a one way plane ticket. Hubby told the officer he was coming to marry
me. His tourist visa was canceled, and it had the same thing written
in it sec 212(a)(7)(A)(I). You can search for posts on cmstrick and
see the history.

Anyway, he was sent back to Mexico, and we were told to apply for the
fiance visa. Hubby got the visa eventually. The first approval
through the service center of the I-130 took about 3 months longer than
others who had applied through the same service center at the same
time. I eventually found a friend that worked for a congressman who
put me in touch with someone in DC. I don't remember his name, but I
believe he helped.

Our I-130 was approved after 7 months. When we went to our first
interview at the consulate they asked for my husband's fingerprints for
an FBI check. We believe it was because of the previously canceled
tourist visa. They called us back again 6 weeks later for the 2nd
interview where he was given the visa.

No major problems since then. I believe that in your case someone must
have said their intent was to come to the US. The officer allowed them
to withdraw their application for admission. This doesn't have any
major affects. Just so you know - because we went through the same
thing. I was so mad at first, but after I learned the laws I was
grateful that hubby was stopped. After we finally got married I found
the officer at the airport that stopped my husband. I called him to
thank him for doing that. He didn't seem to care much, but I wanted him
to know how grateful I was because he actually helped us. If hubby had
made it through that day and we had gotten married and he stayed in the
US - we probably wouldn't be living together here in the US today.
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Old 11-17-2006, 07:44 AM   #5 (permalink)
Fatbrit
 
Posts: 1677
Default Re: tourist visa cancelled applying for fiance visa???

> Just curious:
> Was she a fiancee at the time she applied for the tourist visa, and if
> so, did she check the box on the DS-156 stating she had a fiancee in
> the U.S?
>
> And when she attempted to enter, was she just going to visit then
> return, or was she trying to enter, marry and file for AOS?
>
> Again, just curious.

Don't forget, Matt baby, it killed the cat!
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Old 11-17-2006, 10:56 AM   #6 (permalink)
-Folinskyinla
 
Posts: 994
Default Re: tourist visa cancelled applying for fiance visa???

> heloo there!!!hope you guys can shed some light regarding my sister's
> predicament she went to US last month under tourist visa she was
> denied entry and was given option of Withdrawal of the Application
> for
> Admission their basis was sec212(a)(7)(A)((I) their basis was im not
> sure if it was misrepresentation or documentation problem.Now her
> fiance intends to file a fiance visa for her what is the probobility
> that she'll be denied?? and how long is the procedure?thanks everyone
> for your time!!!!
>
> ruth

Hi:

(a)(7)(A) findings are "no valid visa". A long time ago, back in the
days of "exclusion" proceedings before Immigration Judges, I
heard one refer to this as "spitting on the sidewalk."

It is the "(a)(6)(C)" finding that is fraud or misrepresentation.
__________________
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
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