sailormoon

Hey guys,

Because you were all so helpful in answering my questions I wanted to help out a friend who is trying to apply for a k1 fiance visa for her fiance to join her in the states.

Basically I don't know the whole story but I'll tell you what she told me. He tried to visit her a few years back on the vwp where at the time she was I think 17 while he's three years older so 20 yrs old approximately(they met online). This raised flags at the poe so they asked him tons of questions and were convinced that he would overstay. Then they asked to see his mobile phone (why? I have no idea, this doesn't sound like standard procedure) and apparently he had some "inappropriate" photos of her (she didn't go into detail but I think I can gather what that means). Then through more hours of questioning he admited to sending her photos of the same nature of him. They then told him that he was a criminal and refused him entry. I believe they also took his fingerprints and a picture? (Not too sure about that)

It's been years now and the whole time, she has been forced to visit him in England and he never got to visit her in the states which she is obviously upset about.

Her question is basically, will that incident cause the k1 to be rejected?

Also, she said that when she called the place where he got rejected they stated that the only thing he has to do is apply for a visitor visa but they kept repeating that "he broke the law"

so any oppinions and such please keep them sensitive.

Thanks for your help as usual!

ian-mstm

Yes... or no. It very much depends on whether he was charged with a crime or not. Being called a criminal doesn't actually make him one. *IF* there's no notation in his passport and *IF* no criminal charges were ever filed against him, then a K-1 is likely very doable.

Ian

Noorah101

Your friend and/or his girlfriend should join BE themselves so we can get the whole story. Hearing it passed back and forth 3rd party is not good. It's hard to give an answer when you dont' know the whole story.

Rene

Rete

Yes, carrying pornographic photos into the US is a crime. Regardless of the fact that it were personal porn, the fact is also that the poser was underage at the time of posing and that could well be construed as a crime of moral turpitude.

Bluegrass Lass

But if he was never charged or arrested and just sent home packing, is there an impact on a K1 visa application?

This is out of my realm of knowledge, but I agree with Ian. I would highly suggest at least a one-time consultation with an immigration lawyer to understand what problems they may likely face, if any, during the K1 process. Tell your friend to gather all the info they can and understand any potential roadblocks they may face before they start (so they can be adequately prepred for them). There are waivers available, so it is not hopeless - it may just be more difficult.

Rete

Most definitely needs a consultation with an immigration attorney. That goes without saying. I know that he was wondering about the crime of having the pictures on his cellphone and I wanted to let him know why, if he had been held for arrest and charged, what it would have been about. A lot depends on what was written on his passport and what was written on his records at the POE. Can only offer a layman's opinion but since he wasn't arrested formally and charged with an actual crime and just sent back to the UK, it shouldn't be a problem or if it is one, an unsurmountable problem.

jeffreyhy

sm,

It seems that you answered your "why?" question right there in the 2nd half of your sentence - to see what information the phone might contain that would be relevant to the situation.

This fishing expedition made quite a catch!

Regards, JEff

sailormoon

Thanks for your replies. Basically she just feels embarassed about the whole situation and I just wanted to help her out. I just feel awful because she's a very close friend and watching her be depressed for years now, it really hurts me.

She told me that her bf was never given any paperwork regarding the refused entry so I have no idea if he was charged with a crime. How can she find out if he was?

Bill_S

I doubt that there's much SHE can do. She's not the one with the problem, her BF is. In my opinion, HE needs to contact a lawyer to find out how to proceed. Has he done that?

sailormoon

Not to my knowledge Bill or if he has I don't think he was told any good news as my friend and him are in the same place as they were years ago (living in two seperate countries).

meauxna

He can start by looking in his passport to see if any codes were recorded there (string of letters+numbers).
He can post here himself (strangely, this story has the ring of the familiar.. maybe he did post here before).
The best cure for their depression and uncertainty is to get information. They don't know what is possible and what is not yet, no wonder it's stressful.

sailormoon

Well if he's posted before then I feel really stupid for wasting everyones time but judging by the fact that they did nothing with the information they "were given", it was probably someone else?

I'll get in contact and ask what the passport says.

I'll also ask if he's posted before as I don't want to be bothering you guys.

I'm pretty nervous about my own petition (the CR-1 that I'm filing for my husband at the moment) so I guess this way I take my mind off of it.

meauxna

Probably somone else; I don't remember about the photos, just the ages & not met thing.. I'm sure they're not the only ones though!

I'm sure they appreciate your empathy and desire to help.

And it's no bother. If they need a lawyer, people here will tell them so.
An alternate explanation is that the border agent was just trying to rattle his cage. Just need to gather the facts, then they can see what needs to be done to solve it.

sailormoon

Aw thanks M

ok I was told it says 8cfr 217.4ai as well as 212a2aii

After looking the second one up, the words "criminal grounds of exclusion" get thrown around alot. It sounds like it's really serious unfortunatly.

Rete

From the www.uscis.gov site

212(a)(2) - criminal and related grounds

It requires an I-601 Waiver
"The Form I-601, Application for Waiver of Ground of Inadmissibility, is used by applicants for immigrant visas, non-immigrant fiancé visas, V visas, and adjustment of status to request a waiver of the following grounds of inadmissibility in the Immigration and Naturalization Act (INA):"

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD