K-1 after Expedited Removal

greenspun.com : LUSENET : Immigration Law - Law Offices of Michael Boyle : One Thread

I was issued a B-1/B-2 Visa on 12/27/2001 by the US Embassy, London.

I entered the US twice from 02/24/2002 to 08/18/2002 and from 08/28/2002 to 02/23/2003. On both these occasions I duly informed the BCIS officer at the POE that my purpose of visit to the US was to set up my business over there. I had to go through secondary inspection on both these occasions as I requested a 6-month stay each time. Upon providing them with the necessary documentation in terms of my overseas company, my intent to return and the articles of incorporation for the US Corporation, my I-94 was stamped for the maximum of 6 months on both these occasions. The entry was provided under B-1. I set up an IT company and got a Federal EIN and an ITIN as I spent more than 180 days in the US in fiscal 2002-2003.

I tried to re-enter the US on 03/01/2003 when I was issued an expedited removal and sent back to the UK. During my questioning at the Washington-Dulles International Airport, the BCIS officer told me that I was not allowed to setup and run a business on the B-1 visa and that instead I needed an L-1 visa. My expedited removal documentation states that I was denied entry pursuant to section 235(b)(1) of the Immigration and Nationality Act under 212(a)(7)(A)(i)(I).

During my stay in the US, I had met my present girlfriend and we were regularly seeing and dating each other. She is a United States Citizen and resides in Odenton, MD. Although we had not decided on any specific marriage plans, that was a future intent. Now that we have decided to take the I-129F route to marriage, she filed an I-129F through the Vermont Service Center on the 03/26/2003 and we have our NOA1 dated 03/28/2003.

The thing that scares me is that I will have to additionally apply for Permission to Reapply to Enter the United States (I-212) along with my K-1 visa application here in London. I was wondering if anyone else has had to go through this additional process and if there were any problems and/or denials?

-- Puneet Verma (puneet@manubiz.com), May 13, 2003

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