Getting a New B2 After Revocation of Prior Visa Due Based on Intent to Immigrate

Hi, I was deported under voluntary deportation when I was at POE. The purpose I was there is to visit my friends and my partner. I was held because I didn't have a return ticket and they found resume with some qualification documents in my luggage. This trip is also to discuss our future with my partner and the documents was brought in unintentionally while I was departing from my home thought of discussing of my job future if I was to settle down in US. I thought of returning after 3 months stay in US and we also planned to visit South America before I come back that is also one of the reason I didn't get my return ticket as I might depart from S. America.

I was deported under 22CFR41.122(e)(3) cross over my visa. May I know bad is this? Can I re-apply for visitor visa to enter US? I have an email proof with my partner that I'm suppose to come back home after 3 months, will that help for me to re appeal?

The immigration insist me to enter with K1 otherwise I will not be allowed to enter (is there such a case?) as they thought I'm going to marry him and stay there. I already reaffirm that we are not going to get married during this trip moreover we are not ready yet and this trip is just for visiting for festive seasons.

You have indicated that you intend to live in the US permanently; that will make it difficult for you to obtain a visitor's visa.

An email from your partner isn't going to convince anyone. It does appear that the K1 is your best option.

Thanks Dogmatique for replying.

I told them we are just in planning stage but not yet. We have yet to be together for 2 years and I know applying for K1 we have to be together for 2 years. Meaning it is impossible for us to meet and spend time with each other for another 1 year until I got K1? I mean I can't just go there for 3 months and get married right.

Can I apply for waiver?

You can apply, it's unlikely to be granted. We don't have a "courtship" exemption to the prohibition on using non-immigrant visas for those who intend to reside here.

Haha.. Okay, I understand what you mean. Thanks.

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Quoting Novel

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Thanks Dogmatique for replying.

I told them we are just in planning stage but not yet. We have yet to be together for 2 years and I know applying for K1 we have to be together for 2 years. Meaning it is impossible for us to meet and spend time with each other for another 1 year until I got K1? I mean I can't just go there for 3 months and get married right.

Can I apply for waiver?

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You do not have to be together for 2 years for a K1. You do have to have met within the last 2 years.

Read this: http://www.nolo.com/legal-encycloped...hapter2-6.html

You have any idea how long will the approval take after the petition has been done under with my circumstances?

Looking at we do not have any other choice besides get married. May I know which is the best option so that I can be in US easier and less paperwork in future?

1. Get K1 and marry in US.
2. Marry in my country and we apply for immigrant visa for spouse?

Thank you guys!

The K1 process has been streamlined to the point where the majority of people won't even need an attorney unless there are complications.

Start here! http://travel.state.gov/visa/immigra...ypes_2994.html

Since you have 22CFR41.122(e)(3) on your record, it would be in your best interest to consult an US immigration attorney on any future immigration filings.