I am screwed

[apuzilla 0]

I have been married since February 14, 2011 and my wife was coming to visit me today but rejected at the point of entry in Hawaii. What does this mean for the I-130 that we have already filed and have been approved for but waiting for an initial review????

The circumstance was a bad one, We both lied about why she was coming to visit and the agent was suspicious because she brought to much luggage and she lied about why she is coming here and then he called me and lied as well. Yes i know it was very stupid and i regret doing it so much. But what happens now, moving forward?

Thanks to everyone that responds in advance

[Deputy Purple 1,294]

You need to get copies of any documents she signed or was given at POE and any stamps they put in her passport.

If they've dinged her with material misrepresentation then her CR/IR-1 will be denied at interview and you will need a waiver to overcome the entry ban for material misrepresentation.

Of course this is the worst case scenario.

Your hope is that they allowed her to withdraw her application for entry.

You need to get the info from her ASAP.

BTW, please fill out your profiile info (country etc) and timeline.

Edited July 19, 2011 by Bob 4 Anna

[apuzilla 0]

I will be getting the documentations but can you explain what a application of entry is? is that the I-130? and if so how will we be affected?

[Deputy Purple 1,294]

Whenever someone attempts to enter the US and they are not a LPR or Citizen they are technically applying with CBP on the spot to be admitted into the US.

If they are refused entry CBP can either essentially deport them on the spot or allow them to withdraw their application for entry (admission).

You are hoping for the latter as it will have no negative impact on the Immigration Process.

Either way she will be asked if she was every refused entry and she must answer honestly as they will have record of it.

BTW, lying about a material fact (one that would change the outcome of a visa/entry application) is second only to false claim of US Citizenship in bad things to do in USCIS's eyes.

Edited July 19, 2011 by Bob 4 Anna

[apuzilla 0]

she has already been deported and back in australia - this is not looking good for me at all

[Deputy Purple 1,294]

she has already been deported and back in australia - this is not looking good for me at all

Are you sure she was deported and not just allowed to withdraw her application for entry?

Even is she was deported they might not have noted material misrepresentation on her. This is why you really need any documents & copies of the stamps they put in her passport.

[apuzilla 0]

thank you, I will update this thread when I talk to her again

[apuzilla 0]

okay I just talked to her and she did sign the withdraw from entry form - so she was not deported back to australia and on her us tourist visa on her passport they marked a X on it

[Deputy Purple 1,294]

So they cancelled her Tourist Visa and allowed her to withdraw her application for entry. That's good news. She will still have to admit to be denied entry and she should be honest about the circumstances.

FWIW, she can't use the VWP Program anymore since she was denied entry.

[apuzilla 0]

Can you tell me VWP stands for?

[MFS 1]

Can you tell me VWP stands for?

Visa Waiver Program

http://travel.state.gov/visa/temp/without/without_1990.html

Edited July 19, 2011 by Faizan and Ruby

[apuzilla 0]

Oh okay I understand ... That is not a problem I just don't want her I-130 to be denied and I have also informed her to talk to the American Embassy in Australia and tell them her situation and maybe they can give her more information and help her better understand the situation.

Thanks everyone - you guys/gals are very helpful and respectful and I am sorry if I am acting like a noob but i'm just still in a state of shock. It just seems like everything is hitting all at once and I wouldn't want to wish this situation on anyone.

Thanks again

[Jojo92122 1,924]

Oh okay I understand ... That is not a problem I just don't want her I-130 to be denied and I have also informed her to talk to the American Embassy in Australia and tell them her situation and maybe they can give her more information and help her better understand the situation.

Thanks everyone - you guys/gals are very helpful and respectful and I am sorry if I am acting like a noob but i'm just still in a state of shock. It just seems like everything is hitting all at once and I wouldn't want to wish this situation on anyone.

Thanks again

Sorry about your situation, but hopefully this will be helpful to others in similar situations who are contemplating entering the US on the VWP or visitor visas with the intent to immigrate.

It should not be a surprise that lying to enter the US is not a good idea.

[Jojo92122 1,924]

Oh okay I understand ... That is not a problem I just don't want her I-130 to be denied and I have also informed her to talk to the American Embassy in Australia and tell them her situation and maybe they can give her more information and help her better understand the situation.

Thanks everyone - you guys/gals are very helpful and respectful and I am sorry if I am acting like a noob but i'm just still in a state of shock. It just seems like everything is hitting all at once and I wouldn't want to wish this situation on anyone.

Thanks again

The purpose of the I-130 is to establish that there is a familial relationship between the petitioner and the beneficiary. Your I-130 should not be denied since you are married. Her denial of entry will not affect this step in the immigration process.

The problem is approval of the DS-230, Immigration Visa Application, which could be affected by her denial of entry. This is when all the background checks are conducted.

[Harsh_77 716]

Unfortunately you tried to cheat the system and you got caught. You wife is not supposed to travel with you and is supposed to wait in her home country until your CR1 visa process is complete.

CBP officer figured out and caught you in the act, now her tourist visa is cancelled and she no longer can use VWP.

You could have some tough time in getting the CR1 approved, she will have to honestly answer about her visa being revoked and her not been granted entry at Port of Entry.

From the worst case scenario I would say add some additional time to your application as its not going to get approved in the normal approval time.