Will my ignorance be deemed immigration fraud?

[zyggy 9]

Thank you all for your responses. I know that we've been doing everything right since the denial of entry, but the longer the situation goes on, the more what-ifs start to creep into your head...

Zyggy and Caladan, her I-275 cites SEC 212(a) (7) (A) (i) (I) and further says that she was living in the US since February (131 days) and that we were both instructed that she was not allowed to visit the US until visa was in hand. Nothing more.

This is the section of the Code of Federal Regulations that I found pertaining to our case...

(7) Documentation requirements.-

(A) Immigrants.-

(i) In general.-Except as otherwise specifically provided in this Act, any immigrant at the time of application for admission-

(I) who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a) , or

(II) whose visa has been issued without compliance with the provisions of section 203, is inadmissible.

I've talked to lawyers, CBP officials, and Embassy employees in Toronto that have told us that it should not affect our case since it is considered a withdrawal of application. But you still never know, right? I'd love to hear your advice, if you have any, on it.

Agreed.. based on that information it does not appear that a waiver would be required. But she will not be permitted back into the US until the circumstances behind the denial change... either a) she gets a visa or B) she divorces you. I'm pretty sure it's going to be option a best of luck...

[Chica Yeyé 41]

Not much I can add but, good luck. Gather your documents, blah blah blah ---- you'll be fine. And yes, like folks said: always be honest.