Visa cancelled before marriage

[lusby1022 0]

I need some help. My wife's visa was canceled before we got married. I flew her up here back in April '09 I was going to propose than and she was turned around and had her visa canceled . She was told she could not reapply for 5 years . We got married this month ; May '09. Does anyone know how we should go about applying for the CR-1. I am tired of not having her here and since her visa was canceled she cannot come here and be with her new stepson and myself. I looked up the cancellation code and it said that it was canceled for bringing items into the U.S. She has been coming to and from the US since '05 and now all of the sudden this happens. If anyone could offer help we would be very thankful.

[Brian and Dona 0]

I need some help. My wife's visa was canceled before we got married. I flew her up here back in April '09 I was going to propose than and she was turned around and had her visa canceled . She was told she could not reapply for 5 years . We got married this month ; May '09. Does anyone know how we should go about applying for the CR-1. I am tired of not having her here and since her visa was canceled she cannot come here and be with her new stepson and myself. I looked up the cancellation code and it said that it was canceled for bringing items into the U.S. She has been coming to and from the US since '05 and now all of the sudden this happens. If anyone could offer help we would be very thankful.

I am sorry to hear this, but it looks that they placed a five year ban on her. You need to know why they placed the five year ban and you can possibly file a waiver. The waiver will not be an automatic given. Based if the offense was serious enough, they may deny the waiver as well. Unfortunatley if the five year ban is upheld, you will have no choice but to wait the ban out, because she will be denied at the interview if you where to refile.

[CA dreamer 3]

I need some help. My wife's visa was canceled before we got married. I flew her up here back in April '09 I was going to propose than and she was turned around and had her visa canceled . She was told she could not reapply for 5 years . We got married this month ; May '09. Does anyone know how we should go about applying for the CR-1. I am tired of not having her here and since her visa was canceled she cannot come here and be with her new stepson and myself. I looked up the cancellation code and it said that it was canceled for bringing items into the U.S. She has been coming to and from the US since '05 and now all of the sudden this happens. If anyone could offer help we would be very thankful.

I am sorry to hear this, but it looks that they placed a five year ban on her. You need to know why they placed the five year ban and you can possibly file a waiver. The waiver will not be an automatic given. Based if the offense was serious enough, they may deny the waiver as well. Unfortunatley if the five year ban is upheld, you will have no choice but to wait the ban out, because she will be denied at the interview if you where to refile.

i agree

so better know what was the reason and tell us

[payxibka 10,047]

I need some help. My wife's visa was canceled before we got married. I flew her up here back in April '09 I was going to propose than and she was turned around and had her visa canceled . She was told she could not reapply for 5 years . We got married this month ; May '09. Does anyone know how we should go about applying for the CR-1. I am tired of not having her here and since her visa was canceled she cannot come here and be with her new stepson and myself. I looked up the cancellation code and it said that it was canceled for bringing items into the U.S. She has been coming to and from the US since '05 and now all of the sudden this happens. If anyone could offer help we would be very thankful.

You apply for a CR-1 visa just like anyone else... submit an I-130 petition.. read the guides

If she has a ban you will deal with that at the consulate stage and submit a waiver...

Was she trying to enter on a tourist visa? Is there a code that was used? Who canceled it? was she admitted and then turned around by customs?

[baron555 934]

it was canceled for bringing items into the U.S.

What items was she carrying that got her the ban? I'd imagine that they would have to be on the banned item list and very serious to get the ban imposed. I don't think it was for bringing some bologna into the US. Sorry to hear that. The waiver will be your best bet and no guarantees.

[payxibka 10,047]

What items was she carrying that got her the ban? I'd imagine that they would have to be on the banned item list and very serious to get the ban imposed. I don't think it was for bringing some bologna into the US. Sorry to hear that. The waiver will be your best bet and no guarantees.

exactly, normally they just confiscate....

[Chris Me lil D 17]

it was canceled for bringing items into the U.S.

What items was she carrying that got her the ban? I'd imagine that they would have to be on the banned item list and very serious to get the ban imposed. I don't think it was for bringing some bologna into the US. Sorry to hear that. The waiver will be your best bet and no guarantees.

I've heard they give you a ban for bringing over sowing seeds, and the fine is huge too.

[lusby1022 0]

I need some help. My wife's visa was canceled before we got married. I flew her up here back in April '09 I was going to propose than and she was turned around and had her visa canceled . She was told she could not reapply for 5 years . We got married this month ; May '09. Does anyone know how we should go about applying for the CR-1. I am tired of not having her here and since her visa was canceled she cannot come here and be with her new stepson and myself. I looked up the cancellation code and it said that it was canceled for bringing items into the U.S. She has been coming to and from the US since '05 and now all of the sudden this happens. If anyone could offer help we would be very thankful.

I am sorry to hear this, but it looks that they placed a five year ban on her. You need to know why they placed the five year ban and you can possibly file a waiver. The waiver will not be an automatic given. Based if the offense was serious enough, they may deny the waiver as well. Unfortunatley if the five year ban is upheld, you will have no choice but to wait the ban out, because she will be denied at the interview if you where to refile.

i agree

so better know what was the reason and tell us

Well what they told her was that she was lying to them. They asked her why she was in California in '05. She has never been to the west coast. I have a friend that works for ICE. He looked up travel documentation for her no where did it say that she had ever traveled to Cali.. They wanted to know why she would fly into Cali. and she said she had never been there that her aunt lived in Cali when she died, but the only one that went there was her mom for the funeral. Then they said she was lying about her aunt dying, the immigration officer even said that he had talked to someone in Guatemala and that her friend had just saw that aunt at the market. They canceled it in Houston, the problem is that the reason they gave for the cancellation and the code do not match, I am confused, she is confused and neither of us no what to do.

[payxibka 10,047]

what is the code

[Chris Me lil D 17]

Well what they told her was that she was lying to them. They asked her why she was in California in '05. She has never been to the west coast. I have a friend that works for ICE. He looked up travel documentation for her no where did it say that she had ever traveled to Cali.. They wanted to know why she would fly into Cali. and she said she had never been there that her aunt lived in Cali when she died, but the only one that went there was her mom for the funeral. Then they said she was lying about her aunt dying, the immigration officer even said that he had talked to someone in Guatemala and that her friend had just saw that aunt at the market. They canceled it in Houston, the problem is that the reason they gave for the cancellation and the code do not match, I am confused, she is confused and neither of us no what to do.

Lusby, the first thing that came up on my mind now is why don't you call the congressman of your state and talk to him/her, explain situation, and seek for help This is ridiculous how they play with people's lives

I'll try to find the link about similar situations in past, and I'll post it here. Wish you both all the best now

[aaron2020 11,651]

Well what they told her was that she was lying to them. They asked her why she was in California in '05. She has never been to the west coast. I have a friend that works for ICE. He looked up travel documentation for her no where did it say that she had ever traveled to Cali.. They wanted to know why she would fly into Cali. and she said she had never been there that her aunt lived in Cali when she died, but the only one that went there was her mom for the funeral. Then they said she was lying about her aunt dying, the immigration officer even said that he had talked to someone in Guatemala and that her friend had just saw that aunt at the market. They canceled it in Houston, the problem is that the reason they gave for the cancellation and the code do not match, I am confused, she is confused and neither of us no what to do.

Lusby, the first thing that came up on my mind now is why don't you call the congressman of your state and talk to him/her, explain situation, and seek for help This is ridiculous how they play with people's lives

I'll try to find the link about similar situations in past, and I'll post it here. Wish you both all the best now

Before contacting your congressman, get an immigration lawyer to help you sort this out. A public forum is not likely to be able to give you the legal advice necessary to navigate the 5 years ban.

[tnguy21809 0]

Before contacting your congressman, get an immigration lawyer to help you sort this out. A public forum is not likely to be able to give you the legal advice necessary to navigate the 5 years ban.

[Brad and Vika 129]

Well what they told her was that she was lying to them. They asked her why she was in California in '05. She has never been to the west coast. I have a friend that works for ICE. He looked up travel documentation for her no where did it say that she had ever traveled to Cali.. They wanted to know why she would fly into Cali. and she said she had never been there that her aunt lived in Cali when she died, but the only one that went there was her mom for the funeral. Then they said she was lying about her aunt dying, the immigration officer even said that he had talked to someone in Guatemala and that her friend had just saw that aunt at the market. They canceled it in Houston, the problem is that the reason they gave for the cancellation and the code do not match, I am confused, she is confused and neither of us no what to do.

Lusby, the first thing that came up on my mind now is why don't you call the congressman of your state and talk to him/her, explain situation, and seek for help This is ridiculous how they play with people's lives

I'll try to find the link about similar situations in past, and I'll post it here. Wish you both all the best now

Before contacting your congressman, get an immigration lawyer to help you sort this out. A public forum is not likely to be able to give you the legal advice necessary to navigate the 5 years ban.

I see no problem here getting both involved. There seems to be some confusion about the code and explanation not matching. Congressional assitance might help. Working around the ban is more of a problem, especially if you were involved with the situation then.

[Darnell 8,479]

Just a followup -

Did the mother use your wife's passport when coming in for the funeral?

Whatever happened, your (now ) wife has a ban on her.

IIRC, the ban can be lifted with the successful approval of a WAIVER.

With that in mind - when do you get the waiver?

IIRC, it has to be applied for at the consulate.

But But.. Consulate, you say?

Yup - and all that presupposes, is ..

You've already filed the I-130 for her (and it was approved).

So, file the I-130, and give several letters of affadavit about what has happened.

I strongly suggest you engage with an immigration attorney for ADVICE (he doesn't have to handle the case, or do your paperwork )...