DS230 Answering Question 42 Correctly..

[impblaze 0]

Hello all,

I am in the process of filing for my wife's CR-1 and fortunately all processes have gone as smooth as possible thanks to all the help I have been receiving from VJ!

Now I'm in the middle of filing her DS230, but I have a concern here. She has been refused admission to the US at a port-of-entry (voluntary departure). We had a marriage ceremony in the U.S. and then went to Canada while my wife was on a B-2 visa. They denied her entry on the basis that she didn't have the correct type of visa (immigrant visa) given that she had married me in the U.S.

How am I to present this on Question 42 of the DS230?? Should I submit the sworn testament given at the time of voluntary departure?

You help will be much appreciated. Just gathering some ideas..

Thanks, Teddy

[imaisha 0]

How am I to present this on Question 42 of the DS230?? Should I submit the sworn testament given at the time of voluntary departure?

That'd be a great thing to include. And if you think they need a more complete picture you should include a letter (from her, as she's the one applying) detailing the circumstances further.

[canadian_wife 1,818]

I am going to assume she was denied entry and not granted voluntary departure (generally issued by a judge). I was denied entry twice. I simply explained that I did not have the correct visa to enter the US at that time. It was fine. It was one simple sentence explaining each situation, no testimony was given, no hearsay or he/she said accounts. It was simply "Denied entry on __/__; did not qualify for classificaiton of visa I attempted to enter on"

And that was it. OF COURSE add any other information you feel necessary but they already know what happened, you just have to disclose it

Good luck.