I am screwed

[pushbrk 13,098]

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

She understands the situation. She lied to a CBP officer and so did you. Her B visa is cancelled, as are her VWP privileges. The rest will play out when she is honest in her DS230 and visa interview and not before then.

[Casprd 167]

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.

Absoulutely not true. There is no prohibition of travelling to the US or anywhere else while waiting for a CR-1 and many people do it. My wife and I spent 3 weeks in Thailand while waiting for hers. The issue in this case is she lied about her reasons to enter the US and the OP lied to the CBP as well. Not sure about the "too much luggage" comment but it is very possible the CBP saw there was a pending petition and assummed she was going to immigrate rather than visit. In any event yes you are most likely going to have big problems now. This is one of those cases where you now need a good immigration attorney to try to help you overcome the issues you will face.

[san diego 407]

I completely agree, no question about it. VERY GOOD immigration attorney. I have one that I used. While my case was very simple I recommended this attorney to several members of VJ and they were highly satisfied. Specifically with complicated cases like yours. I would not even consider going forward without attorney. You have to assume that they will know about you lying at the POE. I don't blame you: you took a gamble (which personally I would never take) and lost. Now you need to mitigate the loss, and the best way is to see attorney. Let me know if you need information.

[Deputy Purple 1,294]

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.

Harsh, this is not true.

Just having an I-130 in process doesn't disqualify anyone from visiting the US. It does however raise the bar for proof of strong ties to their home country.

Also, there is little chance it will cause the overall process to take any longer. IIRC the DS-230 asks if you've ever been denied entry to the US to which she'll now answer yes and might be asked about the incident at her interview.

[bigdog 376]

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

This is a material misrepresentation of facts, get an attorney.

[san diego 407]

I am not sure about material misrepresentation.. Has it been recorded if visa was withdrawn?

[Crazyaboutyou 0]

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.

What the f*** were you thinking???

[san diego 407]

What the f*** were you thinking???

This is not very helpful, is it?

[Harsh_77 718]

Absoulutely not true. There is no prohibition of travelling to the US or anywhere else while waiting for a CR-1 and many people do it. My wife and I spent 3 weeks in Thailand while waiting for hers. The issue in this case is she lied about her reasons to enter the US and the OP lied to the CBP as well. Not sure about the "too much luggage" comment but it is very possible the CBP saw there was a pending petition and assummed she was going to immigrate rather than visit. In any event yes you are most likely going to have big problems now. This is one of those cases where you now need a good immigration attorney to try to help you overcome the issues you will face.

I guess I was not clear in my earlier post, when traveling I meant she enter the US on tourist visa and stay in US until her CR1 got approved and file for AOS in US.

[Harsh_77 718]

What the f*** were you thinking???

The f*** I am thinking is his wife would not get entry into the country when he returns back. His wife has to stay back in her home country until her CR1 is processed.

IF SHE HAD B1/2 PRIOR TO THEIR MARRIAGE SHE COULD USE IT BUT ENTRY IS NOT GURANTEE ITS UPTO THE CBP OFFICER AT PORT.

It seems their plan was they get married wind up her stuff in her home country and travel togeather and she could live in US while her CR1 was in process.

Unfortuantely it does not work that way and you see it from the end result.

[Navyk 78]

Crazyaboutyou & Harsh_77, please refrain from using unpleasant words. Thanks for understanding.

[canadian_wife 1,827]

OP - ask your wife if anything was written into her passport, that will be helpful in determining what you can expect in the future

Good luck

PS - what specifically were the lies you told?

[san diego 407]

OP - ask your wife if anything was written into her passport, that will be helpful in determining what you can expect in the future

Good luck

PS - what specifically were the lies you told?

This is important if they are recorded. If not I am not sure if this will pose a problem..

[calibob 73]

If it is considered material misrepresentation, then she will be declared inadmissible at the CR1 interview and there will be a requirement of a 601 waiver needed to lift the finding before they can process the petition. Good Luck OP

Bob

[Harsh_77 718]

If it is considered material misrepresentation, then she will be declared inadmissible at the CR1 interview and there will be a requirement of a 601 waiver needed to lift the finding before they can process the petition. Good Luck OP

Bob

Yes if it was noted as material misrepresntation they would need a wavier.