I am screwed

[kutakendra 3]

If she was honest at the border, you should be OK. My fiancee was stopped at Chicago and sent home prior to our filing. He was honest. (He was engaged to a US citizen, He was on a VWP. We were considering marrying and adjusting status, if it was legal during his 90 days. He also was asked why he wanted to be an American so badly, he said he didn't, he just wanted to be with me.) The transcript was included in his Embassy info last week, but never asked about. I am sure it was read. His interview was simple. They seemed to view it as proof of relationship, as there were no lies upon direct questioning.

As post above, we have had some minor delays- just a few weeks at every turn-- maybe some passive aggression on their part. (We did hire a lawyer to make sure all ducks were in a row.)

[canadian_wife 1,827]

If she was honest at the border, you should be OK. My fiancee was stopped at Chicago and sent home prior to our filing. He was honest. (He was engaged to a US citizen, He was on a VWP. We were considering marrying and adjusting status, if it was legal during his 90 days. He also was asked why he wanted to be an American so badly, he said he didn't, he just wanted to be with me.) The transcript was included in his Embassy info last week, but never asked about. I am sure it was read. His interview was simple. They seemed to view it as proof of relationship, as there were no lies upon direct questioning.

As post above, we have had some minor delays- just a few weeks at every turn-- maybe some passive aggression on their part. (We did hire a lawyer to make sure all ducks were in a row.)

She wasn't, the OP said she (and he) lied to the agent, which is why it is a different situation

Good luck

[tan&tuyet 15]

Lying to immigration is a big NO NO. Your I130 might be denied now because of this. From now on you or her shouldn't lie. I know the time away is hard but lying will never get you anywhere.

[Sergi9 110]

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

It means a 99.9% chance at the interview she will get a 221g slip and be denied the immigrant VISA with a charge of material misrepresentation. This is a life time bar to admission to US, the only way to overcome is with an I601 waiver. Pop over to the I601 forum and start reading up. Sorry to hear this.

[SuperDuper! 230]

The OP's plight just reminds us that any visa to the US is merely the privilege to be interviewed by a CBP Agent, who has sole authority and power to admit or deny you entry into the country.

The take away?

Bring your A-game, and take the POE with utmost seriousness and honesty.

It don't pay to lie at POE.

[Sergi9 110]

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

When this happens particularly if they call the petitioner like they did in this case you can bet its recorded. In fact I do not see how it could not be recorded they force the carrier (airlines she was on) to take the passenger back via the next flight to the originating country which has to be recorded as its a contract arrangement between CBP and the airlines.

[kali1229 6]

Note to self: do not lie to an immigration officer. Ever. Wow.

[Casprd 167]

Sad to say but the more I read this, the more angry I get. Unfortunately enough people cheat the system and get away with it that it tempts too many others. Hopefully people will read this in the future and see that it isn't worth the risk.

[LBeachey 45]

She wasn't, the OP said she (and he) lied to the agent, which is why it is a different situation

Good luck

You might not want to answer this on a public board but what exactly did you lie about? This might be where you need the opinion of a good lawyer. I would think some lies might be a bigger deal than others. I am not trying to downplay lying but if the Border officer allowed her to withdraw her application, it might not be that bad.

[calibob 73]

She wasn't, the OP said she (and he) lied to the agent, which is why it is a different situation

Good luck

You might not want to answer this on a public board but what exactly did you lie about? This might be where you need the opinion of a good lawyer. I would think some lies might be a bigger deal than others. I am not trying to downplay lying but if the Border officer allowed her to withdraw her application, it might not be that bad.

Any lie, no matter the size, time, effect, or intent ,if deemed misrepresentation, will result in a violation of 212 (a) (6) © ***You have sought to procure, or have procured, entry into the United States by fraud or by the willful misrepresentation of a material fact.

This was copied directly from the form they give. I hope they "forgive" the OP and the OP's spouse but I fear that they don't have much forgiveness or sense of humor on the topic.

Bob

[Ryan H 3,829]

OP:

Because you and your wife made a conscious decision to be dishonest with CBP, you have undermined the ultimate success of your petition. Regardless of what was or wasn't stamped in her passport, statements that were signed or not, I share the sentiment of some others that you now need the opinion of a highly qualified immigration attorney for dealing with the issues that now confront you.

Edited July 20, 2011 by Ryan H

[calibob 73]

The original I130 petition is good for the most part, the two events will be treated separately. The interview will be an investigation of the issue in Hawaii and she'll most likely be asked to sign an affidavit concerning her statements at the interview about the intended entry into the US. They won't even attempt to do the petition, just give you a year to file the 601. An experienced lawyer is HIGHLY recommended to the OP and his SO. My best wishes for you on making this right.

Bob

[Kengux 3]

This is a very difficult case. The only issue she may face is when she's havin her interview with the CO and when the question is raised..

Her ability to answer this question will determine whether the CR1 visa would be granted or not.

If i were you, i would ponder more on this than the refused entry at POE.

Having said that, you may want educate her more from the the VJ members adviced u about.

Goodluck and may you receive the uncommon favour of God.

[Harsh_77 718]

You might not want to answer this on a public board but what exactly did you lie about? This might be where you need the opinion of a good lawyer. I would think some lies might be a bigger deal than others. I am not trying to downplay lying but if the Border officer allowed her to withdraw her application, it might not be that bad.

Does not matter lie is lie, they don’t go by certain lies carry less point other lies carry more points. All the lies how big or small is considered same.

In this case it seems they took both of them to separate room questioned them and matched the answers. When the answers did not match it was easy for them to catch them red-handed.

This would be noted on their file there is no doubt about it, when they have to send someone back they have to make sure they complete the paperwork and do a proper documentation why they are sending someone back.

I am not sure why ppl try to cheat the system and think they can get away with it. It would had been simple and straightforward process, now its got much more complicated.

[Brother Hesekiel 2,236]

Your wife tried to enter the US with her B2 while an I-130 petition was pending. Not a problem. The CBP officer assumed that she intended to stay and . . . my educated guess . . . took her into "secondary inspection" meaning into a separate room and questioned her. When all was said and done he allowed your wife to withdraw her petition to enter and send her back to Australia.

Up to this point you do not have a problem.

You admitted to us that you were lying, but many people lie about things and don't get caught. It's like smoking pot. You don't get in trouble for smoking pot in the U.S.; you only get in trouble if you get caught smoking pot. Thus, your lying only becomes a problem if you got caught, formally. It therefore all depends on what happened in secondary inspection, where the CBP officer would enter findings into the computer. If you got lucky, he did not establish misrepresentation and simply refused her entry based on his suspicion, which is his right. That would fit nicely with the offer to withdraw instead of formally refusing her entry.

The worst case scenario would be if he questioned your wife and she then admitted on having planed to stay in the US and adjust status. That would indeed be misrepresentation, likely a material one. It becomes material when the fact in question has an outcome on the action, which this certainly did: the assumption of immigration intent caused the refusal of admission.

All of this is speculation though, so what really matters is if there's any I-212 entry in the passport. If it's not, you most likely won't have a problem in the CR-1 process. Again, lying is bad***, but admittance of having lied is oftentimes worse.

Footnote***:

"Lying is bad."

Nazi commander enters ship and ask the Captain if there are any Jews on board. Captain lies, Jews are not found and thus don't get killed. Was his lie bad although it saved the Jews' lives? To be able to answer that, you need to read up on Kant's Categorical Imperative. I did. In fact, I wrote a 34-page paper on it.

Edited July 20, 2011 by Just Bob