Husband's B2 Visa Canceled at the Port of Entry... Application of Admission WithDrawn?

[mallafri76 1,012]

I thought it's obvious why they didn't let him in, you guys got married and didn't file for AOS. Sorry it's early not sure why nobody else is seeing this so maybe I'm out of it. You needed to file to adjust, if he told them you were married they wouldn't let him in on a tourist visa. Now the CR1 will be the way. Hopefully you will have a speedy process, good luck!

They would only file adjustment of status if they wanted her husband to remain in the US though but since he owns a home and everything back home in Mexico, I guess that wasn't what they were planning?!

I married my husband in the US while there under the VWP, then returned home to Sweden as it wasn't the right time for me to move over. I have been travelling over under the VWP every three months since we got married two years ago (before that too) and have never had any issues. Even though someone's married to a USC, you can still visit under the VWP or a tourist visa. I think the issue in OP's case is that her husband spent more time in the US and just did short trips back home to Mexico, which comes across as if he's living in the US already.

[Kaylee_B 0]

Again, he was never technically living in the U.S., although I can imagine how they interpreted it that way. He was just trying to spend as much time with me as possible while we were working with the I-130. It's just my biggest fear that the cancellation of his b2 visa will affect whether or not they will give him his CR1.

[Kaylee_B 0]

The fact that he was allowed to withdraw his application for admission was actually a good thing. If he had been flat-out denied entry then it's possible he could have been found inadmissible and would then need a waiver to enter.

Allowing him to withdraw his application for admission avoids this problem.

Yeah, that's what I was thinking.. I guess the confusion I have is the code they wrote on Visa, it just indicated otherwise. But again, they did stamp the "Application for Admission Withdrawn," so I hope you're right.

[Kaylee_B 0]

Are you sure it wasn't 22CFR 41.122(e)(2). If it was 122 instead of 22, that is just the code that gave the officer the legal authority to cancel the visa. And the (e)(2) part is the reason -- because he was excudable (according to that particular officer). This code is not a bar to future visas at all.

Yes, my bad... it was 122, not 22. So you are familair with this code? Because I couldn't find a clear understanding of what exactly it eans. So you're saying that code shouldn't affect his CR1 and we won't have problems, right? Your answer was the exact information I was looking for. It still makes me nervous, but based on what everyone has been saying.. I'm feeling better. Thank you!

[Kaylee_B 0]

It looks like your husband overstayed by 2 months. The good news is this isn't going to impact his immigrant visa since they're 2 different categories and he didn't stay long enough to accumulate a ban. If he had overstayed for more than 6 months he would've had a 3 year ban and if for 1 year a 10 year ban. By then the immigrant visa he's seeking would've been denied as a result requiring him to have a waiver of admissibility to overcome it. Cancellation and refusal of his non-immigrant entry only negates his possibility of getting another non-immigrant visa not an immigrant one. Don't panic he should be fine.

Well, as I told another member... I wasn't complete with my details, he had left and came back a couples times between November 2013 and July 2014, so he never once overstayed his time. I just hope that you're right and it won't affect our immigrant case.

[Ryan H 3,812]

Off topic post removed.