CR1 visa interview after an application of admission withdrawn

[pacolumbroso 0]

Hello all,

My wife and I were stopped at the POE Paso del Norte last December as she had a B1/B2 visa at the time, When the CBP officer ask us our intentions we told them honestly that we wanted to come to the States and start the adjust of status process as we just got married and I'm a US citizen. At the time we didn't know much about immigration laws and we were told that was not the way it worked and we needed a different type of visa (K3). She was found inadmissible under 212(A)(7)(a)(i)(I) and she was given the opportunity to withdraw her application of admission (i-725) and they cancel the current visa she had (B1/B2). They took her sworn statement on a i867AB and at the moment they released her from the offices the CBP officer told us to start the proper immigration petition. At first they told me the same thing as I was waiting for them to finish the paperwork and told me as well that I needed to submit the correct petition and this would take about 6 to 9 months at least. I have gone through the process and she has her consular interview on two weeks and I couldn't help have a couple questions and doubts about this upcoming matter:

We never lied and I was purely misinformed about the process to obtain an adjustment of status, would this be an issue at her interview?

On her sworn statement says that she may be banned for 5 years from the USA as it was process as an expedited removal but proceedings weren't formally processed and was given instead the opportunity to withdraw her application of admission. Will this be en issue at the interview or will we need a waiver?

Thank you

[afortunada 182]

This won't be an issue, and has been discussed before. No worries!

Here is a similar thread from just a few days ago:

http://www.visajourney.com/forums/topic/617986-husband-came-on-visit-visa-and-was-denied-entry-help/

[pacolumbroso 0]

Thank you. The more I read about this matter the more calm I am but can't help feeling doubtful. I have read the laws and compared our situation to multiple cases and I think all is good. I appreciate your feedback ?

Thank you

[KierenHby 897]

Based on what you've told us, you were found to have the intent to immigrate but no visa that would allow you to enter as an immigrant. You apparently were not found to have made a material misrepresentation to obtain entry.

You were (apparently too) honest, so no ban it seems.

[pacolumbroso 0]

Yes apparently that's the case. As the application of admission withdrawn was granted instead of formal proceedings (expedited removal or deportation). As it says on the immigration act this is a given by the CBP officer and should not be interpreted as to give an alien the right to withdraw his or her application for admission so that's why the sworn statement on a i-867AB which was not formally processed as an expedited removal but as a withdrawn of application of admission.

[pacolumbroso 0]

Also on her i-275 says she was found inadmissible under 212 (a)(7)(A)(i)(I) and was processed for an application for admission withdrawn.