Wife of an us citizen, waiting for I 130 Approval, had to withdraw my application for admission a couple of months ago.

[removed-20171110 25]

Hello everybody, first of all I'm so sorry for my English, I'm a salvadorean and I'm still learning and trying to improve my English, I want your advice and opinion about my complicated case.

i got a B-2 (tourist visa) on October 2015, I went to the states on December 2015 and I met a boy that I knew before from Facebook, we spent time together, he went everyday to visit me @ my family and friends houses and then he proposed to me on Christmas, we got married on January 7 of 2016, he is an us citizen, now we have been married for a year and almost 7 months. Well, I went to the United States with my B2 visa 4 times after we got married, we didn't start a petition because I wasn't sure about living at the United States because I have my life @ El Salvador, I'm now im a certified psychologist, and I was scare about dropping my career, so this year 2017 on May 19, it was the first time in the year I went to visit my husband, because I was working on my thesis, the thing is when I arrived to the Dulles international Airport I was told to go for a second inspection, so the CBPS agents told me that they were sure I was going to stay to the states forever because I have my husband there, so they told me i was inadmissible and they gave me the opportunity to withdraw my application for admission, but my concern is they gave this forms 

besides the withdrawal form I-275

my record of sworn statement was taken in the form I-867A and I-867B

and the last one is the form I-831 and they wrote I was inadmissible under INA section 212(A)(7)(I)(i) that means I was considered that I was trying to immigrate with a non immigrant visa' or proper document.

of course my B2 visa was cancelled and they wrote on my passport "WD I-275 - AID (the airport) and the number of my file.

besides they took my fingerprints and pictures. And they told me go to your country and if you come again bring the correct visa. 

When I returned to El Salvador I went with 3 attorneys, two of them told me, that my resident visa would be denied because now I'm inadmissible under INA section 212(A)(7)(I)(i) and I need the I-601 waiver. But my husband went with and attorney @ Virginia and is the one we choose for filing the form I-130 (we sent it almost  month after my B2 was cancelled) and she told him "she doesn't need a waiver because she wasnt deported or removed, she doesn't have any order of expedited removal or deportation" , so I want your advice and opinion, do you think I'm going to need the I-601 waiver or not? 

Please if you have been through a similar situation I would like you to share your experience and what happened at the interview if your resident visa was approved or denied, and if you were asked for a waiver. 

[Nattie_Bry 102]

2 hours ago, Elisa Segovia said:

Hello everybody, first of all I'm so sorry for my English, I'm a salvadorean and I'm still learning and trying to improve my English, I want your advice and opinion about my complicated case.

i got a B-2 (tourist visa) on October 2015, I went to the states on December 2015 and I met a boy that I knew before from Facebook, we spent time together, he went everyday to visit me @ my family and friends houses and then he proposed to me on Christmas, we got married on January 7 of 2016, he is an us citizen, now we have been married for a year and almost 7 months. Well, I went to the United States with my B2 visa 4 times after we got married, we didn't start a petition because I wasn't sure about living at the United States because I have my life @ El Salvador, I'm now im a certified psychologist, and I was scare about dropping my career, so this year 2017 on May 19, it was the first time in the year I went to visit my husband, because I was working on my thesis, the thing is when I arrived to the Dulles international Airport I was told to go for a second inspection, so the CBPS agents told me that they were sure I was going to stay to the states forever because I have my husband there, so they told me i was inadmissible and they gave me the opportunity to withdraw my application for admission, but my concern is they gave this forms 

besides the withdrawal form I-275

my record of sworn statement was taken in the form I-867A and I-867B

and the last one is the form I-831 and they wrote I was inadmissible under INA section 212(A)(7)(I)(i) that means I was considered that I was trying to immigrate with a non immigrant visa' or proper document.

of course my B2 visa was cancelled and they wrote on my passport "WD I-275 - AID (the airport) and the number of my file.

besides they took my fingerprints and pictures. And they told me go to your country and if you come again bring the correct visa. 

When I returned to El Salvador I went with 3 attorneys, two of them told me, that my resident visa would be denied because now I'm inadmissible under INA section 212(A)(7)(I)(i) and I need the I-601 waiver. But my husband went with and attorney @ Virginia and is the one we choose for filing the form I-130 (we sent it almost  month after my B2 was cancelled) and she told him "she doesn't need a waiver because she wasnt deported or removed, she doesn't have any order of expedited removal or deportation" , so I want your advice and opinion, do you think I'm going to need the I-601 waiver or not? 

Please if you have been through a similar situation I would like you to share your experience and what happened at the interview if your resident visa was approved or denied, and if you were asked for a waiver. 

I do not have the knowledge to advise on this but my instinct would tell me to trust the US lawyers who specialise in immigration laws because they deal with it all the time.

[Unlockable 7,315]

Seems like no waiver is needed. You were simply denied entry and your B2 was cancelled. You were not deported nor incurred a ban.

 

You should be able to proceed with the I130.

[fcl 42]

I've heard of several people that had to withdraw their application, had their tourist visas cancelled, and were able to complete the CR1 process.  You shouldn't worry since you weren't deported.   My advise is to consult another US lawyer so you can be sure. 

[Cyberfx1024 7,980]

You do not need a waiver from what you told us. You simply were denied entry into the US because they thought you wanted to immigrate at that time. So you do not need a waiver at all because you did not overstay at all. So y'all just go ahead and file for the CR-1 visa and you should be fine don't worry. 

 

Also you should not need a attorney BUT if it makes you feel better then get one. 

Edited July 14, 2017 by cyberfx1024