Green Card Holder _ to get my wife back in the USA

[kris&me 572]

35 minutes ago, Roel said:

Simple. There is no way for her to come be with you in the USA until she has her visa in hand. 

 

Someone correct me but Canada and USA share immigration records and she has a good chance to be denied entry there also. 

 

You guys screwed up and now gotta face the waiting time, just like everyone else. 

I believe that the US shares all visa information with the now 28 other NATO nations / one man from Ecuador was denied entry into France for business as he overstayed a US visa permit

 

Look up Iron Mountain Pa as our government stores info there and since 9/11 has added all our outgoing and incoming emails and photos that are not encripted

[geowrian 22,337]

2 hours ago, Advani said:

True, I understand how this was perceived. Still thinking, when she was allowed to re enter last time with a time frame of 1 year, our story was still the same.

 

She stayed for 7 months out of 12 months that she was permitted.

Yes, but just because one is admitted for up to a year doesn't mean that one should actually stay for that full period of time. They are allowed to do so, but it makes the next entry in the near future unlikely due to suspicion of living in the US instead of using the visa for it's intended purpose (visiting).I'm not trying ot pile on, but this was a reasonable decision by the CBP officer based on her length of time within the US.

 

You may want to check on tax implications as well if she spent over 183 days within the US. Presumably there would be no tax burden, but there may or may not be a need to file if she has annual income, since she would have a tax home within the US for the year.

 

Quote

I am looking into the option of having her stay in Canada close to the border so that I can meet her on weekends at least.

However, can i get her back to the USA legally right after I130 is approved or will I have to wait till her status is adjusted ?

The US shares entry and applicant information with Canada. But I wish her good luck.

 

Nope...not without a new visa. And obtaining a new visa given her circumstances (extended stay in the US + recently denied + mid-immigration) is just not happening. She will have to wait until she gets immigrant visa.

You cannot adjust her status as 1) she must already be in the US, 2) she cannot enter with intent to adjust status. She needs the immigrant visa. No AOS is needed when entering on an immigrant visa.

 

2 hours ago, NigeriaorBust said:

  I didn't think they could issue an B2 entry for more than 6 months.  The one year may have been an error on their part.

No, they can technically issue up to 1 year. It's uncommon, but permitted under the INA.

Edited March 28, 2018 by geowrian

[TexasGuy0101 75]

3 hours ago, NigeriaorBust said:

  I didn't think they could issue an B2 entry for more than 6 months.  The one year may have been an error on their part.   No matter when she left earlier than the stamp she basically needed to be out as long as in and coming back after only a month out shows clear intent to misuse the visa.   You are going to have to wait

Hi

 

In my last trip (November 2017 )  for visit to my fiance since Mexico I received I-94 for 1 year also, I only stayed in USA 9 days but  I could see  some people with I-94 for 1 year. 

Edited March 28, 2018 by TexasGuy0101

[kzielu 1,149]

4 hours ago, Advani said:

I am looking into the option of having her stay in Canada close to the border so that I can meet her on weekends at least.

However, can i get her back to the USA legally right after I130 is approved or will I have to wait till her status is adjusted ?

 

Forget about AOS, there will not be one. She will most likely will not be permitted into US until she receives spouse visa (F2A) at the embassy - she will have to go through regular consular processing like everyone else.

[Boiler 45,488]

You can check on line to see how long she was admitted for, now it is technically possible to be admitted for a year but very rare. Usually only applies in specific circumstances, not likely in this case.

[bad4tatt 168]

7 hours ago, Advani said:

Hi All, 

Looking for some advice from wise minds here.

I am a permanent resident of the USA, with a decent job and background in the USA.

 

Here is the story of my life:

 

• My wife (to be wife then) visited the USA - July 2016 (on B1/B2 Visa) and returned back in August 2016 (within the I94 stamped period)
• Came to the USA again in November 2016 (on B1/B2 Visa) - I94 again for 6 months
• We got married in January 2017
• I petitioned I130 in February 2017 (priority date)
• She went back to home country in April 2017 (within the I94 stamped period)
• Came back to visit me in the USA in June 2017 (on B1/B2 Visa) - this time she was asked a couple of questions regarding the purpose of her visit where she provided honest answers about her marriage, marriage certificates, photographs and all kind of facts and evidences - end result, she got I94 stamped for 1 YEAR.. yaaayyyy !
• She went back to home country in February 2018 for her sister's wedding
• Returned back to the USA in March 2018 (on B1/B2 Visa) - this time she was denied entry at the port of landing in Toronto basis reasonable suspicion of immigrant intent on B1/B2 visa. Nothing changed from the last 2 times to this situation. Her answers and intentions to come back to the USA were still the same but unfortunately, she got denied entry and her Visa was cancelled.

 

Can I get some feedback from the people out here, what can I do to get her back with me asap. Waiting for the I130 to get approved and then apply for adjustment of status is a process of its own, not sure how long will that take.

 

Thanks  

At this point all you can do is wait until the I-130 is approved.  She did not break any laws, she used her B2 as intended. Left when she was supposed to or sooner.  I used to cross the Washington border several times a week and was always honest in why I was crossing and have had no issues. I wish people on this forum would stop making it sound as though she was breaking any laws.

[Crazy Cat 41,845]

8 minutes ago, bad4tatt said:

she used her B2 as intended.

They don't cancel B2 visas when they are used as intended.

[caliliving 606]

This happens ALOT to canadian citizens. mostly bc they are naiieve or unaware that despite being able to spend 6 months at a time here, you need to have TIES to your hometown and 'living in america' on a tourist visa is not allowed.

 

she is not the first, and wont be the last canadian this happens to. once she gets her spousal visa she will be allowed back in. 

[Advani 0]

17 hours ago, cyberfx1024 said:

Please fill out your timeline and what country this is please. This will allow us to better help you in that regard. It will more than likely be brought up in the interview I bet. Have you even looked in to the I-130 process at all or did you just file the paperwork and not read up on it?

 

Yes, she will have a interview in the country you put down that she is in, the country where she does the interview at she must be a resident/citizen of, and no she can not do the interview in the USA(yes, it has been asked before). She will undergo a medical examination in her country to make she has no communicable diseases and is not a drug addict. Following being approved from that she will have an interview at the US Embassy in XXXX country. They will ask questions like "when did you get married, how long have you been married for", and will want to see pictures of you two together and acting like a married couple. Once she is approved from that and the official visa is put into her passport will she only be able to come back to the USA.

 

Please note that ONLY USCs are able to never be turned away at the POE because we are USCs. The CBP officer will make a determination at her POE wither or not she will be allowed to enter into the USA.

Thanks for the feedback. I have read the process for I130 but considering that she was allowed to enter last two times with no issues, I never expected that she can be denied later on. My wife's nationality is Indian, processing from India. Currently, they are processing I130 for Nov 2016 if i am accurate and my priority date Feb 2017. So, i don't know how long will the wait be and that's precisely why I choose to come to this forum and ask all the wise minds of options moving forward (if any). In my understanding, the law also states not to overstay your I94 period, which is what we were going by and moreover being honest and transparent about the intent. Basis the facts, she was allowed entry last 2 times so how in the wildest dreams would i think that she could be denied next time for stating the same facts and same intent.

 

But anyway, i appreciate everyone for taking some time out and answer my queries, at least now i know i have to wait till she gets status adjusted from the consulate in India.

[Advani 0]

11 hours ago, bad4tatt said:

At this point all you can do is wait until the I-130 is approved.  She did not break any laws, she used her B2 as intended. Left when she was supposed to or sooner.  I used to cross the Washington border several times a week and was always honest in why I was crossing and have had no issues. I wish people on this forum would stop making it sound as though she was breaking any laws.

Thank you so much, makes me feel a little better !

Anyway, I appreciate everyone for taking some time out and answer my queries, at least now i know i have to wait till she gets status adjusted from the consulate in India.

Thanks again.

[JoannaV 174]

Essentially, you were fortunate that they let her in on that last visit and gave her 1 year on her I-94. You're not supposed to use a tourist visa to live in the US, but some immigration officials will have a much softer view than others on using one to "wait" in the US. It would have been nice of them to have said, "you were lucky last time, I'm going to let you back in until the date on the first I-94, but be aware that if you try to enter again you will most likely be denied." But there is no formula such that you can be SURE of being admitted or denied. She had a lucky entry the last time. (So it makes sense that you would have taken her experience to imply something for what future experiences would be, but you were wrong. Such inference is of limited validity, at best.)

[geowrian 22,337]

6 hours ago, Advani said:

at least now i know i have to wait till she gets status adjusted from the consulate in India.

She will get an immigrant visa, then use that to enter the US and become a permanent resident. She will not adjust status (and has no status to adjust since she's abroad).