AssalamAlikum from Delaware <3

[KimberlyNMustpha 15]

Hello from Delaware.

 

My name is Kimberly and up until this point I have just been learning and reading and taking all this in.   My husband, Mustapha and I were married in September 2018 and now we wait.....

 

In July, on his way here to visit and meet my family, he was denied entry to the US under suspicion that he was not planning on leaving, though we had planned for him to only be here until January to get through the holidays.   He was banned for 5 years.

 

Knowing our plans were to marry anyway and that marrying in Morocco may not be easy, we started the marriage petition in Casablanca in September.  Unlike many others, our paperwork took less than a week and we celebrated our marriage with a traditional Moroccan celebration and my moroccan In-Laws.

 

Due to the ban I began the paperwork for 'hardship,' and for the spousal visa.  The spousal visa was filed mid December and I received confirmation of receipt soon after.  The 601 has not been filed yet, as the lawyer is telling because he is now an immediate relative and the reason for his bar (misrepresentation), we may not need to do this for  the I-130 approval.  Either way, supporting documentation and argument has been included with the original I-130 petition.

 

Like all of you, we are in waiting.  Up until now, the waiting was okay.  I kept myself busy.  Since September, I've been back to Morocco twice.  A month Dec/Jan, 10 days (with my son) April, and I have my ticket in hand to return in June for 3 weeks.   The traveling is getting expensive (on top of lawyer fees) but the good side is that I am really getting to know my in-laws, the culture and spending time traveling in Morocco.  

 

Up until now, I have been in good spirits and stayed positive.  I do not know what happened but in the past two weeks, I have felt depressed and hopeless.  It is not how I want to feel, but the not hearing anything is difficult.   I look at the timelines and they all vary and I worry about the I601 not being filed, though if it is not needed, it certainly saves a lot of money.   I am blessed to have time to travel and a great family and husband to have married into.

 

I have a lot of responsibility with my work here in the US, but am trying to find a way to go to Morocco on an extended time without jeopardizing the 29 year career and salary.  This waiting is getting increasingly difficult.  What are all of you doing to help with the passing of time???

[Roel 7,192]

It's really strange that he was given a 5 year ban for just being denied at the border? That doesn't sound right. Youre sure it was the only reason? 

[Cyberfx1024 7,980]

16 minutes ago, Roel said:

It's really strange that he was given a 5 year ban for just being denied at the border? That doesn't sound right. Youre sure it was the only reason? 

Exactly.... If he was just turned away at the border then there would be no ban at all, but he got a 5 year ban for whatever reason. Op, this is very suspicious to say the least if your husband got a 5 year ban due to being turned away at the border. What exactly did he tell you what happened when he tried to enter the USA?

 

We are not trying to judge your relationship we are just wondering why he got the ban and if there is something you or he is not telling us.

[Crazy Cat 41,832]

I'm surprised they didn't let him withdraw his request to enter the US.....Has he been to the US previously?  Has he misused a prior visa?

[KimberlyNMustpha 15]

Good Afternoon.   Yes, that is the only reason.  I have a copy of his paperwork.  When they went through his belongings they found his birth certificate, divorce papers, and other documents that we needed for the I-129F.  Said he shouldn't have come to the US on a B1/B2 visa, knowing he was planning to get engaged/married.  They did not believe that after his 6 month stay he would be returning to Morocco.  Additionally, they said the $5000 was not enough for the 6 month stay.  In his paperwork he also had confirmation from me about sponsoring him financially and housing him.  I spoke directly to the CBP agent, they called me to confirm his story and that he was coming to my home.  6 hours later they called me to tell me he was not entering the US.  No other reason.

 

4 days later when he returned home and faxed me his paperwork, I hired an immigration lawyer (after consulting several from here).  Had we called a lawyer while he was still retained in Philadelphia he may not have been sent back.  I didn't know to do that, and they told me they sent him back that evening.  (They actually detained him in Philadelphia for 2 days).

 

Lawyer said that his religion and region of the world he comes from could have played into this. I hope that is not the case, either way, we are dealing with misguided administrative policies these days.  By the way, my husband never overstayed previous visits.  He has a USC brother in Dallas, who has been here for 28 years.

 

It's a catch 22.  He is given up to 6 months to visa on B1/B2, but they questioned his 6 month visit.....(which he had done previously) - Yet they later will want us to prove our relationship legit, but don't want to afford couples the opportunity to immerse into the family.  I am looking at the many blessings that surround me, I am just getting impatient.  I pray for patience.

 

 

[Cyberfx1024 7,980]

7 minutes ago, missileman said:

I'm surprised they didn't let him withdraw his request to enter the US.....Has he been to the US previously?  Has he misused a prior visa?

She said misrepresentation but misrepresentation about what?

[KimberlyNMustpha 15]

He was not given the opportunity to withdrawal.  I have read that from many people.  Additionally he was assigned an Arabic translator, who did not speak Moroccan Arabic.   You can see from the interview papers there was definitely a break down in communication.  No opportunity to withdrawal was given and/or recorded.

[Californiansunset 336]

2 minutes ago, KimberlyNMustpha said:

Good Afternoon.   Yes, that is the only reason.  I have a copy of his paperwork.  When they went through his belongings they found his birth certificate, divorce papers, and other documents that we needed for the I-129F.  Said he shouldn't have come to the US on a B1/B2 visa, knowing he was planning to get engaged/married.  They did not believe that after his 6 month stay he would be returning to Morocco.  Additionally, they said the $5000 was not enough for the 6 month stay.  In his paperwork he also had confirmation from me about sponsoring him financially and housing him.  I spoke directly to the CBP agent, they called me to confirm his story and that he was coming to my home.  6 hours later they called me to tell me he was not entering the US.  No other reason.

 

4 days later when he returned home and faxed me his paperwork, I hired an immigration lawyer (after consulting several from here).  Had we called a lawyer while he was still retained in Philadelphia he may not have been sent back.  I didn't know to do that, and they told me they sent him back that evening.  (They actually detained him in Philadelphia for 2 days).

 

Lawyer said that his religion and region of the world he comes from could have played into this. I hope that is not the case, either way, we are dealing with misguided administrative policies these days.  By the way, my husband never overstayed previous visits.  He has a USC brother in Dallas, who has been here for 28 years.

 

It's a catch 22.  He is given up to 6 months to visa on B1/B2, but they questioned his 6 month visit.....(which he had done previously) - Yet they later will want us to prove our relationship legit, but don't want to afford couples the opportunity to immerse into the family.  I am looking at the many blessings that surround me, I am just getting impatient.  I pray for patience.

 

 

It's very unusual to get a misrep charge for this.... if everyone who has done this would get a misrep charge a good amount of people on VJ would be outside of the US right now with a ban 

[Crazy Cat 41,832]

1 minute ago, KimberlyNMustpha said:

Good Afternoon.   Yes, that is the only reason.  I have a copy of his paperwork.  When they went through his belongings they found his birth certificate, divorce papers, and other documents that we needed for the I-129F.  Said he shouldn't have come to the US on a B1/B2 visa, knowing he was planning to get engaged/married.  They did not believe that after his 6 month stay he would be returning to Morocco.  Additionally, they said the $5000 was not enough for the 6 month stay.  In his paperwork he also had confirmation from me about sponsoring him financially and housing him.  I spoke directly to the CBP agent, they called me to confirm his story and that he was coming to my home.  6 hours later they called me to tell me he was not entering the US.  No other reason.

 

4 days later when he returned home and faxed me his paperwork, I hired an immigration lawyer (after consulting several from here).  Had we called a lawyer while he was still retained in Philadelphia he may not have been sent back.  I didn't know to do that, and they told me they sent him back that evening.  (They actually detained him in Philadelphia for 2 days).

 

Lawyer said that his religion and region of the world he comes from could have played into this. I hope that is not the case, either way, we are dealing with misguided administrative policies these days.  By the way, my husband never overstayed previous visits.  He has a USC brother in Dallas, who has been here for 28 years.

 

It's a catch 22.  He is given up to 6 months to visa on B1/B2, but they questioned his 6 month visit.....(which he had done previously) - Yet they later will want us to prove our relationship legit, but don't want to afford couples the opportunity to immerse into the family.  I am looking at the many blessings that surround me, I am just getting impatient.  I pray for patience.

 

 

Sounds like he was rightly denied entry based on intent to immigrate.....

[Crazy Cat 41,832]

5 minutes ago, KimberlyNMustpha said:

 I hope that is not the case, either way, we are dealing with misguided administrative policies these days.

You mean an administration that is actually enforcing immigration laws???

[Roel 7,192]

Still doesn't explain the ban. People don't get banned for being denied entry. People don't get 5 year bans because of their culture or religion.

People get bans for overstaying their visas. Or people get banned for life for lying to the immigration.

 

I'm sorry, but it really looks like you don't know the full story there.

Also I believe you don't file any waivers until AFTER he will get denied on the spouse visa interview.

 

Also on other note, let me guess, there is a big age difference between you?

[KimberlyNMustpha 15]

Misrepresentation:    He was here on Visitors visa, but had in his possession, paperwork that would allow us to get married.  The CBP officer did not believe him that he was only coming for a visit to get to know my family.  He felt if that was the case, he would not be carrying paperwork like that. (i.e. divorce papers, birth certificate...all the stuff needed for the correct I-129F)

 

He told the officer he planned to marry me one day in the future (not during his stay).  In the interview (documented) he is asked what if it doesn't work out, and he said he would stay with his USC brother for the remainder of the visit.

 

Bottom line, the interviewing CBP officer did not believe him that he was only here temporarily, based on the paperwork he had on him.

[Ben&Zian 4,398]

2 minutes ago, missileman said:

You mean an administration that is actually enforcing immigration laws???

 Bingo!

[Roel 7,192]

4 minutes ago, KimberlyNMustpha said:

Misrepresentation:    He was here on Visitors visa, but had in his possession, paperwork that would allow us to get married.  The CBP officer did not believe him that he was only coming for a visit to get to know my family.  He felt if that was the case, he would not be carrying paperwork like that. (i.e. divorce papers, birth certificate...all the stuff needed for the correct I-129F)

 

He told the officer he planned to marry me one day in the future (not during his stay).  In the interview (documented) he is asked what if it doesn't work out, and he said he would stay with his USC brother for the remainder of the visit.

 

Bottom line, the interviewing CBP officer did not believe him that he was only here temporarily, based on the paperwork he had on him.

This is still not a reason to get 5 year ban. People usually just get turn away on the border and told to come back with a proper visa.

 

IF he got an actuall MISREP then he is banned for life.

[Ben&Zian 4,398]

Him having a USC brother and you as a fiance, then all the paperwork with him, I definately understand why they denied him entry on basis of possibly not returning home. As for the ban, something else had to have happened because people are allowed to voluntarily leave/withdrawl all the time. Bans are very serious and it takes something more than stated to receive it. Has nothing to do with "misguided administration policies" or what not, I would expect the same from them with anyone from any country.

 

Now.... ..