AssalamAlikum from Delaware <3

[KimberlyNMustpha 15]

I apologize for not knowing how to attach the conversation I am replying to.

 

• I am 52, my husband is 47.......not a big difference in our ages.
• I have all the paperwork from the interview.  I have disclosed everything I have read and explained to me by the lawyer, there is nothing to hide, my husband is the type of guy that drives 59 in a 60mph zone because he is afraid of getting into trouble.  
• There was obviously communication breakdown before and after an interpreter was assigned to him
• I agree on enforcing immigration laws.  I am thankful that we have them and am not playing a victim to what has happened to my husband (then fiancé) but I do believe that we have CBP Officers that fly by the seat of their pants and make decisions based on the current flavor of the day.

 

I came here not to argue or defend my case.  It is what it is and I have accepted that.  I came to this forum to introduce myself and in support of how people manage their waiting time.  Every one of the cases I have read are unique in and of itself and nothing seems to be normal, just a guideline to help.  Perhaps I am using the wrong lingo.....this is new to me.  On July 12, 2017 I was contacted by CBP and told that my husband would not be entering the USA Today.   When I was faxed over the paperwork and had the several consults with the lawyer before choosing one, I was told he was banned for 5 years.  Might sound suspicious to you, but I can only go off of the paperwork/interview/ and stamp in his passport.    If there is something more to it, I am not aware of it and it was not documented int he interview.

 

I am just trying to survive the waiting game.

[Crazy Cat 41,833]

1 minute ago, Ben&Zian said:

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.... .. 

I agree.  It certainly could be seen as a classic "enter on a B2, then file AOS" scenario, but usually, those people are just told "Go home, and file the appropriate visa".  Something is very odd here.

[Ben&Zian 4,398]

1 minute ago, KimberlyNMustpha said:

I apologize for not knowing how to attach the conversation I am replying to.

 

• I am 52, my husband is 47.......not a big difference in our ages.
• I have all the paperwork from the interview.  I have disclosed everything I have read and explained to me by the lawyer, there is nothing to hide, my husband is the type of guy that drives 59 in a 60mph zone because he is afraid of getting into trouble.  
• There was obviously communication breakdown before and after an interpreter was assigned to him
• I agree on enforcing immigration laws.  I am thankful that we have them and am not playing a victim to what has happened to my husband (then fiancé) but I do believe that we have CBP Officers that fly by the seat of their pants and make decisions based on the current flavor of the day.

 

I came here not to argue or defend my case.  It is what it is and I have accepted that.  I came to this forum to introduce myself and in support of how people manage their waiting time.  Every one of the cases I have read are unique in and of itself and nothing seems to be normal, just a guideline to help.  Perhaps I am using the wrong lingo.....this is new to me.  On July 12, 2017 I was contacted by CBP and told that my husband would not be entering the USA Today.   When I was faxed over the paperwork and had the several consults with the lawyer before choosing one, I was told he was banned for 5 years.  Might sound suspicious to you, but I can only go off of the paperwork/interview/ and stamp in his passport.    If there is something more to it, I am not aware of it and it was not documented int he interview.

 

I am just trying to survive the waiting game.

 

Don't worry, it may seem like the questions asked her can be aggressive sometimes but they aren't to interrogate you. There are a lot of stories here on VJ where it takes a long time to drag pieces of information out of people and without that info answers/suggestions and help can't be given. That's main reason we are all trying to really understand full scenario to better assist you in this.

[Cyberfx1024 7,980]

9 minutes ago, KimberlyNMustpha said:

I apologize for not knowing how to attach the conversation I am replying to.

• I am 52, my husband is 47.......not a big difference in our ages.
• I have all the paperwork from the interview.  I have disclosed everything I have read and explained to me by the lawyer, there is nothing to hide, my husband is the type of guy that drives 59 in a 60mph zone because he is afraid of getting into trouble.  
• There was obviously communication breakdown before and after an interpreter was assigned to him
• I agree on enforcing immigration laws.  I am thankful that we have them and am not playing a victim to what has happened to my husband (then fiancé) but I do believe that we have CBP Officers that fly by the seat of their pants and make decisions based on the current flavor of the day.

I came here not to argue or defend my case.  It is what it is and I have accepted that.  I came to this forum to introduce myself and in support of how people manage their waiting time.  Every one of the cases I have read are unique in and of itself and nothing seems to be normal, just a guideline to help.  Perhaps I am using the wrong lingo.....this is new to me.  On July 12, 2017 I was contacted by CBP and told that my husband would not be entering the USA Today.   When I was faxed over the paperwork and had the several consults with the lawyer before choosing one, I was told he was banned for 5 years.  Might sound suspicious to you, but I can only go off of the paperwork/interview/ and stamp in his passport.    If there is something more to it, I am not aware of it and it was not documented int he interview.

 

I am just trying to survive the waiting game.

Well hello ma'am to you and we hope you have a good day.

 

We are not trying to interrogate you here  it's just we are just asking question to understand everything. A lot of time we have to pull information out of people with pliers in order to help. Also the age was brought up because usually what we see on here is a USC woman about your age with a 25 year old man from Morocco or Algeria, so that's why we asked about that. 

 

Now that you are here we are happy you to help you out in everything that you need. You are right that every immigration case is unique so that is why we were persistent with questions so that people can look back at your post and better help you in the future. Also please fill out your timeline.

 

You do know there is a North Africa subforum if you want to go there to look around and ask some questions.

 

http://www.visajourney.com/forums/forum/97-middle-east-and-north-africa/

Edited May 1, 2018 by cyberfx1024

[geowrian 22,337]

First, there is no 5 year bar for misrepresentation. Material misrepresentation is a permanent bar - nothing less.

 

Second, there is a 5 year bar for an expedited deportation. This usually occurs at/near the border (including at POE). Usually a CBP officer will allow an applicant for entry to withdraw their application, but it's at the discretion of the officer. Most likely, they think he was trying to immigrate on a tourist visa. This is not permitted on a tourist visa, and they decided that he was trying to evade detection and therefore imposed an expedited deportation. While not common, this is not that rare for somebody denied entry either.

 

50 minutes ago, KimberlyNMustpha said:

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).

Calling a lawyer while he was detained likely would not have done anything at all for him. He is applying to enter on a tourist visa...he can be denied entry on immigrant intent grounds at any time and without review.

 

Quote

Lawyer said that his religion and region of the world he comes from could have played into this.

This would be a violation of laws and policies. That said, I see nothing stated that supports this assumption. The extended stay, letters, documentation in his possession, etc. provide a strong case for immigrant intent regardless of an individual's bias in religion or nationality.

 

Quote

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.

Just because they usually permit up to a 6 month visit doesn't mean you should stay for 6 months. All visitors are presumed to have immigrant intent until they show otherwise. They show this via their ties compelling them to return home, such as a job to earn money, property that needs care, etc. Somebody who can visit for 6 months tend to have difficulty showing a compelling reason to come home. It's far from impossible, but anybody planning to stay that long may have an uphill battle ahead of them.

 

While it's not ideal, 6 month stays are not necessary to show a bona fide relationship or marriage. yes, Morocco is a difficult consulate so I understand the desire and need to gather lots of relationship evidence before pursuing any immigration option, taking it to the extreme has its own risks...namely being denied entry. On the plus side, you are not banned from visiting Morocco (AFAIK) or a 3rd country. You can still meet and spend time together.

 

1 hour ago, KimberlyNMustpha said:

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.

Your lawyer is wrong. Whether it was an expedited deportation or material misrepresentation, being married doesn't change the need for an I-601. And it has no bearing at all on I-130 adjudication...the waiver is only for a visa application, not a petition.

An I-601 can only be filed in conjunction with an immigrant visa application. So basically you must wait until the visa would otherwise be approved but is then refused due to the bar. At that point you will be presented with the option for a waiver if one exists. Then you file the waiver. Filing it any sooner will not work.

I would suggest getting a second opinion from a qualified immigration attorney that deals with waiver cases.

 

If the 5 year bar expires, no I-601 is necessary.

[Boiler 45,466]

Sounds like we are at least initially talking about a I212 for the Deportation. He is 47 so not a Student, not retired so what does he do that allows so much time off, obviously not independently wealthy if he was looking to stay and bring only $5,000. 

 

And why did he have all those documents, not something I would normally think of taking with me when on holiday.

 

The Misrep issue may well come up later, in which case that is where the I 601 comes in. Sounds like he dig himself in deeper when all this came to light to the point where they decided not to allow him the easy option of withdrawing his application to enter, or perhaps he did not take it.

 

Anyway going to be 9 months or so before the interview, up to you if you want to do a solo I 212 now.

 

I would strongly suggest you make sure you know exactly what happened.

[geowrian 22,337]

Yeah, misrepresentation is still possible later.

I still think it sounds like an expedited deportation. And an I-212 would be the waiver for this part, thanks.

[Derik-Lina 230]

Find out how Mustafa managed to take 5,000.00 dollars out of Morocco; 

Country rules and Moroccan Border Patrol is extremely tough on such ...

There could lay your answer. Also, he is either a very wealthy man or something is fishy here.

As far as wealthy, I wonder because you mentioned you d be supporting him as he completes his K1.

Lastly, why did he seem so prepared to marry if he did NOT intend to???

Good Luck!

Ps. I am just so curious why all Men from the MENA region are younger than the wives or wives to be; Knowing that those Macho Men

would never ever settle for an older woman, culturally speaking here. I hope I did not offend anyone. Just a remark. 

Edited May 1, 2018 by Derik-Lina

[Cathi 5,746]

3 hours ago, Roel said:

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?

What does a big difference in age, if there is one, have to do with anything? One cannot be denied a visa based on age, it's discrimination. I am 21 years older than my husband and we didn't have one single issue in the entire immigration process, up to and including citizenship. Age was never an issue.  We have been happily married for 7 years.

[Cathi 5,746]

3 hours ago, geowrian said:

First, there is no 5 year bar for misrepresentation. Material misrepresentation is a permanent bar - nothing less.

 

Second, there is a 5 year bar for an expedited deportation. This usually occurs at/near the border (including at POE). Usually a CBP officer will allow an applicant for entry to withdraw their application, but it's at the discretion of the officer. Most likely, they think he was trying to immigrate on a tourist visa. This is not permitted on a tourist visa, and they decided that he was trying to evade detection and therefore imposed an expedited deportation. While not common, this is not that rare for somebody denied entry either.

 

Calling a lawyer while he was detained likely would not have done anything at all for him. He is applying to enter on a tourist visa...he can be denied entry on immigrant intent grounds at any time and without review.

 

This would be a violation of laws and policies. That said, I see nothing stated that supports this assumption. The extended stay, letters, documentation in his possession, etc. provide a strong case for immigrant intent regardless of an individual's bias in religion or nationality.

 

Just because they usually permit up to a 6 month visit doesn't mean you should stay for 6 months. All visitors are presumed to have immigrant intent until they show otherwise. They show this via their ties compelling them to return home, such as a job to earn money, property that needs care, etc. Somebody who can visit for 6 months tend to have difficulty showing a compelling reason to come home. It's far from impossible, but anybody planning to stay that long may have an uphill battle ahead of them.

 

While it's not ideal, 6 month stays are not necessary to show a bona fide relationship or marriage. yes, Morocco is a difficult consulate so I understand the desire and need to gather lots of relationship evidence before pursuing any immigration option, taking it to the extreme has its own risks...namely being denied entry. On the plus side, you are not banned from visiting Morocco (AFAIK) or a 3rd country. You can still meet and spend time together.

 

Your lawyer is wrong. Whether it was an expedited deportation or material misrepresentation, being married doesn't change the need for an I-601. And it has no bearing at all on I-130 adjudication...the waiver is only for a visa application, not a petition.

An I-601 can only be filed in conjunction with an immigrant visa application. So basically you must wait until the visa would otherwise be approved but is then refused due to the bar. At that point you will be presented with the option for a waiver if one exists. Then you file the waiver. Filing it any sooner will not work.

I would suggest getting a second opinion from a qualified immigration attorney that deals with waiver cases.

 

If the 5 year bar expires, no I-601 is necessary.

Everything is post is correct.

[Crazy Cat 41,833]

12 minutes ago, Cathi said:

What does a big difference in age, if there is one, have to do with anything? One cannot be denied a visa based on age, it's discrimination. I am 21 years older than my husband and we didn't have one single issue in the entire immigration process, up to and including citizenship. Age was never an issue.  We have been happily married for 7 years.

One of our Mods explained it pretty well in a post last year in this thread:

 

 

Edited May 1, 2018 by missileman

[Going through 5,671]

12 minutes ago, Cathi said:

What does a big difference in age, if there is one, have to do with anything? One cannot be denied a visa based on age, it's discrimination. I am 21 years older than my husband and we didn't have one single issue in the entire immigration process, up to and including citizenship. Age was never an issue.  We have been happily married for 7 years.

On it's own, age difference cannot be used as the SOLE reason for a denial.  But it CAN be used as one of the reasons towards a denial should there be other red flags as well.

[JayMar2019 2,741]

6 hours 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.

 

 

There is no way your husband recieved a 5 year ban or any ban if he was denied entry into the US at POE. 2 years ago, my fiance attempted to visit me with his tourist visa and was denied entry. His visa was cancelled and he was sent back to his home country. Although he didn't have any of our fiance visa docs on him (he should have never had that on him) he was denied entry for the same reason. On April 27th, we just had our fiance interview at the embassy and we were approved and are waiting on his visa packet to he issued. 

 

My point in all of this is, you only get a ban if he was deported, or he requested a hearing during his POE and based on whatever findings at the hearing he was placed on a 5 year ban. If he left voluntarily, then there's no ban. 

 

So something doesn't seem quite right or details seem to be missing for his POE experience. 

Edited May 1, 2018 by Trinab80

[JayMar2019 2,741]

6 hours ago, KimberlyNMustpha said:

I apologize for not knowing how to attach the conversation I am replying to.

 

• I am 52, my husband is 47.......not a big difference in our ages.
• I have all the paperwork from the interview.  I have disclosed everything I have read and explained to me by the lawyer, there is nothing to hide, my husband is the type of guy that drives 59 in a 60mph zone because he is afraid of getting into trouble.  
• There was obviously communication breakdown before and after an interpreter was assigned to him
• I agree on enforcing immigration laws.  I am thankful that we have them and am not playing a victim to what has happened to my husband (then fiancé) but I do believe that we have CBP Officers that fly by the seat of their pants and make decisions based on the current flavor of the day.

 

I came here not to argue or defend my case.  It is what it is and I have accepted that.  I came to this forum to introduce myself and in support of how people manage their waiting time.  Every one of the cases I have read are unique in and of itself and nothing seems to be normal, just a guideline to help.  Perhaps I am using the wrong lingo.....this is new to me.  On July 12, 2017 I was contacted by CBP and told that my husband would not be entering the USA Today.   When I was faxed over the paperwork and had the several consults with the lawyer before choosing one, I was told he was banned for 5 years.  Might sound suspicious to you, but I can only go off of the paperwork/interview/ and stamp in his passport.    If there is something more to it, I am not aware of it and it was not documented int he interview.

 

I am just trying to survive the waiting game.

Apologies if you think we're judging you because thats not what we're doing. The only way we can advise on the best options to follow is to know all the details. My fiance went through the same ordeal, it was a horrible experience. I actually spoke with the CBP officer at the time and they told me that they gave him the option to go home voluntarily with no ban  or receive a 5 year ban and of course he chose the first option. The CBP officer even told him and I to just file the fiance visa because this way he wouldn't have any issues and "he would be my responsibility" (his words not mine).

 

So it sounds like more occurred during his POE that a 5 year ban was placed on him. Either way, patience is definitely needed for this whole process and hopefully things work out for you and your husband in the end.

[sparkles_ 456]

He is 47, by Moroccan standard he should marry a woman in her late 20s early 30s who can have his child/children. Unless he has already been married and done that before, and divorced. I'm sorry, but PLEASE take a bit of time to know what is really expected of MENA men as well as the language. Don't drink the kool-aid so to speak.....Be aware, that is all. 

 

 

Homeboy may have a real wife back home that they found out about, just an example. You don't really know what went on at POE because you were not there and privy to that conversation in person. Paperwork can be vague at best, especially immigration wise.

Edited May 2, 2018 by sparkles_