noid recieved

[Dashinka 24,741]

43 minutes ago, missileman said:

This is the part which caught my eye:

 

"

Even if the person gets into the U.S. they still cannot adjust status to permanent resident.

Let’s say our Chinese wife gets into the United States on her B-2 visitor’s visa. Remember that all along she was planning to apply for residency, so after entry her husband files and I-130 Petition for Alien Relative and she files an I-485 Application to Adjust Status to Permanent Resident. She’s already in the country, and their marriage is legitimate, so is she home free? No.

An I-485 application for permanent residency is considered an application for admission to the U.S. This is a counter-intuitive concept that many struggle with. Even though the applicant is already in the country, U.S. Citizenship and Immigration Services (USCIS) treats the person as though they are outside the U.S. and seeking entry. Why does that matter? Because the person is screened for all grounds of inadmissibility.

What are the grounds of inadmissibility? The immigration statute has a long list of rules about whether a person is admissible to the U.S. A person is considered inadmissible if she has certain diseases, has committed certain crimes, is a security threat, etc. But a person is also inadmissible if she has committed immigration fraud. "

This is exactly what I was referring to before.  All interviews can be treated as admission interviews.

 

Thanks!

[Russ&Caro 1,549]

46 minutes ago, Cryssiekins said:

Having kids just proves you had sex.  You can do that with anyone. 

Generally speaking, you can have sex with a person with compatible sexual orientation, usually with sexual attraction for both involved, with reasonably good health, and with consent. It's not quite as slam dunk as your statement implies. That said, your larger point that sex has little or no bearing on immigration matters is valid and is a much simpler argument to make than ease of sex.

[junkmart 320]

11 hours ago, zack27a said:

the letter says you entered united states under the visa waiver program feb 8 at that time you were interviewed by costoms agent and border agent. you told the agent you had no plans of moving to the usa. the agent contacted your spouse who stated there were no plans for you to move to usa. on march 15 you filled form i 485 and appread for an interview on june 5  during the interview you stated your purpose of traveling to usa was to live  with your husband and child. you testimony indicates that you had no intention of returning to your home country furthermore your failure to disclose your true intent at the time of your entry to the usa curtailed additional questioning for determining eligiblity as result of you are in admissible to the usa 

You need to hire an attorney to help you appeal this decision. You stated that your wife did not have intent when she was admitted into the USA, but that at the GC interview she was confused due to the language barrier and she inadvertently incriminated herself. You've said she decided to stay and adjust after becoming pregnant. An attorney can help.

 

Try to ignore the people here who are accusing you of visa fraud. They get jealous when people adjust from B2. But to me it sounds like your wife did nothing wrong, except get confused at the GC interview.

[Amadia 711]

Everyone who travels to the US needs to realize that EVERYTHING you do/say is documented when speaking to the CBP officer.

 

A classic example - My parents applied for their tourist visas to come visit me back in 2017. I took my kids back to Trinidad for the summer holidays in 2017 so they could spend it there, I stayed for 4 days and then returned to the US because I had to get back to work. When my parents had their interview, they told the officer that they wanted to get the visas because they raised their grandbabies since birth and would now be able to see them periodically if the visas were granted. The officer then said, "Oh yes! I see your daughter travelled recently with the kids and then returned to America without them. Did she bring them to spend their summer holidays with you?" My mother then explained that I took some days off work so that I could accompany the kids on the flight, since I was not gonna let them fly alone at their age, and then I returned to US as I had to get back to my job. The officer then smiled and said, "I do see her flying back the week before school started but that flagged her and put her on our TSA checklist. Don't worry grandma, you will both be seeing your 3 grandbabies very soon." This comment confused my parents so my dad asked the officer how she knew that I was pregnant. She smiled again and said that during my TSA check with the airline official, they documented 'pregnant female...' and that all records of persons flying to/thru the USA is properly recorded and available to the DHS upon request by consulate officials.

 

To me, that was extremely unnerving to feel like your every move thru the airport is being documented but it works in their favor for situations like OP's.

[geowrian 22,338]

Nobody ITT knows the OP's spouse's intent. The problem is they made an affirmative statement to the IO about their intent already. As far as USCIS is concerned, that is established fact now. The reality is that It would be difficult to claim they misspoke or did not understand the question beforehand...that boat has passed IMO.

Time to lawyer up. I think the case for significant equities would be a better approach personally, given a spouse and children in the US.

There may or may not be a misrep issue still, but an I-601 can address that if needed.

Edited June 13, 2019 by geowrian

[Pinkrlion 2,724]

13 hours ago, zack27a said:

actually , we have been married for 5 years and have 2 kids who are american citizens and the uscis have all that information so are they suspecting this is some kind of marriage fraud ?

Then why did it take so long for you to file I-130 and bring your family to US

[SalishSea 18,096]

1 hour ago, JFH said:

Maybe they took the children thinking it would be good evidence of a bona fide marriage. It has been asked here before many times and I know of one forum where the chief moderator actually recommends that people have children together to “prove a bona fide marriage” (yep, they actually use the word “prove”). 

 

Just like the couple who sent pictures of themselves to USCIS  having sex to “prove” the

relationship was genuine... 

And those of us who are either too old to have more kids (or who wouldn't even if 15 years younger) are SOL.

[junkmart 320]

2 minutes ago, Pinkrlion said:

Then why did it take so long for you to file I-130 and bring your family to US

How is that any of our business.

[SalishSea 18,096]

20 minutes ago, junkmart said:

Try to ignore the people here who are accusing you of visa fraud. They get jealous when people adjust from B2. But to me it sounds like your wife did nothing wrong, except get confused at the GC interview.

Jealous?  LOL no.  She admitted her intent was to adjust status...

1 minute ago, junkmart said:

How is that any of our business.

How is any of the content of this board anyone's business?  We collectively make it so by posting about our immigration issues.

[junkmart 320]

2 minutes ago, Jorgedig said:

Jealous?  LOL no.  She admitted her intent was to adjust status...

That is not what OP said in his original post. That is something that other people added.

 

OP said that she was confused at the GC interview due to the language barrier. Either you all missed that, or just ignored it.

Edited June 13, 2019 by junkmart

[SalishSea 18,096]

1 minute ago, junkmart said:

That is not what OP said in his original post. That is something that other people added.

 

OP said that she was confused at the GC interview due to the language barrier. Either you all missed that, or just ignored it.

I was going by the content of the letter, as OP's original posts were a bit convoluted as to what actually occurred.

[SalishSea 18,096]

1 hour ago, JFH said:

He said she got pregnant 3 weeks after she arrived. And she arrived in February so she would definitely know by now.

She filed the I-485 long before now......March 15.

[junkmart 320]

4 minutes ago, Jorgedig said:

I was going by the content of the letter, as OP's original posts were a bit convoluted as to what actually occurred.

I'lll admit his english was not that great, but I could understand what he was trying to say. Wife attended GC interview, was tripped up by language barrier (should have had a translator) and said the reason she came was to live with husband and kids. But his whole point of posting was that she misspoke, and that it was not her intent. Lots of people seemed to ignore this, and just focused on the letter, and also accused her of intent. They are asking for advice on how to address this, as it was not her intent.

 

That is what I understood from the first reading of his original post.

[Mollie09 1,543]

Intent alone can't be used for denial (Cavazos, Ibrahim, Batista) so either someone screwed up, or there's more to this story.

[Crazy Cat 42,129]

1 minute ago, Mollie09 said:

Intent alone can't be used for denial (Cavazos, Ibrahim, Batista) so either someone screwed up, or there's more to this story.

What about misrep plus intent?  I'm not accusing......I am asking if entering with intent can generate a misrep......