5 YEAR BAN THEN I130 FOR WIFE

[omar42 1]

Hello everyone. I'm hoping to get some insight here and would appreciate the help greatly.

 

I'm a USC and my then girlfriend in 2024 landed in the USA and was questioned by an officer at the airport. She had 13,000 in cash undeclared and when asked about it told the officer she received it from working in the US on previous trips. Consequently she was removed and banned for 5 years. The money was confiscated but eventually returned. She also told the officer she would be getting married during this trip although I didn't see a mention of that in the paperwork. A couple months later we were married in MX and applied for i130. The truth is she never actually worked and the money was from her saving from the money I would give her to live on over the years. She would come with me to my small business and just hang around.  Even while in mx I would send her money for living expenses and have receipts. I understand that its already in writing and she confessed to working. What can we expect moving forward? Currently we have our i130 processing.

[OldUser 8,078]

Any unauthorized work is forgiven for a spouse of a US citizen as long as it's disclosed.

 

5 year ban is a separate matter.

Edited Saturday at 05:26 PM by OldUser

[omar42 1]

What can we expect to happen with this 5 year ban in place?

[Crazy Cat 42,692]

37 minutes ago, omar42 said:

What can we expect to happen with this 5 year ban in place?

She won't be entering the US for 5 years unless a hardship waiver is granted......That could take a year or two after her interview.

Edited Saturday at 06:13 PM by Crazy Cat

[omar42 1]

so best case scenario is still about 4 years away?

 

We've already filed the i130. If we are going to be denied would we have to wait the 5 years then apply again? Then wait the roughly 2 more years to go through the entire process again?

[OldUser 8,078]

2 hours ago, omar42 said:

so best case scenario is still about 4 years away?

 

 

Yep

[Rocio0010 5,680]

4 hours ago, omar42 said:

The truth is she never actually worked and the money was from her saving from the money I would give her to live on over the years.

Wait, what? Why did she ever say she was working if she was not?

[pushbrk 13,254]

3 hours ago, omar42 said:

so best case scenario is still about 4 years away?

 

We've already filed the i130. If we are going to be denied would we have to wait the 5 years then apply again? Then wait the roughly 2 more years to go through the entire process again?

The I-130 is not a visa application.  It's your petition in her behalf.  Having a ban in place does not cause the petition to be denied.  Just keep the case active at the National Visa Center by contacting them once a year, until it's time to move forward.

Edited Saturday at 10:29 PM by pushbrk

[omar42 1]

thank you so much for clarifying that for me. So after the i130 She will get an interview correct? At the interview she'll be denied after which we can apply for a waiver. Do I understand this correctly?

 

[S2N 23]

1 hour ago, Rocio0010 said:

Wait, what? Why did she ever say she was working if she was not?

Because people get nervous around immigration officials and say stupid things when answering the question truthfully, nothing more, nothing less is all that you need to do 99% of the time to be admitted into any country.

[appleblossom 3,418]

13 minutes ago, omar42 said:

thank you so much for clarifying that for me. So after the i130 She will get an interview correct? At the interview she'll be denied after which we can apply for a waiver. Do I understand this correctly?

 

 

Yep, exactly, but she’ll need good grounds for a waiver - if not then she’ll have to wait the ban out. 

[WaterLeaf 201]

5 hours ago, S2N said:

Because people get nervous around immigration officials and say stupid things when answering the question truthfully, nothing more, nothing less is all that you need to do 99% of the time to be admitted into any country.

I can only hope OP works with her so she can become more confident about getting questioned. Mock interviews, etc., and having proof of receipts of where the money is coming from will also help if you're to do this in the future that can also help. This should be in the 5 year plan before the ban is lifted so that's a good start!

OP, please please please... just take your time and review this guide and read over it a few times, and then come back to question if you can't find anything on the forum! https://www.visajourney.com/guides/

It has so much info there and the forum it's amazing.

[JD2 105]

7 hours ago, omar42 said:

thank you so much for clarifying that for me. So after the i130 She will get an interview correct? At the interview she'll be denied after which we can apply for a waiver. Do I understand this correctly?

 

After USCIS approves the I-130, the case is sent to the NVC.  After you're Documentarily Qualified at NVC, the case will be sent to the Consulate in Cuidad Juarez for interview.  The Consulate can't issue the visa until the ban is over.  So, you can go to the interview under 5 years, get denied, then try for a waiver.  Or, say it takes 1.5 years at USCIS for the I-130 approval.  Then, you can keep the case active at NVC like @pushbrk said by contacting them at least once a year, then as you approach your 5 year mark, submit your documents and get Documentarily Qualified which will then send your case to the consulate.  I think Juarez is one of the longest waits for an interview (like 1 year) so you may not want to bother with the waiver.

[Boiler 46,368]

Hmm

 

Not sure I know many people who would send their GF such large amounts.

 

The I 212 got the deportation could be filed now, the bigger question would be whether she needs a I 601 see a possible misrep charge, but that you will not know until the interview.

[Damedash23 3]

Damn,she should've sent most of that money to you, no explanation needed only she's getting married but good luck with the future endeavor, I'd say get a trustworthy attorney to assist if you can,otherwise it may be a wait