Husband came on visit visa and was denied entry! Help!!!!

[Crazycatlady 1]

Hi,

My husband obtained a visit visa to come see me however later we decide to just file his green card when he would arrive. Unfortunately, his visa was canceled and was denied entry since my husband told them he was going to file his green card. The immigration officer explained that we can not do it this way and must file for spousal visa. Which here we are. Devastated.... but making it through. Our concern is that because his visa was canceled (no deportation) that they might deny his immigrant visa because of this mistake. We wanted our life to begin and start our family but i hate to think our error has screwed us over in our chances. Please sny advise of peoples experiences would be helpful. We have sent in everything and just waiting in agony.

[EM_Vandaveer 2,387]

Just file an I-130. His visa was cancelled for immigrant intent. That won't be an issue for a spousal visa.

[f f 725]

he got a non immigrant visa and when he arrived he told the officer he was planning to immigrate. in short he got the wrong visa for what you guys wanted to do. if this will be an issue later on will be determined by if the IO thinks you guys intentionally tried to skirt immigration law or accidentally tried to. this should be able to be determined by what if any refusal code they gave your husband. good luck

[Crazycatlady 1]

he got a non immigrant visa and when he arrived he told the officer he was planning to immigrate. in short he got the wrong visa for what you guys wanted to do. if this will be an issue later on will be determined by if the IO thinks you guys intentionally tried to skirt immigration law or accidentally tried to. this should be able to be determined by what if any refusal code they gave your husband. good luck

You mean a refusal code given to my husband or the refusal code they add in their system?

Thanks!

Why would it be looked at as trying to outskirt the law when we would be doing the same process but at least be together

[Hypnos 6,576]

Your husband was rightly denied entry due to his attempted misuse of a nonimmigrant visa.

Pursue the CR-1/IR-1 path; this denied entry will have no bearing on that.

[EM_Vandaveer 2,387]

You mean a refusal code given to my husband or the refusal code they add in their system?

Thanks!

Why would it be looked at as trying to outskirt the law when we would be doing the same process but at least be together

You may not have known, but entering on a non-immigrant visa with intent to file for a GC (=immigrate) is NOT allowed. You found it out the hard way.

File the I-130 for your husband ASAP. The process takes about a year.

[f f 725]

You mean a refusal code given to my husband or the refusal code they add in their system?

Thanks!

Why would it be looked at as trying to outskirt the law when we would be doing the same process but at least be together

because coming to the us with the intention of adjusting his status is fraud. the fraud of using a visa for a purpose other than what it was intended for.

to put it very bluntly immigration law is not ment to be nice to the immigrant or the family of the immigrant it is there to protect the people in the US from undesirable people and to protect our way of life. it protects us from undesirable people by doing extensive background checks before they arrive in the US and to protects our way of life by limiting who is allowed to immigrate which protects jobs.

[EM_Vandaveer 2,387]

because coming to the us with the intention of adjusting his status is fraud. the fraud of using a visa for a purpose other than what it was intended for.

to put it very bluntly immigration law is not ment to be nice to the immigrant or the family of the immigrant it is there to protect the people in the US from undesirable people and to protect our way of life. it protects us from undesirable people by doing extensive background checks before they arrive in the US and to protects our way of life by limiting who is allowed to immigrate which protects jobs.

Obviously OP's husband was NOT trying to commit fraud. That's clear from the fact that he announced his intent to do AOS to the CBP officer.

[millefleur 5,043]

Even if he didn't know the law and had no actual intention to immigrate because of that, it's still not allowed if he admits the intent to immigrate to an immigration authority.

Confusing, I know. This probably happens to people all the time, if not on a daily basis.

[Crazycatlady 1]

So....even though the immigration officer said for us to file and my husband has been to the US twice never over staying and has been compliant those two times. I feel if we were trying to do wrong he could have done it before but we made the error n now we are following as they said why should we be punished for this? What could happen for us?

I mean they may never accept him?

[millefleur 5,043]

So....even though the immigration officer said for us to file and my husband has been to the US twice never over staying and has been compliant those two times. I feel if we were trying to do wrong he could have done it before but we made the error n now we are following as they said why should we be punished for this? What could happen for us?

I mean they may never accept him?

No, don't worry about the future CR-1/IR-1 spouse visa. This situation won't have any affect on that. He just won't be able to enter the US until he gets his spousal immigrant visa, which takes about a year to process.

[EM_Vandaveer 2,387]

So....even though the immigration officer said for us to file and my husband has been to the US twice never over staying and has been compliant those two times. I feel if we were trying to do wrong he could have done it before but we made the error n now we are following as they said why should we be punished for this? What could happen for us?

I mean they may never accept him?

Please understand that his visa was cancelled and he was denied entry for immigrant intent, this will cause no problems whatsoever once he's applying for the correct visa (an immigrant visa as a spouse of a USC).

[Crazycatlady 1]

Ok i understand. Why they question him on this on his interview?

Thank you all for your helpful assistance we have been beating our brains out on the possibilities of what will happen.

[EM_Vandaveer 2,387]

Ok i understand. Why they question him on this on his interview?

Thank you all for your helpful assistance we have been beating our brains out on the possibilities of what will happen.

What interview?

[millefleur 5,043]

Ok i understand. Why they question him on this on his interview?

Thank you all for your helpful assistance we have been beating our brains out on the possibilities of what will happen.

In the immigrant visa interview there are usually questions such as:

1.) Have you ever been to the US?

2.) Have you ever been denied a US visa/denied entry to the US? If so, why?

And things along those lines. It's standard for everyone. Nothing to worry about really, your situation is way more common than you think and it won't have any effect on the later application/interview, as long as he tells the truth/is 100% honest of course. During the interview, he will have the chance to explain what happened and that he didn't know about the rule/had no intention of committing visa fraud.

Edited November 27, 2016 by millefleur