B2 Visa was granted, but my wife was denied entry into America and sen

[TexasBuzzy]

I'm still reeling from a nightmare that took place after a long flight from Shanghai to Detroit.

I thought the interview and questioning ended in Shanghai, but my wife and I were grilled going

through the INS in Detroit. We were told that she was entering on the wrong visa and we weren't able to convince them otherwise. I was forced to go immediately and buy a return ticket for her and wasn't even allowed to tell her goodbye!!! After hearing many of my wife's friends and some of my friends get into America with the same visa, I'm enraged with the system! Now, we are facing what looks like 1 year apart to get her a spousal visa. My questions are regarding this process... I have lived and worked in China the past 9 years and don't have a home in America nor a job. Should I go back to China and continue working there while we do the process, or stay in America? I don't think I can stay without her so long because we've been together for 4 years!

 

 

Help!

Dave

[dnoblett]

Yep, I have seen posts before on Visa journey where the POE denies entry to the USA if they suspect immigrations intent, even though the consulate grants a visa, there is no guarantee the POE will allow entry.

 

Anyway, if it were me I would return to China, you still have residency there, so should be able to file the Spouse petition over there and get an IR-1 spouse visa in about 4-5 months, and then immigrate.

 

Yes you have an issue of domicile, there are many ways to handle this, several posts about that.

 

Also you may have to use a joint sponsor if your income will not be disrupted.

Edited June 7, 2012 by dnoblett (see edit history)

[Randy W]

What visa did they tell her was the correct one? Why? Did she tell them she intended to stay?

 

Did you try to bypass the I-130 process?

[RobertH]

Relax, go visit family or friends take a few days to calm down. Then buy yourself a ticket head back to China file the IR-1 work for a few months if you can. Like Dan said it's fast now, you both could still be back by christmas. You have the best fix to this a Direct file is the fastest.

[Randy W]

. . . Now, we are facing what looks like 1 year apart to get her a spousal visa.

. . .

 

 

Help!

Dave

. . .

We have no intentions of her immigrating to America at this point because we have a comfortable life in China and it's easy for me to find work here.

. . . we plan to buy a home while we are in America as an investment. . . .

 

 

You're already in deep enough doo-doo that you may want to get some legal advice before you do anything.

[knloregon]

If Randy can routinely find it, pretty sure DOS can, plus much more...

[david_dawei]

Part of the problem here is not really knowing all the immigration processes although I am not sure that everyone in the US should be expected to but when one files for a visa they will hold that person as understanding the requirements and limitations to it's use.

 

What everyone needs to know is that a non-immigrant visa (NIV) has an EXPLICIT assumption the alien will immigrate until the issuing CO or port of entry are satisfied the alien does not have that intent.

 

What PROCESS are you wanting to do?

 

If it is simply to visit the US, forget that. That is not the intent of the B2 for married couples, although some might get it.

 

If you really have no plans to move to the US, then get back to China and keep living together.

 

if you want to move her to the US, then start studying up on the CR1/IR1 visa which would take about 6 months if your still living in china but you have 'housing' issues which was mentioned.

[Randy W]

Realize, though, that putting his wife on a plane back to China without being able to see her is a fairly severe step for the Immigrations Officers to take. There may be a more serious finding in her file than we are aware.

 

That, plus the fact that his story here has been less than consistent, may call for legal advice. In any event, having someone who can SEE what he is doing might be wise.

[dnoblett]

Realize, though, that putting his wife on a plane back to China without being able to see her is a fairly severe step for the Immigrations Officers to take. There may be a more serious finding in her file than we are aware.

 

That, plus the fact that his story here has been less than consistent, may call for legal advice. In any event, having someone who can SEE what he is doing might be wise.

From looking at TexasBuzzy, he is not much of a replying type, 3 topics started 1 reply in his topic about applying for the B2, nothing else, so if going on that record, probably will not know what they did or outcome. Sometimes we get no feed-back from people asking questions.

[Randy W]

Realize, though, that putting his wife on a plane back to China without being able to see her is a fairly severe step for the Immigrations Officers to take. There may be a more serious finding in her file than we are aware.

 

That, plus the fact that his story here has been less than consistent, may call for legal advice. In any event, having someone who can SEE what he is doing might be wise.

From looking at TexasBuzzy, he is not much of a replying type, 3 topics started 1 reply in his topic about applying for the B2, nothing else, so if going on that record, probably will not know what they did or outcome. Sometimes we get no feed-back from people asking questions.

 

Yeah, I think he just wanted to spout-off a little bit about his plight. That's up to him.