Spouse Visa Complications

[dhm2 0]

Hello,

My husband, a Venezuelan citizen, and I were told by USCIS that we could come to the United States on his tourist visa and finish the process we had already started for his immigrant visa here in the U.S. When we arrived in Houston, TX, my husband was detained by boarder patrol, told that we could not come to the United States in this fashion, and voluntarily returned to Venezuela. They put him in a holding cell for the night and made him sign a lot of papers. My question is, does all of this affect the process we had already started for his immigrant visa? Will this situation cause problems when we go to the interview? Does the fact that he spent the night in a holding cell make him a susceptible to negative outcomes in the visa process?

I need help,

dhm2

[IcezMan_IcezLady 582]

Nope...It won't have any bearing on your immigration process but just have the documentation you have for that incident during the interview. Just in case, CO ask about it, you will have it there.

[Transborderwife 4,666]

Just in case, what's the annotation that he received on documents? Unfortunately you fell victim to the misinformation line.

[dhm2 0]

Transboarderwife,

His tourist visa was stamped with "cancelled". Is that what you mean?

dhm2

[Penguin_ie 5,984]

Yes, we do not call the USCIS callcenter the "missinformation line" for nothing; it is visa fraud to use a tourist visa, which is for visiting, with the intention of immigration/ staying in the USA.

If it only says "cancelled" you should be ok; he will be asked about it at interview but no ban etc. However, have him double check there there are not a bunch of numbers and letters written beside it, and read the papers he was given, just in case.

[dhm2 0]

Penguin_ie,

There are numbers and letters written on the top. Is that a problem? Will he now have a criminal record since he was placed in a retention cell and made to sign papers at the jail?

Thank you,

dhm2

[Illiria 980]

Reply here with the letters and numbers, copy it exactly as the order is important. People on here will then be able to tell you what it means

[dhm2 0]

The letters and numbers are "22CFR41.122(h)(3)"

[Transborderwife 4,666]

Okay good. This simply means that the application was withdrawn. No ban. You should be alright but expect the visa to take about a year.

[dhm2 0]

Will he now have a criminal record since he was placed in a retention cell outside of the airport, gotten his picture taken, and made to sign forms?

[Anitafeliz 1,133]

Will he now have a criminal record since he was placed in a retention cell outside of the airport, gotten his picture taken, and made to sign forms?

No he will not he did not commit any crime other than try to use a tourist visa to migrate to the US and although thats the case he was not given a ban if what previous poster put after reading your numbers.

They have to take a picture for documentation.

Do your spousal visa and at the interview be truthful if questioned.

[famictech2000 2]

I would find out which forms they had him sign.

The 22CFR41.122(h)(3) is just an indicator that the tourist visa was cancelled; so that the person does not try to renter the country with the visa.

Depending on which forms he signed, will dictate future visa outcome.

Hopefully he was smart enough to read the forms before he signed them...

[dhm2 0]

I am supposed to turn in some documents to the National Visa Center, it is the 6th and final step they require before the interview. On the Affidavit of Support, my husband (the immigrant) is the one who has an income for our family. Therefore, I must send in proof of his income. My question is, does that document need to be translated from spanish to english? Also, does an additional column need to be added showing the currency change from venezualen bolivares to american dollars?

Will the fact that my husband, the immigrant, is the one earning money for the family affect our visa process in a negative way?

Also, when filling out the "Visa Application Form" required by the National Visa Center, they ask me to list all of the previous visas he has had. Since his tourist visa was cancelled, do I still list it? Will there be an option for me to explain why it was cancelled?

Edited June 27, 2016 by dhm2

[JFH 12,189]

I am supposed to turn in some documents to the National Visa Center, it is the 6th and final step they require before the interview. On the Affidavit of Support, my husband (the immigrant) is the one who has an income for our family. Therefore, I must send in proof of his income. My question is, does that document need to be translated from spanish to english? Also, does an additional column need to be added showing the currency change from venezualen bolivares to american dollars?

Will the fact that my husband, the immigrant, is the one earning money for the family affect our visa process in a negative way?

Also, when filling out the "Visa Application Form" required by the National Visa Center, they ask me to list all of the previous visas he has had. Since his tourist visa was cancelled, do I still list it? Will there be an option for me to explain why it was cancelled?

The immigrant can only use his income if it will continue from the same source after he moves to the USA. Is his company transferring him to an office of theirs in the USA? Or is the income from rental properties or something that will continue after he leaves Venezuela? He cannot use his current income from a job that he will be leaving.

[dhm2 0]

I have sent in the documents to NVC, and they are being reviewed in order to give us an interview. From the time the email for the interview is given and the actual date of the interview, what is the shortest amount of time? I was told by NVC that the time laps between when the email is sent to the date of the interview, is at least 30 days. Is this true? Is there any way to shorten that time?

Also, what are the most common questions asked during the interview? What are things we need to have very clear during the interview?