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Kaylee_B

Husband's B2 Visa Canceled at the Port of Entry... Application of Admission WithDrawn?

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Filed: IR-1/CR-1 Visa Country: Sweden
Timeline

I thought it's obvious why they didn't let him in, you guys got married and didn't file for AOS. Sorry it's early not sure why nobody else is seeing this so maybe I'm out of it. You needed to file to adjust, if he told them you were married they wouldn't let him in on a tourist visa. Now the CR1 will be the way. Hopefully you will have a speedy process, good luck!

They would only file adjustment of status if they wanted her husband to remain in the US though but since he owns a home and everything back home in Mexico, I guess that wasn't what they were planning?!

I married my husband in the US while there under the VWP, then returned home to Sweden as it wasn't the right time for me to move over. I have been travelling over under the VWP every three months since we got married two years ago (before that too) and have never had any issues. Even though someone's married to a USC, you can still visit under the VWP or a tourist visa. I think the issue in OP's case is that her husband spent more time in the US and just did short trips back home to Mexico, which comes across as if he's living in the US already.

Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

Again, he was never technically living in the U.S., although I can imagine how they interpreted it that way. He was just trying to spend as much time with me as possible while we were working with the I-130. It's just my biggest fear that the cancellation of his b2 visa will affect whether or not they will give him his CR1.

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

The fact that he was allowed to withdraw his application for admission was actually a good thing. If he had been flat-out denied entry then it's possible he could have been found inadmissible and would then need a waiver to enter.

Allowing him to withdraw his application for admission avoids this problem.

Yeah, that's what I was thinking.. I guess the confusion I have is the code they wrote on Visa, it just indicated otherwise. But again, they did stamp the "Application for Admission Withdrawn," so I hope you're right.

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

Are you sure it wasn't 22CFR 41.122(e)(2). If it was 122 instead of 22, that is just the code that gave the officer the legal authority to cancel the visa. And the (e)(2) part is the reason -- because he was excudable (according to that particular officer). This code is not a bar to future visas at all.

Yes, my bad... it was 122, not 22. So you are familair with this code? Because I couldn't find a clear understanding of what exactly it eans. So you're saying that code shouldn't affect his CR1 and we won't have problems, right? Your answer was the exact information I was looking for. It still makes me nervous, but based on what everyone has been saying.. I'm feeling better. Thank you!

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

It looks like your husband overstayed by 2 months. The good news is this isn't going to impact his immigrant visa since they're 2 different categories and he didn't stay long enough to accumulate a ban. If he had overstayed for more than 6 months he would've had a 3 year ban and if for 1 year a 10 year ban. By then the immigrant visa he's seeking would've been denied as a result requiring him to have a waiver of admissibility to overcome it. Cancellation and refusal of his non-immigrant entry only negates his possibility of getting another non-immigrant visa not an immigrant one. Don't panic he should be fine.

Well, as I told another member... I wasn't complete with my details, he had left and came back a couples times between November 2013 and July 2014, so he never once overstayed his time. I just hope that you're right and it won't affect our immigrant case.

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  • 2 weeks later...
Filed: Lift. Cond. (apr) Country: China
Timeline

Off topic post removed.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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