Denied entry on a visitor's visa, now married to a US Citizen

[addanis 0]

Leaving Trinidad 4 years ago my girl-friend was denied entry into the US (NY). She signed documents that wasn't reviewed by her and also didn't obtain a copy. She was accused of working in the US without permission because of a diary immigration officers obtained from her handbag. There was only a two month gap between her last visit to the US and the attempted visit. We are not sure what was the reason.

I am now a US Citizen and we were married January 2008. I would like to apply for here permanent residence but don't know where to begin since I don't really know what was the exact reason she was denied entry.

Can someone please help me?

[YuAndDan 153]

You begin by filing an I-130 for a spousal visa, then perhaps an I-129F for (K-3) after getting I-130 NOA1 letter.

Denial of entry on a visitors visa wont be the problem, but if for some reason the working without authorization is on record, you may have to file a waiver at the request of the visa interviewing officer.

[eau_xplain 2]

Does your (now) wife still have the passport that she used from that last visit? If she was turned away and made to sign some documents, there should be some stamp on her passport with the code indicating reason for denial of entry.

If there is no stamp on the passport and you are worried about the possibility of needing a waiver, perhaps you can file for an FOIA request to see what is on file regarding your wife.

[addanis 0]

You begin by filing an I-130 for a spousal visa, then perhaps an I-129F for (K-3) after getting I-130 NOA1 letter.

Denial of entry on a visitors visa wont be the problem, but if for some reason the working without authorization is on record, you may have to file a waiver at the request of the visa interviewing officer.

I would just like to say thanks for the response towards my question and I am very happy to know that there are people out there so readily availabe to help.

On the I-130 form, line 16 of the first page asks if your relative has ever been under immigration proceedings. I don't know what how to answer this line since I don't know the reasons she was denied entry?

Line 16 asks: Has your relative ever been under immigration proceedings?

No or Yes Where__________ When___________

Removal_______ Exclusion/Deportation_________ Rescission___________ Judicial Proceedings____________

I understand that I have to answer yes but which category does she fall under if I am not sure why she was denied entry?

[addanis 0]

Does your (now) wife still have the passport that she used from that last visit? If she was turned away and made to sign some documents, there should be some stamp on her passport with the code indicating reason for denial of entry.

If there is no stamp on the passport and you are worried about the possibility of needing a waiver, perhaps you can file for an FOIA request to see what is on file regarding your wife.

I would just like to say thanks for the response towards my question and I am very happy to know that there are people out there so readily availabe to help.

The answer to your question is no she does not have that old passport anymore she has a new passport. and yes I did ask about filing a FOIA request. The only thing is that she has to write the letter from Trinidad and to get a response could take up to three months. Is there a template letter to file a FOIA request? Is there a faster way I could get this information? Can I do it without her?

On the I-130 form, line 16 of the first page asks if your relative has ever been under immigration proceedings. I don't know what how to answer this line since I don't know the reasons she was denied entry?

Line 16 asks: Has your relative ever been under immigration proceedings?

No or Yes Where__________ When___________

Removal_______ Exclusion/Deportation_________ Rescission___________ Judicial Proceedings____________

I understand that I have to answer yes but which category does she fall under if I am not sure why she was denied entry?