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Bobbyever

I-130 Question 16 HELP

By Bobbyever in K-3 Spouse Visa Process & Procedures

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Bobbyever Newbie

Bobbyever   0

Posted
Filed: K-3 Visa Country: Canada
 Timeline
Posted

Hi!

My name is Bobby and I'm currently filing form I-130 as the first step in getting my wife a k3 visa. My wife is now in Canada because of our failed attempt at crossing the border from Canada into the USA. This is not the first time this has happened to her. About 9 years ago she was denied entry after a CBP officer discovered a contract in her suitcase that showed she was intending to immigrate for purposes of work and not just visiting. Also a couple years later she was interrogated at the border during a flight connection on her way to hong kong, at which, they issued her a 3 day pass (stapled in her passport, then removed upon exit) saying that she had to leave within 3 days or face the penalties. Most recently on March 5, we were returning to NYC after visiting friends and family in Toronto and informed the guard that we were planning on filing for her adjustment of status. He said that her entry wasn't legal under the visa waiver program and sent her back to Canada.

My question is, on form I-130 number 16 asks "has your relative ever been under immigration proceedings? _yes _ no _ Removal _ deportation/exclusion _ rescission _ judicial proceedings."

Do any of my wife's denials classify as proceedings? If so, what type?

I was planning on filling it in yes (for fear of being accused of fraud), then attaching separate sheets with a full description of each account.

Any help is greatly appreciated.

Thanks in advance!

Bobby

sheeshkabelle Proficient

sheeshkabelle   153

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

absolutely give all dates and details on a separate sheet. If you do not divulge these facts to USCIS, you could be looking at even more trouble.

Most recently on March 5, we were returning to NYC after visiting friends and family in Toronto and informed the guard that we were planning on filing for her adjustment of status. He said that her entry wasn't legal under the visa waiver program and sent her back to Canada.

Who ever told you to do that is a fool. You are very very lucky she wasn't banned from the US for 10 years or more.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

Bobbyever Newbie

Bobbyever   0

Posted
Filed: K-3 Visa Country: Canada
 Timeline
  • Author
Posted

absolutely give all dates and details on a separate sheet. If you do not divulge these facts to USCIS, you could be looking at even more trouble.

Most recently on March 5, we were returning to NYC after visiting friends and family in Toronto and informed the guard that we were planning on filing for her adjustment of status. He said that her entry wasn't legal under the visa waiver program and sent her back to Canada.

Who ever told you to do that is a fool. You are very very lucky she wasn't banned from the US for 10 years or more.

Thanks so much for the quick response. I just finished writing the events out in detail. Just wondering if you happen to know which of the categories her denial of entry would fall under I was thinking exclusion/deportation but I've seen some other posts that say removal.

sheeshkabelle Proficient

sheeshkabelle   153

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Well she wasn't deported, excluded (ban), or removed, only denied entry.

I wouldn't select any of them. But do put 'see attached sheet' in the blank so they can read what happened.

You will need to explain it again during the NVC stage, I believe the DS-260 asks if you have ever been denied entry, so keep your details :)

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

jaycali Experienced

jaycali   415

Posted
Filed: Timeline
Posted (edited)

Most recently on March 5, we were returning to NYC after visiting friends and family in Toronto and informed the guard that we were planning on filing for her adjustment of status. He said that her entry wasn't legal under the visa waiver program and sent her back to Canada.My question is, on form I-130 number 16 asks "has your relative ever been under immigration proceedings? _yes _ no _ Removal _ deportation/exclusion _ rescission _ judicial proceedings."Do any of my wife's denials classify as proceedings? If so, what type?I was planning on filling it in yes (for fear of being accused of fraud), then attaching separate sheets with a full description of each account. Any help is greatly appreciated.Thanks in advance!Bobby

Absolutely! Better check "yes" and attach a sheet explaining what happened. A denied entry on a tourist visa though will have little to no implications when it comes to K-1 or CR-1 visas. Lucky she wasn't barred!

As for telling them you intended to adjust status... Whoever told you to do that was seriously misinformed. It's illegal to enter as a tourist if you intend to adjust status. Since you were honest about it and were just denied entry, it shouldn't be any big deal though.

This may be specific to Canadian visitors, but travelers from VWP countries always need a B-2 visa to enter if they have previously been denied entry - Does it work the same way for Canadians?

Edited by jhsm85
Bobbyever Newbie

Bobbyever   0

Posted
Filed: K-3 Visa Country: Canada
 Timeline
  • Author
Posted

Yeah it seems like a "better safe than sorry" situation.

As for needing a b-2 visa. I can only assume its sort of case-by-case, because we've crossed the border many times with out complication after her initial incident in 9 years ago.

Thanks for all the help!

Sending everything to Chicago today!

sheeshkabelle Proficient

sheeshkabelle   153

Posted
Filed: IR-1/CR-1 Visa Country: Canada
 Timeline
Posted

Absolutely! Better check "yes" and attach a sheet explaining what happened. A denied entry on a tourist visa though will have little to no implications when it comes to K-1 or CR-1 visas. Lucky she wasn't barred!

As for telling them you intended to adjust status... Whoever told you to do that was seriously misinformed. It's illegal to enter as a tourist if you intend to adjust status. Since you were honest about it and were just denied entry, it shouldn't be any big deal though.

This may be specific to Canadian visitors, but travelers from VWP countries always need a B-2 visa to enter if they have previously been denied entry - Does it work the same way for Canadians?

Canadian's do not need a B-2 to reenter after a denied entry. They aren't really a VWP country, more like a mutual agreement with the US. Canadian's are allowed to stay in the US to visit for 180 days with out a visa. It's ultimately up to the CPB officer whether they are allowed in or not after a denial.

It really isn't a big deal, it probably won't affect your CR-1 at all, but in this case it's best to throw all your cards out on the table and not have a surprise later.

USCIS- 260 Days

6/8/11~ Mailed I-130 Application, withdrew Canadian PR application
6/16/11~ NOA1 email and text message Case routed to CSC (Priority Date)
7/12/11~ The 'Money Order' Incident/Returned to Tennessee
8/03/11~ TOUCHED!
3/2/12~ APPROVED! NOA2!

NVC Electronic Processing- Montreal- 19 Days

3/21/12~ Received case number & IIN 20 Days after NOA2
3/21/12~ Sent in opt-in email
3/22/12~ Opt-in accepted
3/23/12~ DS-261 Submitted, never accepted
3/29/12~ AOS bill invoiced and paid
3/30/12~ AOS shows PAID- AOS Package emailed/received, DS-3032 emailed/accepted
4/2/12~ IV bill invoiced and paid
4/3/12~ AOS Checklist documents emailed(first time)
4/4/12~ IV shows PAID- DS-260 submitted/ IV Package emailed/received
4/4/12~ AOS Checklist documents sent again for CYA (second time)
4/5/12~ IV package accepted! No Checklists!
4/6/12~ AOS Checklist emailed(third time)
4/9/12~ AOS packet accepted (finally)
CASE COMPLETE!!

Interview 354 days from NOA1/ 362 days from initial filing date
5/29/12~ Medical@ Medisys, Montreal
6/4/12~ Interview APPROVED!!!
08/07/2012~ POE Emerson, MB/Pembina, ND by land
08/09/2012~ HOME!! 424 days from initial filing date!
08/14/2012~ SSN Received
09/10/2012~ Received Green Card

 
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