Help! Tourist Visa Cancelled

[caesarea 1]

I don't think you get it: you returning home is not the only important factor in the consulate's mind. The fact that you lied at your interview is just as important to them. You're trying to rationalize it by saying you didn't want them to bother him but it is completely irrelevant. The fact you insisted on your second interview that you have known your husband for 10 years only makes it worse! Now it's clear as day in the CO's mind that it was all planned from the beginning. Had you met a new guy during your 2 weeks stay and decided to marry him, it would actually look better, as in unexpected and not planned ahead.

Anyway, what's done is done and I agree with other posters who advised you to file for a CR1 and get a lawyer, but with your husband's LPR status and the fact you'll most probably need to file a waiver after the interview, you going back to the US is not going to happen any time soon.

You can apply for a B2 again. But now that you've been flagged for misrepresentation, and you're married to an LPR, your chances are close to zero. If I were you I wouldn't even waste money on the fee.

Yep - i will leave it as it is. No more applying, its very stressful each time and I understand why they cancelled the visa, but I dont fully accept it. So since I cant do anything, I'll just go with what happened.

well if i went with the 2 weeks thing (met a guy and married him) i guess it will also be suspected of fraud - it cuts both ways, it doesnt go anywhere lol.

Too much thinking of this and I think its time to move on. CR-1 is for spouse of USC so I cant use that. This is just a very unfortunate event, and its funny that I wished i just stayed illegally. But i didnt. Lol.

[caesarea 1]

wow..i never knew they call people back for re-interview. that crazy. so what basically happened was that - your arrival and departure information was sent to the consulate? if your husband didn't file any petition on your behalf, were you only called back because you told them you were visiting for 2 weeks and stayed for 3months?

there are lots of people who stay beyond their original intended length of stay for several months. so do they call everyone who had stayed long than the duration he\she stated on the application for re-interview?

when you had your first interview, did they ask you to report back at the embassy when you come back the US and you didnt? i know someone from Ghana who was asked to report back at the embassy after he returns from the US.

this is really interesting.

yes it is very weird indeed. immediately after i received the email for a re-interview, I googled everything and I never saw an article about being re-interviewed after visa was issued and journey was performed. But i guess it is for the better, because I was planning to go back in July for my bday, and if the visa cancellation was done in the POE, it will be much harder.

I guess they did a random check and unfortunately they chose my name. They did not ask me to report to any embassy once I got into the US.

[jarta 24]

yes it is very weird indeed. immediately after i received the email for a re-interview, I googled everything and I never saw an article about being re-interviewed after visa was issued and journey was performed. But i guess it is for the better, because I was planning to go back in July for my bday, and if the visa cancellation was done in the POE, it will be much harder.

I guess they did a random check and unfortunately they chose my name. They did not ask me to report to any embassy once I got into the US.

maybe someone told them about your marriage? or its a random picking and you were the "lucky" one? this is just really strange!

[Julie y Pat 67]

Being called back unexpectedly to the embassy for re-interview seems unusual. Being denied a future B2 is expected, required really, because you have a spouse in the US. Your husband is your strongest tie, and he lives in the US, and may only be an LPR right now and not a USC, but he is still your strongest tie. No amount of ties to your home country can overcome this. Coming home before you overstay is what you are supposed to do, doesn't really help to show ties to your home country. The CO is pissed off because he feels he would have denied your visa application had you disclosed the true nature of the relationship with your "then ex-boyfriend". He wasn't just someone you dated years ago, and all you know is that he lives in the US somewhere. You said you've known him since 2000, and have been in a relationship since 2007, and only broke up for a few months, during which time you applied for a visa claiming you didn't know anyone in US. The CO said he would contact you to let you know if there was a ban, I think he hasn't decided yet, but if it is decided you do have a ban, it will be a lifetime ban for material misrepresentation. It might be of benefit to you that your husband only recently became an LPR, the CO knows it will be years before an approved petition from your husband will result in an IV interview for you. 214 makes you ineligible until that happens, almost like a ban.

[Noah Lot 387]

Today, the VOs have easy access to travel records...they can look up how long a person stayed...when you (the OP) claimed 'two weeks' (total nonsense) and stayed 3 months, somebody lied ( and it was not a VO!)...then, two weeks later....voila....you get married....to somebody you already knew, but lied about actually knowing!! So why would any VO believe a single word you say now???? What basis do they have for believing you? None. Way too many 'coincidences'....and no attorney can change the VO's perception....ever.

Your LPR spouse can file for an F2A (NOT a CR1, which is for spouses of US citizens)..which may be approved quickly, won't be valid for visa purposes for a few years (around 3, on average)....a tourist visa? Not a chance.....it's far too late to go back and conjure up some new excuses about why or how you 'forgot' to mention your BF, and to try and explain away the astonishing one in a million chance that he showed up at the airport, at the very moment you cleared customs, and even more amazingly,proposed marriage, which you, even more astonishingly, accepted, yet tried to explain away as just an oddity that was completely random....no one with an ounce of common sense would believe this story...so expect to stay put for a while, and apply for an immigrant visa in about 2-3 years....a tourist visa is out of the question.

Edited April 5, 2012 by Noah Lot

[Laure&Colin 280]

Yeah sorry, got confused with the visa names, that's F2A, not CR1.

[Olomi_811 130]

This is just a very unfortunate event, and its funny that I wished i just stayed illegally. But i didnt. Lol.

You could have stayed illegally. Would you rather be deported after some years and you've started a family or have a chance at doing things the proper way without living in fear? It does appear that someone reported you, but you brought that on yourself and created a solid case to lose your B2 PRIVILEGE. Now you ask for help from people who aren't going to encourage misrepresentations while we are waiting months and some cases years to be with our spouses.

[TedM 9]

CR-1 is for spouse of USC so I cant use that. This is just a very unfortunate event, and its funny that I wished i just stayed illegally. But i didnt. Lol.

Yes, you are correct. CR-1 is for USC.

However, you could still submit I-130 to USCIS to start the process for an F2A I believe. However, it usually takes a little longer for USCIS to process (right now I believe they are processing June, 2011 petitions for LPR I-130s), then you have to wait for a visa number (unlike with USC spouse visas).

It's unfortunate. You should have done research before getting married, knowing it would involve visa/immigration issues. But...woulda coulda shoulda. Unless your husband is thinking of moving back to the Philippines, if you two want to be together, either you or he should consult an immigration attorney. Probably better he does in the U.S., but make sure to get a reference. There are, unfortunately, some U.S. immigration attorneys who are too willing to take advantage of people like in your situation. Maybe some people on the boards here could help; I don't know of any myself.

I wish you luck.

[mishab 1]

While back someone posted a reply to my question on whether we should get married in the US, while my fiancée was staying with me on B2 visa. The volume of answers we got suggested not to get married here, as it can potentially complicate things in the future (now the past). Since my fiancée was required to return home regardless of us getting married, we decided to wait and have her fly back home and for me to apply for the k1 visa.

[Boiler 43,452]

Really?

Most odd.

[Harsh_77 716]

While back someone posted a reply to my question on whether we should get married in the US, while my fiancée was staying with me on B2 visa. The volume of answers we got suggested not to get married here, as it can potentially complicate things in the future (now the past). Since my fiancée was required to return home regardless of us getting married, we decided to wait and have her fly back home and for me to apply for the k1 visa.

I would agree with Boiler, most who know the system and are regular poster on here would had said you oculd had married while on B1/2 and then returned home with no problems at all.

It is not illegal and it works perfectly and has been done by lot of people in past.

[Noah Lot 387]

I would agree with Boiler, most who know the system and are regular poster on here would had said you oculd had married while on B1/2 and then returned home with no problems at all.

It is not illegal and it works perfectly and has been done by lot of people in past.

One can legitimately marry while in the US with a B2 and return home to await the immigrant visa...perfectly acceptable, but in real life, comparatively rare occurrence.

[Boiler 43,452]

My assumption is that most just stay.

[Noah Lot 387]

My assumption is that most just stay.

and that is true...('we miss each other sooooooo much!')....so few people actually do this but act put upon if they are sent home or their visa is cancelled...but the track record overall is poor at most....I would guess fewer than 1% of 'tourists' who 'fall in love' moments after clearing customs return to their own country and await the immigrant visa.

[LIFE'SJOURNEY 970]

and that is true...('we miss each other sooooooo much!')....so few people actually do this but act put upon if they are sent home or their visa is cancelled...but the track record overall is poor at most....I would guess fewer than 1% of 'tourists' who 'fall in love' moments after clearing customs return to their own country and await the immigrant visa.

Hi Noah,

I often wonder how do someone who comes to the US on a tourist visa who happens to fall heel over in love within 90 days, just leaves everything they have at home (job, family friends,living space etc. Without the possibility of being able to go back o their home for at least six months. I am just amazed at the number of people who falls in this category. Their orginal trip was just to travel to the US for a visting trip. How they are able to put their life in someones hand that they just met 90 days ago. I often wonder about this.

My comments has nothing to do with this OP's issues. I was just thinking out loud.