Jump to content
jaffar

Refused entry 2 times German Passport

 Share

37 posts in this topic

Recommended Posts

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

Your post needs lot of clarification and details, first are you USC?

Second, she entered US first time on VWP were you married when she entered on VWP?

Did she intend to live with you when she entered on VWP during her first visit?

Once she entered and had a kid, why did she not return to Germany immediately?

Link to comment
Share on other sites

Filed: Timeline

Your post needs lot of clarification and details, first are you USC?

Second, she entered US first time on VWP were you married when she entered on VWP?

Did she intend to live with you when she entered on VWP during her first visit?

Once she entered and had a kid, why did she not return to Germany immediately?

yes i m US resident

She came to US first time in 2002 at that time she was pregnant ..... because of some complication she couldn't go back to Germany as her doctor advise her not to travel. so she had overstayed her visa of 3 months. Now after 1 year of my daughter's birth my wife and my daughter went to Germany for a while. So when they came back then she was refused for the first time. Please keep me posted and thanks for such a quick response.

Your post needs lot of clarification and details, first are you USC?

Second, she entered US first time on VWP were you married when she entered on VWP?

Did she intend to live with you when she entered on VWP during her first visit?

Once she entered and had a kid, why did she not return to Germany immediately?

yes i m US resident

She came to US first time in 2002 at that time she was pregnant ..... because of some complication she couldn't go back to Germany as her doctor advise her not to travel. so she had overstayed her visa of 3 months. Now after 1 year of my daughter's birth my wife and my daughter went to Germany for a while. So when they came back then she was refused for the first time. Please keep me posted and thanks for such a quick response.

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

She is not eligible to use the VWP.

She is unlikely to get a B2 Visitor Visa, but she can always have a go, you never know. She will also need a NIW, they seem to be taking 4 or 5 months to process, if the Consulate wish to recommend one.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Timeline

yes i m US resident

She came to US first time in 2002 at that time she was pregnant ..... because of some complication she couldn't go back to Germany as her doctor advise her not to travel. so she had overstayed her visa of 3 months. Now after 1 year of my daughter's birth my wife and my daughter went to Germany for a while. So when they came back then she was refused for the first time. Please keep me posted and thanks for such a quick response.

yes i m US resident

She came to US first time in 2002 at that time she was pregnant ..... because of some complication she couldn't go back to Germany as her doctor advise her not to travel. so she had overstayed her visa of 3 months. Now after 1 year of my daughter's birth my wife and my daughter went to Germany for a while. So when they came back then she was refused for the first time. Please keep me posted and thanks for such a quick response.

I imagine the 'complication' was she wanted to have the baby at U.S. taxpayer's expense....

Link to comment
Share on other sites

Filed: AOS (apr) Country: Denmark
Timeline

yes i m US resident

She came to US first time in 2002 at that time she was pregnant ..... because of some complication she couldn't go back to Germany as her doctor advise her not to travel. so she had overstayed her visa of 3 months. Now after 1 year of my daughter's birth my wife and my daughter went to Germany for a while. So when they came back then she was refused for the first time. Please keep me posted and thanks for such a quick response.

Are you're saying she overstayed her VWP in 2002 when she was pregnant? Then stayed in Germany for how long before trying to re-enter?

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

Link to comment
Share on other sites

  • 2 weeks later...
Filed: Timeline

I imagine the 'complication' was she wanted to have the baby at U.S. taxpayer's expense....

I wouldn't make that assumption. German citizens can have babies on German taxpayer money at an equally good hospital in Germany with no bill in the mail plus paid maternity leave. It would have been a lot more expensive for her to give birth in the US.

The Germans make BMWs and Porches, I'm sure they have good standard hospitals too.

Her major mistake was trying to enter a second time on the VWP after the overstay.. To qualify, she would have had to check "no" to previous overstay on either ESTA or the old green I-94W. If the complication was legit, she could have easily gone to the embassy in Germany and applied for a B-2 visa and possibly gotten it considering the circumstances.

yes i am us permanent resident on green card. so do u think she can get a waiver if m not a U.S citizen yet? i will be citizen in 3 years plz any help will be appreciated.

No. If she has been barred for lying she can only get a waiver if she is married to a US citizen. Now.. Being eligible for a waiver and getting one are two very different things. It depends on the charge, but for a misrepresentation, you'll basically have to prove extreme hardship to yourself if she can't come live with you in the US, and you have to provide some good reasons for why you absolutely cannot go live with her in Germany.. And you can only do that if you're a US citizen. I would seek consulatation with a lawyer if I were you.

Edited by jaejayC
Link to comment
Share on other sites

Filed: Timeline

My wife came to U.S. first time in 2002 as she has a German passport so she didn't need a visa to travel to US under Visa Waiver(VWP) at that time she was pregnant ..... because of some complication she couldn't go back to Germany as her doctor advise her not to travel. so she had overstayed her visa of 3(VWP)months and she over stayed for 1 and half year. Now after 1 year and half of my daughter's birth my wife and my daughter went to Germany for a while. So when they came back after 4 months or so she was refused for the first time.

and they put this stamp: on her passport

REFUSED

Per 8 CFR 217.4(b)

charges: 212a7AI

I am not sure if it has something to do with my daughter as she was born in US?

Then she tried to enter second time on a fresh passport but she was refused again they wrote in her passport like this: with pen

Refused

8 CFR 217.4(a)(1)

and made her sign a writen statement in which stated that she lied, that she was never been refused entry into the US before.

Can someone plz help me to this matter I will realy appreciate your help ..... thanks in advance

by the way I am U.S permanent resident not a citizen yet.... it will be 3 more years b/4 i will be eligible for the citizenship. So what would be the best approach to bring my family to U.S.

Link to comment
Share on other sites

Um, what? Of course she was refused. I am shocked you are surprised. She did not abide by the terms of her VWP entry. She overstayed (by a year and a half!), and is therefore not eligible to use the VWP anymore. Then it sounds like she got a new passport thinking that would solve the problem (big obvious mistake) and then she lied about it and was refused again, this time, not only for having improper documents (she can NEVER use the VWP again) but for lying. So now she has committed material misrepresentation and probably has a 10-year ban (due to misrepresentation as well as overstaying over a year). You and your wife were under the mistaken impression that she can just live in the US under the VWP, stay as long as she wants, and come and go when she pleases, and this couldn't be further from the truth. :wow:

If you are a permanent resident you can file a petition for your wife with I-130, but the wait is around 3 years. You will have to deal with her ban later. I am not sure if a waiver is available for a spouse of a PR.

ETA: Ahh yes, to the below. She could have a lifetime ban for lying.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...