Do we need a waiver?

[EliseRR 4]

When my wife last visited the States a year ago. She had a tourist visa. Immigration officer asked her why she came to the States and she answered to visit a friend. Actually we were married 6 months ago overseas so later officer found out that we were actually married. Therefore they denied her entry and have her voluntary revoked her tourist visa. Our case is at NVC now as interview is approaching we are nervous about wheather consuler will deny her VISA due to mis-representation. Is it a "mis-representation", BTW?

[EliseRR 4]

BTW, the code to revoke her visa is 22CFR41.122(h)3

[pieroot 43]

Well, I think your wife should be okay, just tell the consulate at the interview what happened and they denied her entry, I think she'll be okay anyways since you guys trying to do things the appropriate way. I think they would understand that she was trying to visit you while waiting for this whole visa process to be completed. Good luck to you.

[Ebunoluwa 6,136]

22 CFR 41.122(h)(3)

(h) Revocation of visa by immigration officer. An immigration officer is authorized to revoke a valid visa by physically canceling it in accordance with the procedure prescribed in paragraph © of this section if:

* * *

(3) The alien is notified pursuant to INA 235(b) by an immigration officer at a port of entry that the alien appears to be inadmissible to the United States and the alien requests and is granted permission to withdraw the application for admission;

Lying to an immigration officer is a misrepresentation. It is the CO's discretion to grant you a waiver or not. Consult an attorney experienced

in inadmissibility and waivers on how to proceed.

[Noah Lot 387]

When my wife last visited the States a year ago. She had a tourist visa. Immigration officer asked her why she came to the States and she answered to visit a friend. Actually we were married 6 months ago overseas so later officer found out that we were actually married. Therefore they denied her entry and have her voluntary revoked her tourist visa. Our case is at NVC now as interview is approaching we are nervous about wheather consuler will deny her VISA due to mis-representation. Is it a "mis-representation", BTW?

were you married when she applied for her tourist visa? And if so, did she indicate that her civil status was 'single' instead of 'married?'...if so, that might be construed as having committed fraud in order to have obtained the tourist visa...the fact that it was cancelled later is not relevant....if she already had the tourist visa, but was later married and then later denied entry, no harm, no foul.

[EliseRR 4]

She got her tourist visa more than 6 months before we got married. She actually came to the States with me using same tourist visa right after we got married and I even told the immigration officer at the airport about our recent marriage. The guy gave us a kudo and told me to start working on her green card process right away.

However because I was still an LPR so I wanted to wait till I become a citizen to apply for it. When her 6 month entry expired, my wife flew home to stay for 3 months. This time she came back again by herself with same tourist visa and she told the officer she came to visit a friend. The officer actually called me so I told the officer she is my wife. She is then got rejected and voluntarily revoked the VISA and went back home the same day.

This makes us really worried we may need a waiver.

[NigeriaorBust 4,087]

She was denied entry, not a huge thing. She lied to an immigration officer. That could be big. Did they write anything in her passport.