Visitor (B2) visa while under i-130 process (merged)

[YulingZhu 4]

Hello all,

I have a question regarding ds-230 part II question 42(Have you ever been refused admission to the United States at a port-of-entry? (if answer is yes, please explain))

My wife was denied entry at port of Seattle in May, because she and I were married in U.S in Feb. 2013. She was given the option to withdrawl of the tourist visa and was sent back to China. I will sent out my i-130 petition soon, and I was researching how this process works and I found out on DS-230 form question 42, they ask that, what is the best possible way to answer this question?

My answer would be:

42. Have you ever been refused admission to the United States at a port-of-entry? (if answer is yes, please explain)

Yes: We didn't realize i-130 petition was needed to gain entry, we thought all we need is B2 visa and adjust her status when she arrive.

According to my lawyer, she said this is not a big deal as long we answered truthfully. The answer I give above is the truth, is there a better way to articulate the answer?

Thank you,

Yuling Zhu

[NikLR 13,234]

Say yes, she was denied entry because __________.

Did she not show ties? Did they believe she was going to immigrate? Why did they deny her entry? Whatever the reason is, answer truthfully. Being denied isn't a bad thing as long as you're not banned.

[The Mean Lady 604]

You do NOT need an I-130 to gain entry.

They probably just mentioned something about it because they thought she was trying to immigrate.

Like niki said, did she provide ties to her country such as a lease, bank statements, employment letter, etc etc.

You really need to carry these things to prove you'll be returning to your country when visiting somewhere where you have a spouse as that can often be viewed as a huge red flag.

Don't think much of it.

The way you answered the question is definitely incorrect though as her denial was NOT due to having no I-130 filed.

My husband was denied 5+ times entry into the US.

[YulingZhu 4]

Thank you Niki and KDH,

No, she didn't supply any of the documents mentioned above. Thank goodness they didn't bann her....... I guess I need a better answer......

Could this answer work?

"Yes, she was denied because the CBO officer believe she might immigrate since the spouse is in the country and she doesn't have any document to prove strong ties with home country. The CBO officer advised me to file 130 petition to get her back to the country."

[NikLR 13,234]

Yep sounds good to me

[Ryan H 3,894]

Thank you Niki and KDH,

No, she didn't supply any of the documents mentioned above. Thank goodness they didn't bann her....... I guess I need a better answer......

Could this answer work?

"Yes, she was denied because the CBO officer believe she might immigrate since the spouse is in the country and she doesn't have any document to prove strong ties with home country. The CBO officer advised me to file 130 petition to get her back to the country."

It's CBP, not CBO.

Edited July 4, 2013 by Ryan H

[YulingZhu 4]

It's CBP, not CBO.

Thank you Ryan, I'll correct that.

[YulingZhu 4]

You do NOT need an I-130 to gain entry.

They probably just mentioned something about it because they thought she was trying to immigrate.

Like niki said, did she provide ties to her country such as a lease, bank statements, employment letter, etc etc.

You really need to carry these things to prove you'll be returning to your country when visiting somewhere where you have a spouse as that can often be viewed as a huge red flag.

Don't think much of it.

The way you answered the question is definitely incorrect though as her denial was NOT due to having no I-130 filed.

My husband was denied 5+ times entry into the US.

Thank you for the reply:

Couple questions, your husband was denied 5+ times while try to enter the U.S, did he has to withdraw his visa all 5+ times? Also, did the interview officer give him a hard time regarding that during immigration interview?

[The Mean Lady 604]

Thank you for the reply:

Couple questions, your husband was denied 5+ times while try to enter the U.S, did he has to withdraw his visa all 5+ times? Also, did the interview officer give him a hard time regarding that during immigration interview?

I'm from Canada.

No visa is needed.

We just go back.

We also haven't had our interview yet and I would never anticipate a hard time being given as being denied was not a big deal.

Other canadians have been denied lots of times and were never even remotely questioned at interview.

I expect denial after marriage is fairly common.

It's a pretty big red flag if you don't supply enough evidence of return so I really wouldn't think so much into it.

Don't let it keep you up at night, it's really not a big deal.

[YulingZhu 4]

I'm from Canada.

No visa is needed.

We just go back.

We also haven't had our interview yet and I would never anticipate a hard time being given as being denied was not a big deal.

Other canadians have been denied lots of times and were never even remotely questioned at interview.

I expect denial after marriage is fairly common.

It's a pretty big red flag if you don't supply enough evidence of return so I really wouldn't think so much into it.

Don't let it keep you up at night, it's really not a big deal.

Thank you for your reply, it is much appreciated. I hope U.S consulate in China would be this thoughtful, I guess since visa was not needed for Canandians thus there wouldn't be a record of it. Anyways, I just completed my i-130 petition and will sent it out first thing tomorrow morning, I won't worry about it until it is actual DS-230 time :-)

[YulingZhu 4]

Hello all,

Hopefully this is the right forum to ask this question. I am in i-130 petition process to get my wife back to the states and I understand according to U.S. law, she is allowed to coming as a visitor (in theory) as long she can prove that she has strong connection back home and she will leave the country within the date of her visitor visa.

Here is my question, she was sent back to China and volunterliy withdrew her visitor visa by CBP officer in May because she couldn't provide strong connection back home. I understand if she go for a visitor visa again, the chance of her getting one is not with her. But will the visitor visa rejection affect the i-130 process and consulate interview later on?

Thank you

[Merrytooth 5,748]

No, the visitor visa rejection has no effect on I-130 process.

[Ning 619]

Hello all,

Hopefully this is the right forum to ask this question. I am in i-130 petition process to get my wife back to the states and I understand according to U.S. law, she is allowed to coming as a visitor (in theory) as long she can prove that she has strong connection back home and she will leave the country within the date of her visitor visa.

Here is my question, she was sent back to China and volunterliy withdrew her visitor visa by CBP officer in May because she couldn't provide strong connection back home. I understand if she go for a visitor visa again, the chance of her getting one is not with her. But will the visitor visa rejection affect the i-130 process and consulate interview later on?

Thank you

The problem in proving her ties to China is that she is married to a resident or LPR of the USA. USCIS feels her ties change to that person once she enters the USA. That is exactly what they told me. I was denied 3 times. I was also told they would not let me enter if I did somehow reach a POE.

You indicate she was already denied entry once and lost her tourist visa. She will be denied if she attempts to obtain another one.

None of that will have any affect on her future immigrant visa actions.

[YulingZhu 4]

Thanks to your answers, both of you :-)

[YulingZhu 4]

The problem in proving her ties to China is that she is married to a resident or LPR of the USA. USCIS feels her ties change to that person once she enters the USA. That is exactly what they told me. I was denied 3 times. I was also told they would not let me enter if I did somehow reach a POE.

You indicate she was already denied entry once and lost her tourist visa. She will be denied if she attempts to obtain another one.

None of that will have any affect on her future immigrant visa actions.

I am a United States citizen, does that makes a difference on visitor visa?

Thank you for your response