Green Card Holder _ to get my wife back in the USA

[Advani 0]

Hi All, 

Looking for some advice from wise minds here.

I am a permanent resident of the USA, with a decent job and background in the USA.

 

Here is the story of my life:

 

• My wife (to be wife then) visited the USA - July 2016 (on B1/B2 Visa) and returned back in August 2016 (within the I94 stamped period)
• Came to the USA again in November 2016 (on B1/B2 Visa) - I94 again for 6 months
• We got married in January 2017
• I petitioned I130 in February 2017 (priority date)
• She went back to home country in April 2017 (within the I94 stamped period)
• Came back to visit me in the USA in June 2017 (on B1/B2 Visa) - this time she was asked a couple of questions regarding the purpose of her visit where she provided honest answers about her marriage, marriage certificates, photographs and all kind of facts and evidences - end result, she got I94 stamped for 1 YEAR.. yaaayyyy !
• She went back to home country in February 2018 for her sister's wedding
• Returned back to the USA in March 2018 (on B1/B2 Visa) - this time she was denied entry at the port of landing in Toronto basis reasonable suspicion of immigrant intent on B1/B2 visa. Nothing changed from the last 2 times to this situation. Her answers and intentions to come back to the USA were still the same but unfortunately, she got denied entry and her Visa was cancelled.

 

Can I get some feedback from the people out here, what can I do to get her back with me asap. Waiting for the I130 to get approved and then apply for adjustment of status is a process of its own, not sure how long will that take.

 

Thanks  

[Dashinka 24,593]

How much time did she spend in the US vs out of it during a 12 month period?

[Roel 7,192]

There is no aos from spouse visa. 

 

Sorry to break your bubble but you have to wait. Your wife's b2 visa was canceled when she was denied entry and she will not receive another b2. Simply because she was using it too often .

 

Your only option to see each other is when you'll go see her. 

Edited March 28, 2018 by Roel

[George & Roth 1,485]

Isn’t the I-130 near complete if you filed in Feb 2017? As in it takes 12-16 months?

 

So just wait a few months?

[Roel 7,192]

2 minutes ago, George & Roth said:

Isn’t the I-130 near complete if you filed in Feb 2017? As in it takes 12-16 months?

 

So just wait a few months?

He's a green card holder. Takes about 2 years for his spouse visa to be approved. 

[Crazy Cat 41,981]

One could reasonably think your wife was trying to live in the US with a B2 visa, which is misuse.  Her visa is now voided.  I know of no way for her to return to the US until the your petition and the involved process is complete. 

[Cyberfx1024 7,980]

13 minutes ago, missileman said:

One could reasonably think your wife was trying to live in the US with a B2 visa, which is misuse.  Her visa is now voided.  I know of no way for her to return to the US until the your petition and the involved process is complete. 

I agree it looks like that she was trying to live in the USA on a tourist visa which is not allowed and she was spending more time in the country than she was out of the country.

Edited March 28, 2018 by cyberfx1024

[Advani 0]

True, I understand how this was perceived. Still thinking, when she was allowed to re enter last time with a time frame of 1 year, our story was still the same.

 

She stayed for 7 months out of 12 months that she was permitted.

 

I am looking into the option of having her stay in Canada close to the border so that I can meet her on weekends at least.

However, can i get her back to the USA legally right after I130 is approved or will I have to wait till her status is adjusted ?

 

[NigeriaorBust 4,087]

  I didn't think they could issue an B2 entry for more than 6 months.  The one year may have been an error on their part.   No matter when she left earlier than the stamp she basically needed to be out as long as in and coming back after only a month out shows clear intent to misuse the visa.   You are going to have to wait

[Cyberfx1024 7,980]

5 minutes ago, Advani said:

True, I understand how this was perceived. Still thinking, when she was allowed to re enter last time with a time frame of 1 year, our story was still the same.

She stayed for 7 months out of 12 months that she was permitted.

I am looking into the option of having her stay in Canada close to the border so that I can meet her on weekends at least.

However, can i get her back to the USA legally right after I130 is approved or will I have to wait till her status is adjusted ?

She was not deported but just denied entry into the USA. These are totally separate things and you are lucky that she was just denied entry. That means when she has her interview for the I-130 then she will have to explain to the CO what happened and hope she gets approved. Once she is approved with that visa then she can come back to the USA with no problem.

 

Yeah she stayed for only 7 months out of the 12 months they gave her but then she tried to come back almost right away which tipped off CBP that she is more than likely living here and thus they denied her entry. She was rightfully denied entry because she was living here at the time and now she will have to wait a year until her I-130 comes up for an interview in her home country.

[Roel 7,192]

Simple. There is no way for her to come be with you in the USA until she has her visa in hand. 

 

Someone correct me but Canada and USA share immigration records and she has a good chance to be denied entry there also. 

 

You guys screwed up and now gotta face the waiting time, just like everyone else. 

[Crazy Cat 41,981]

10 minutes ago, Advani said:

True, I understand how this was perceived. Still thinking, when she was allowed to re enter last time with a time frame of 1 year, our story was still the same.

 

She stayed for 7 months out of 12 months that she was permitted.

 

I am looking into the option of having her stay in Canada close to the border so that I can meet her on weekends at least.

However, can i get her back to the USA legally right after I130 is approved or will I have to wait till her status is adjusted ?

 

Entry, except for US citizens, is always at the discretion of the officer......an approved I-130 does not grant entry into the US. 

[Advani 0]

@ cyberfx1024

Can all of this affect her I130 approval ?

I understand the interview is after I130 approval ?

[Crazy Cat 41,981]

11 minutes ago, Advani said:

@ cyberfx1024

Can all of this affect her I130 approval ?

I understand the interview is after I130 approval ?

After the I-130 is approved, your case will move to NVC. to wait for priority date.  Then you will receive instructions before the case finally moves to her home country consulate.

Edited March 28, 2018 by missileman

[Cyberfx1024 7,980]

13 minutes ago, Advani said:

@ cyberfx1024

Can all of this affect her I130 approval ?

I understand the interview is after I130 approval ?

Please fill out your timeline and what country this is please. This will allow us to better help you in that regard. It will more than likely be brought up in the interview I bet. Have you even looked in to the I-130 process at all or did you just file the paperwork and not read up on it?

 

Yes, she will have a interview in the country you put down that she is in, the country where she does the interview at she must be a resident/citizen of, and no she can not do the interview in the USA(yes, it has been asked before). She will undergo a medical examination in her country to make she has no communicable diseases and is not a drug addict. Following being approved from that she will have an interview at the US Embassy in XXXX country. They will ask questions like "when did you get married, how long have you been married for", and will want to see pictures of you two together and acting like a married couple. Once she is approved from that and the official visa is put into her passport will she only be able to come back to the USA.

 

Please note that ONLY USCs are able to never be turned away at the POE because we are USCs. The CBP officer will make a determination at her POE wither or not she will be allowed to enter into the USA.

Edited March 28, 2018 by cyberfx1024