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user54321

b2 cancelled without just cause. any options?

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My gf entering from Colombia yesterday for a visit of 70 days was pulled aside for in depth interview. She told them the truth, was coming to visit me and my family. She has made 2 trips here in the past. The last was aug. 2017. she returned to Colombia Jan. 2018. 5 months, no overstay.  Before that was one month in 2016. CBP CANCELLED her visa and returned her to Colombia. They wrote across the face in ink cancelled several times. They said she violated the terms of her visa because she was living here. In the past 2 years she was here a total of 5 months. that is not living here!!  IS THERE ANYTHING I CAN DO? Have a review or an appeal for example. We/She have not done anything wrong or contrary to the terms of the visa.

no haters please. we are devastated. A visa from Colombia is very difficult to receive. They told her she could apply for another but I feel that would be a waste of time and money.

 

and to address my other post before I get questions...…. It was a curious question because she ask if she could clean houses of family members while she was here.

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To answer your question, a visitor to the US via a B2 can NOT do any kind of work....period.......


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

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Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

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  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
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  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
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Just now, user54321 said:

that question was answered. thx.

 

She can apply for another B2, but there is no chance of success.....imo.  I think there is more to the story than what you posted in this thread.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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5 minutes ago, missileman said:

She can apply for another B2, but there is no chance of success.....imo.  I think there is more to the story than what you posted in this thread.

If there is more I am not aware of it

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14 minutes ago, user54321 said:

IS THERE ANYTHING I CAN DO? Have a review or an appeal for example. We/She have not done anything wrong or contrary to the terms of the visa.

YOU can do nothing at all.  It doesn't concern you.  She can apply for another visa, but there is no appeal at all........It takes ONLY suspicion by the CBP officer.....and BAM!...her visa is gone.........did she ask them about working?


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Just now, missileman said:

did she ask them about working?

I had already told her she couldn't work. I only ask the question to be sure.
No. she said they ask her if she had worked during her last visit and she told them no. Nothing else was said about it.

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7 minutes ago, user54321 said:

I had already told her she couldn't work. I only ask the question to be sure.
No. she said they ask her if she had worked during her last visit and she told them no. Nothing else was said about it.

Hmm.....if she told them that she has a BF/GF in the US, then that would be grounds for suspecting she might have intent stay in the US and adjust status.....which is illegal.....

 

This, in itself, should have no effect on a K-1 or a CR-1 since the intent is to enter the US and adjust status..

@Roel, your opinion, please.

Edited by missileman

"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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4 minutes ago, missileman said:

Hmm.....if she told them that she has a BF/GF in the US, then that would be grounds for suspecting she might have intent stay in the US and adjust status.....which is illegal.....

 

This, in itself, should have no effect on a K-1 or a CR-1 since the intent is to enter the US and adjust status..

@Roel, your opinion, please.

No idea. Probably depends on all the possible lies on the application and/or when talking to the cbp.


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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3 minutes ago, missileman said:

Hmm.....if she told them that she has a BF/GF in the US, then that would be grounds for suspecting she might have intent stay in the US and adjust status.....which is illegal.....

while I concur this might raise suspicion, she was told her visa was cancelled FOR LIVING IN THE US. which is not true.

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CBP officers are also human at the end of the day and sometimes go by that gut feeling and deny visitors entry when they believe otherwise. The unfortunate part is once done that’s it, there’s no appeal process.

 

Her only recourse will be to apply for a new B-2 visa which will be an uphill battle to get after denial of entry. You’ll have to be visiting her in Columbia for a while or meeting in a third party country much closer.

 

If you guys ever decide to take the relationship to the next level then there’re options for spousal or fiancé visas to permanently immigrate to join you provided you’re a U.S. citizen or lawful permanent resident.


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1 minute ago, user54321 said:

while I concur this might raise suspicion, she was told her visa was cancelled FOR LIVING IN THE US. which is not true.

Doesn't matter. They thought she was or intended to. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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3 minutes ago, user54321 said:

while I concur this might raise suspicion, she was told her visa was cancelled FOR LIVING IN THE US. which is not true.

That is subjective.....and their opinion is all that matters.......it's all about suspected intent.


"Experience can be a tough teacher to those who fail to heed good advice"- Missileman, 12/6/18

"Only a fool would fail to heed the advice of someone who has walked in his shoes"- Missileman, 2/8/19

"What I am to be, I am NOW becoming"- Benjamin Franklin

First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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