shogimatt

I'm just now filing my taxes, and I was stuck in TurboTax when it asks for my wife's SSN. She of course doesn't have an SSN because our I-130 is still pending approval.

I did some research and discovered the W-7 form for getting an ITIN. It was my impression that we needed an ITIN for my wife even if we are filing separately, but the following text appears on the W-7:

I'm not interested in claiming her as an exemption (although TurboTax might have done this for me automatically). I'm more interested in avoiding another long (10 weeks?) stage of paperwork just to get this number. According to the wording on this document, it seems that the W-7 does not apply to spouses who are not claimed as exemptions and are filing separately.

Does anyone have experience with this?

Thank you, as always, for your help!

Matt

2) He says that I don't need any proof of a bone fide marriage until my wife goes for her interview in Japan. However, I usually see that evidence of a bone fide marriage is turned in with the I-130. Is he making a mistake?

Isn't it kind of correct though? A lot of people who have applied didn't give out any proof other than marriage certificate?

I think Pushbrk also started a thread where he questioned about sending proofs while initial filling. Here is that link

No, not correct. When Pushbrk started that thread it was just after the requirements for bonafide proof of relationship changed (around March-ish 2007), with regard to filing the I-130 - some people missed including it in the months that followed (by downloading the older form - us included) and they were apparently letting it slide. I don't think that is the case anymore.

I would have to agree with him on skipping the K-3. Actually, your attorney must be quite honest, as they can make more if you go the K-3 route, as there is so much more paperwork.

Thai Mom

He is honestly a bad immigration lawyer. I would recommend you look for another lawyer, if in fact you need one at all. You have only been for the initial interview and he has made two glaring errors, go while the getting is good and good luck to you.

Thank you for your advice. I'm going to talk it over my wife and explain to her the benefits of DCF.

Part of this is trying to find a stress-minimizing journey for the both of us. I had thought that getting a lawyer and doing the process here in the US would be better, as we could get it out of our hands as soon as possible.

Now, I'm thinking that this lawyer is one more thing to worry about in the process, and that we'll be nervously checking various websites and making phone calls for the next few months to see if our I-130 is approved--instead of spending a relatively stress-free 6 months together in Japan, preparing our perfect DCF case with the help of this forum.

I found this on the embassy website at http://tokyo.usembassy.gov/e/visa/tvisa-i130mar22.html :

So, it appears that the requirement is indeed a continuous stay!

I posed this question in: http://www.visajourney.com/forums/index.ph...t&p=2461071

But it occurred to me that this forum is the appropriate one.

Thank you for your help, I find that this forum is truly a life-saver.

Sure DCF is faster but if he has to fulfill the 6 month residency requirement first, then file.. depending on how quickly the process is there (say 3-4 months) wouldnt that still take about 9-10 months total...

Isnt that about the same as doing a regular CR1?

The question of DCF versus CR-1 has been a big question for us. The requirement is 6 months for Japan... and our worries center around whether or not these 6 months need to be continuous.

I tend to get sick in Japan (they don't use central heating in the winter or air conditioning in the summer where she lives), and we're worried that I'm going to have to go back to America at some point for some odd reason, which would void the time I've spent there up until that point.

Aside from the need to continuously live in Japan for 6 months, the DCF seems better: less money, less time spent waiting while the visa is processing, no need for a lawyer. Also, it seems like it would be easier to prove our marriage is real because we'll have been living there for 6 months together.

And, I want to reiterate to all of you how thankful I am to have your support and your help!

2) He says that I don't need any proof of a bone fide marriage until my wife goes for her interview in Japan. However, I usually see that evidence of a bone fide marriage is turned in with the I-130. Is he making a mistake?

Isn't it kind of correct though? A lot of people who have applied didn't give out any proof other than marriage certificate?

I think Pushbrk also started a thread where he questioned about sending proofs while initial filling. Here is that link

In their case they are talking IR-1 this implies having been married for MORE than 2 years, during that time they should have developed evidence of a bona fide relationship. This becomes a bigger factor the longer the couple have been married.

We got married this year, so we've only been married a few months. Does that mean we're actually applying for something other than an IR-1?

Hi!

My wife and I have decided to use a lawyer to help us with our journey. The lawyer we're using has told me three things which have seemed strange to me:

1) He says that the I-130 approval time is 4~6 months for Japan, and so I should just go for the IR-1 and not the K-3 in order to save work and money. That time estimate doesn't include the interview following approval, right?

2) He says that I don't need any proof of a bone fide marriage until my wife goes for her interview in Japan. However, I usually see that evidence of a bone fide marriage is turned in with the I-130. Is he making a mistake?

3) I plan to move to Japan and live with my wife while we're waiting for her visa. I noticed that the IR-1 requires a residence in the US. Will living with my wife for the 6 months ~ 1 year while her visa is processing disqualify me from the IR-1 visa?

Thank you, everyone, for your help. I can't tell you how much this forum is supporting us through our nightmare.

POE officers AREN'T very knowledgeable about bans. . . and if they are then they don't tell the truth. Ours told my husband we'd have no problem, just file for a visa, what a laugh.

Find out what you can. Without the paperwork, it is hard to tell. . .with the accusations you say they made, it could be anything.

I guess it's a ####### shoot.

I'm going to do some recon. I have the feeling that we're going to find out the full extent of the situation at an inopportune time.

Thankfully, we can live together in Japan while we go through this process.

Thank you for your help, and I really wish the best for you and your husband!

Two possible ways to find out what they actually had her sign/charged her with. FOIA request from the POE:

http://www.cbp.gov/xp/cgov/admin/fl/foia/ or and FBI fingerprint records check

http://www.fbi.gov/hq/cjisd/fprequest.htm

The FBI records check takes less time, but is not guaranteed to have the information you need. . .the FOIA can take a long time. You can try calling the POE, though it will take a bit of maneuvering to get the info. if they'll even give it to you.

My apologies for jumping the gun. . .you quoted those laws and I read that this was what they had told you they charged her with. It is very possible it is nothing. . . .unless they did charge her with Misrep since they accused her of lying. They were supposed to give her copies of the forms.

Did they fingerprint her (all five)?

Photograph her(did one of the forms she had to sign have have her photo on it?)

Did they write the code 212a(7)a or 212 a (6)c anywhere on her paperwork?

Do you happen--long shot--to remember any of the form numbers that they made her sign?

Yes, they took fingerprints of all five of her fingers and took her picture.

But, unfortunately, we're really not sure what she signed.

I asked the officers numerous times if she would be able to come on a spouse visa, and they never mentioned a lifetime ban or anything like that.

Well, a phone call can't hurt. Maybe the just made a mistake and didn't give her the paperwork.

I am so sorry.

PM Obamo (MENA forums) on here. I think her SO recently had the same thing happen (earlier this year?). She has done extensive research and is fighting it.

Thank you! I'll give Obamo a shout.

He said Misrepresentation himself. Also, they don't write the Misrep code, necessarily, in the passport. . .sometimes they don't even write any code in the passport. . .but trust me, they know as soon as they scan the passport or take the fingerprint.

It's nice to wish the best, but from the scenario he described, he's going to have to file the waivers.

Just to clarify, I got the word "misrepresentation" from reading the immigration law itself. The officer mentioned that she answered incorrectly about her prior visa refusal, but he didn't say "I'm charging her with misrepresentation, and this means that she has a lifetime ban that can be overcome with a waiver..."

I think that we're going to have to find out what the charges are somehow. I wonder if I can just call the POE and ask?

Also, what is meant by "expedited removal"? Given that they wrote 8 CFR 217.4 on her passport, it seems like she was removed according to the plain-old VWP guidelines.

One thing to keep in mind, WAIT for it to come up at the visa interview.

You can only file a waiver at the request of the interviewing officer not before.

I seems that's what we'll have to do. We'll just have to keep our heads on straight and not worry until then.

Although, I'm contemplating calling a lawyer to find some way to verify there isn't a ban or serious offense on her record...

Could the (o) actually be a ©?

What did they say about her misrepresentation when she was denied? Did she sign anything as such?

Well, they just said that she didn't mention her earlier having been refused a visa. I don't know if they chose to turn that into the kind of misrepresentation charge that would cause us problems down the road.

We're not really sure what she signed. Is there a way to find out? I think maybe the (o) is meant to be a (c ). It's most definitely an (o) as written on her passport, though.

I've heard that when people have offenses that involve bans or other penalties, they often get handed a waiver of ineligibility and are told they need to file it when they apply for a visa. She was not handed one of these.

Thank you for your help!

Hey! I was wondering if they stamp any code on her passport ... that should tell u what she's been charged for...I was denied entry too and they just stamp WITHDRAWN 212( a ) on top my B1/B2 Visa but differently from your fiancee they gave me a copy of form 235(b )(1)...what they told me is that I won't have problems to go back with K1 or K3 Visa and I think that if she was just deny entry it will be the same for u. Btw I can perfectly understand what she's been trought...I wish u good luck!

Hi!

The code was 8 CFR 217.4 (o)(1). The (o) section doesn't exist in section 217.4, but the entire 217.4 basically just says that people can be removed if they are inadmissible under section 212. So, I'm guessing this means that they wrote no specific offense on her passport, just a statement saying basically, "We're removing you."

Would we know somehow if they had accused her of a specific charge like misrepresentation that carried with it a serious consequence?

Thank you for the input, and I wish you the best of luck.

The numbers they wrote in her passport where they stamped the denial will give you answers. They are a series of numbers relating to the "offenses".

A denial will NOT have a negative effect on your immigrant visa. The best one, so I here is the CR-1. K3 isn't so good. Do some reading and asking questions, before you throw $$ at a lawyer.

Good luck to you both.

Thank you!

The numbers that were written are:

8 CFR 217.4 (o)(1) ... and then her alien number

I looked up section 217.4 and it looks like (o) doesn't exist, but (c ) does. The paragraph reads:

(c )(1) Removal of inadmissible aliens who arrived by air or sea. Removal of an alien from the United States under this section may be effected using the return portion of the round trip passage presented by the alien at the time of entry to the United States as required by section 217(a)(7) of the Act. Such removal shall be on the first available means of transportation to the alien's point of embarkation to the United States. Nothing in this part absolves the carrier of the responsibility to remove any inadmissible or deportable alien at carrier expense, as provided in the carrier agreement.

Unless there is actually a (o) section, it seems that all that was written on her passport was that she is being removed at her own expense because she is inadmissable.

This doesn't say anything about her (possible) "misrepresentation". Does this mean that she wasn't charged as such?

Thank you for your help. This forum really is a great place...

Hey am sorry to hear you note i was in the same boat, i had travelled to be with my Fiance in USA a few weeks ago, naively we had not read to much of VISA JOURNEY(we have now) i had planned to come over on the travel visa for 80 days and return in the new year, i was also stopped and denied entry and was told the same i would NEVER be able to enter the country under this travel visa again due to me being denied entry, they did explain to me the process of the visa i needed to apply for and that it would not effect our application, i know right now beleive me how stressful it can seem but what to do is apply for the correct visa and take it from there we did and are waiting to hear back. good luck Liam & Kara

It's really great (although saddening) to hear that this has happened to others. Good luck to you!

One question: did they give you any paperwork?

I'd be concerned about the material misrepresentation issue. She lied when asked if she'd been denied a visa before. "I forgot" is not an excuse. I'd ask about this in the waivers forum.

Thank you! I have posted this in the waivers forum as suggested:

http://www.visajourney.com/forums/index.php?showtopic=160801

I discovered this forum as a result of my previous post on the K-3 forum:

http://www.visajourney.com/forums/index.php?showtopic=160674

My wife was detained on attempt to enter the US under the visa waiver program. The officers gave a variety of reasons for the denial and had her sign a variety of papers, of which she wasn't given copies.

Given her emotional state after ~8 hours of questioning and the fact that she isn't an English native speaker, we're not really sure what she signed and how it might be used against her in the visa process in the future.

One line in the eligibility code that concerns me:

( C) Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

We had forgotten about a tourist visa application that was refused earlier in the year, and when she was entering she didn't mention it on the paperwork. They found that she had in fact been refused a tourist visa using their computers, and this was used as one of the many reasons to deny her entry on the VWP. I'm not sure if they claimed a willful misrepresentation or not...

Another paragraph that concerns me:

( A) Certain aliens previously removed.-

(i) Arriving aliens.-Any alien who has been ordered removed under section 235(b )(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

The only time she was "removed" was when she was denied entry under the VWP. Does this count as removal?

Is there a way to figure out if these apply to our case? or to find out what exactly she was charged with and what is on her record?

Are these offenses that we can waive using the waiver of ineligibility?

Thank you! I greatly appreciate your input.

Ok first, what makes you think your wife was charged with misrepresentation? Did she sign anything when she was denied entry? Did the officer say she was being charged?

Was your wife ever ordered to be removed from the Untied States?

My wife was never ordered to be removed from the US, aside from the denial of entry. But I assume that isn't what you mean by "ordered to be removed"?

She signed all kinds of paperwork without fully understanding them. Given that they questioned her for around 8 hours, that she isn't a native English speaker, and that I think she was terrified out of her mind, it's hard to say exactly what the charges were. They most definitely told her that she misrepresented her previous visa refusal, but I'm not sure if they also charged her with misrepresentation and made her sign a paper to that effect.

Is there a way to find out what they had her sign?

It would have been wise to familiarize yourselves with the guidelines, standards, and requirements for entry.

Start here:

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

I noticed a couple of things:

( C) Misrepresentation.-

(i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

and

( A) Certain aliens previously removed.-

(i) Arriving aliens.-Any alien who has been ordered removed under section 235(b )(1) or at the end of proceedings under section 240 initiated upon the alien's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of an alien convicted of an aggravated felony) is inadmissible.

It seems that these two apply to my wife. The first one, misrepresentation, was not intentional on her part, but I think that it's on her record.

This seems to mean that we will need to file a waiver of ineligibility. Has anyone had experience with this?

Thank you!

It would have been wise to familiarize yourselves with the guidelines, standards, and requirements for entry.

Start here:

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

You're right. Trust me, we're much more familiar now

My wife was denied entry on the Visa Waiver Program shortly after we got married. I posted about this previously in another thread:

http://www.visajourney.com/forums/index.php?showtopic=157577

My wife was detained alone, and so I didn't get to hear what they said to her. Given her emotional state at the time and that she isn't a native English speaker, it's no surprise that we don't have a clear understanding of what they "charged" her with, and what the consequences are.

They had her sign many papers, and didn't leave her with any copies. Is there a way to find out what happened and what it means for her visa chances?

I've been told on this forum that a denial of entry under the VWP will not influence our chances of getting other visas like the K-3 or the green card. However, my wife remembers them telling her that she couldn't come back on the VWP for the rest of her life (I seem to remember them saying that this would only last for five years, although by this point I've read so many cases that I can't trust my own memory on her case), and sometimes she thinks they told her that she could never come back on any visa at all (they never told me this). They also told her there were 7 reasons why she was being denied, ... I'm not sure if they were "serious" offenses, or if they were just dotting their i's and crossing their t's in order to send her back to Japan legally.

There is one thing that makes us worry a bit. A while ago, she tried at the embassy in Japan to get a tourist visa to visit for 6 months (oh how innocent we were). That was, of course, denied, and we forgot about it and started meeting under the VWP. When she was detained this last time while attempting to come in on the VWP to visit, she (and I) had completely forgotten about her earlier attempt to get a bona-fide tourist visa. The officers told her she had lied about not having been refused a visa before, and this was one of the strikes against her.

Thank you for reading this long post. My basic question is: can we find out somehow what the effects of her denial of entry (and her previous tourist visa refusal) are? Or is it just that denial of entry under the VWP is never a serious mark against you in the K-3/DCF process?

Thank you guys for the response.

It's looking to me now that the best way might be to live in Japan for 6 months and go DCF. Otherwise, I need to get my parents involved in shuffling paperwork back and forth to me in Japan, and it just seems like it will introduce unneeded stress without really speeding up the visa process.

Thanks again!

My wife and I are trying to find some way to live together while we complete the K-3 visa process. I am living in the US and she is living in Japan.

Is it possible to file the I-130 in the US, then move to Japan to live with her, and then complete the paperwork in Japan, mailing it to the same US processing center?

Is it better to move to Japan and live there long enough to qualify for DCF instead?

Thank you for your help.

After four visits, and one of those visits you were married, I'm surprised you haven't filed paperwork already for a K-3. If you're thinking of going to live in Japan, one of the things you might want to look into is seeing if you can DCF to the US. How long does it take to have the government there consider you are "resident". What are you going to use as your financial means if you go over and live with her for up to a year while this is being processed? Do you have a residence in the US where your mail can come, and can easily be sent over to you for follow-up?

Her denial won't be held against her at all. Many people going through a K type visa have been denied for coming too often, or not having enough ties to their home country(should have employment letter, banking information, lease agreement etc.). Maybe she didn't have enough ties to Japan? I'd wonder too if at the border and I was an official and she said you two were married, and no immigration paperwork had been submitted yet. It might look without further questioning that you were getting her to come over here on a visit, and just trying to adjust status during the visit.

Go to the Tabs above, read the Guides, or CR-1, K-3, and DCF. Choose what might be the right visa for you two.

You might find more answers here on this thread where others have petitioned fiances from Japan.

http://www.visajourney.com/forums/index.php?showforum=90

Best of luck!

Thank you for the info! Yes, she had no provable ties to Japan other than her family.

I work from home, and my work won't be impacted when I go to Japan. Hopefully it will be recognized as enough to support two people.

This all seems a little invasive to me. Isn't it our business whether we have enough money to support the two of us? How many Americans are sitting on tens of thousands of dollars in credit card debt? Not to mention that without these immigration laws my wife and I would be at least $5000 (unneeded tickets, application fees, etc.) richer and much happier. The money alone is enough for 6 months of rent and food for two.

And, after jumping through all of their financial hoops, what if we didn't have "enough" left to support the two of us? Would we then forfeit our right to see one another?

These questions are all rhetorical. The last thing all of you need is more negativity, so I'll try to keep it to a minimum. Thank you all for your comments, and I'll keep you posted as we go through the process! We're slowly getting over what happened. Things will be alright!