Urgent! Wife is currently being interviewed in Seattle, being sent back to China!

I

iamjay

New Member
I am from the U.S.
My wife just arrived at Seattle this morning and she has been in an interview for around 4 hours already. I called and they said they would call me after it is finished, but they are still conducting it...

I called the airline, and they said that her flight now shows she will be leaving to go back to China 8:30 p.m. tonight!

She has never done anything illegal, and this is her 3rd time to come to America in the past year and a half. She is on a visitors visa, she does not plan to live here or work here. She goes to China to make money for a month, then stays with me for 4-5 months and then goes back again to work.

I'm not sure why they are denying entry, I will wait and tell you what they say. Is there anyone I can contact? I know she won't be able to get a lawyer. Surely they don't think that she wants to overstay her visa and illegally live here? She could have done that the last two times. She is on a tourist visa. I can not go to her home country because I overstayed my visa though when I was younger...

Any help would be appreciated,

Jay
 
Hmm, if she's in the US for 4-5 months with a gap of only a month, and she's done this a few times, then she's essentially living in the US. This would easily be a reason for her to be denied entry, and she might have been unfortunate enough to get an officer who looked carefully at her travel history.
 
Still no word from her. They are not letting her use the phone. But I called them a few times, but they said because of the privacy act they could not tell me anything, except that she is not banned from U.S. only barred this time.

She was on the plane for many hours, then she was interrogated for at least 5 hours. Now she is still not able to use the phone and in 2 hours she has a flight back to China.

I also called her the airline company. It seems that after only 1 hour her flight was changed... So we wasted our money for flight and visa, to come here and before they had even questioned her, they had her pay for a flight back? Pretty ridiculous. Almost like they already knew that they were going to deny her before she came... then why give the visa?
 
Why has she been travelling on a tourist (visitors) visa? Are you currently awaiting a visa for her as you are a US citizen and she is your spouse?

I used to travel to the US a couple of times to visit my fiancee and was heavily questioned (hours), and we had not yet married. I was warned to get the right visa next time or face being returned to Australia.

It seems like they have picked up that she is travelling excessively for long periods of stay in the US with a US spouse. This is not the purpose of a visitors visa in my mind. Unfortunately, they have the right to refuse as it appears an abuse of the visitor visa intent has occurred.

It is always at the discretion of the border officers whether they will allow you passage into the US or not, it is not the responsibility of the people giving out the visas in the first instance.

I am so sorry this has happened to you :(

Time to apply for a different visa for your spouse.

Q
 
If I understand you correctly, your wife works for a month in China, then stays with you for 4-5 months, and repeat. It sounds like in the past year and a half she spent up to 15 months in USA and only three in China. A CBP officer will consider her living in USA rather than China, so she can't do that with a visitor's visa. Once, or twice, even three times they might let her do it, but it's not going to last forever. Four times are too many.

If she is spending 10 months a year in USA, she needs to be sponsored for U.S. permanent residence. After this incident she is very unlikely to be able to use her visitor visa anymore. You need to start the IR1/CR1 visa process.
 
She is clearly abusing her visitor's visa and that is what the POE officers reckon as well. No genuine visitor should spend more than 6 months in the US during any rolling 12 month window.


iamjay said:
She has never done anything illegal, and this is her 3rd time to come to America in the past year and a half. She is on a visitors visa, she does not plan to live here or work here. She goes to China to make money for a month, then stays with me for 4-5 months and then goes back again to work.
Click to expand...
 
Ok, thanks for the replies. We are sorting this out now. I am finishing up the i-130 now, we will do consular processing.

Can someone tell me what to put on question 16 of part C?

-Has your relative ever been under immigration proceedings?
-No or Yes
-If yes, was it- Removal, exclusion/deportation, recission, or judicial proceedings.



I guess that they offered her to try and stay or to leave herself, and they wrote revoked 22cfr41.22 (h)(3) on the bottom of her US visa.

Is that a yes for that question, and if so which one was it? I called USCIS, but they said they can't tell me what to put on the paper...
 
In my opinion the answer would be no. Immigration proceeding is another name for immigration court, which she could only attend once she is admitted into the country. Since she was turned away, she was clearly not admitted.

When she fills out the visa application form I believe it will ask whether she has ever been denied entry or withdrew the application for admission, to which she should say 'yes'. It is very important to find out whether she was put on 'expedited removal' or was allowed to 'withdraw the application for admission' by the CBP. If she was removed, she is barred from visiting USA for 5 years. If she was allowed to withdraw, she can immediately apply for a visa.
 
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