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Can we submit for V1-Visa without first I-103!! Help!!

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  • Can we submit for V1-Visa without first I-103!! Help!!

    Hi, I am new to this bullentin board and really need help to get my lovely wife back beside me. So, anyone out there who knows what to do, please help me by giving me some advise on how to quickly get my wife back to me. I am a LPR:
    My wife arrived yesterday morning in Seattle but was told to return to her home country because they suspect that she has immigrant intend. But that's not the case. She has a valid passport and US visa to enter. However, after she told the immigration officer that her husband is here doing his business, they brought her to a room and treated her like a criminal. She was photographed and finger printed! She wasn't even allowed to make a phone call to me when I was just outside waiting to meet her. She finally called me from the plane after it has departed Seattle. My heart broke when she was telling me she is on the way back to Malaysia because of what had happened. She was in tears.
    My wife was asked what's the reason for entering US. She told the officer she is here to visit her friends and relatives. She was in the US legally from Dec.02' till May03'. She left on the day I-90 expired. After she told them that her husband was here too, they got suspicious and brought her to a room for further interrogation. INS officers told her that she cannot enter US using a visitor visa instead should be using a V visa. After all the proceedings, she was told to return immediately to her home country. They also cancelled her valid US visa on her passport and stamp the following in the book:
    [Revoke from SEA and Application withdrawn, Pursuant to 22CFR 41,122(h)(3), 212(a) 7A1]
    Is this bad for her?
    I have not file a petition I-130 for her because we never had the intention for her to stay for long period of time. At most a few mths per visit. As she is still required to look after her dad's business. She is not required to work here as I can support her. After reviewing INS website, I understand there is a new V1-visa for spouses. However, I am afraid that I won't qualify for it as I have not met the criterias as stated in the website. Does that mean I won't be able to see her for at least the next 3 years?
    Can anyone in this bullentin board give me some advise as to go about returning my wife to me? Can she reapply for a tourist visa to enter US again? This is the only solution that I can think of as it seems like the fastest way for me to see her again. Are there any provisions that would allow her to visit me as a nonimmigrat as we currently have no intention to apply her as a LPR?
    I sincerely hope there is someone in the bullentin board who can help me. Thanks in advance.

  • #2
    Hi, I am new to this bullentin board and really need help to get my lovely wife back beside me. So, anyone out there who knows what to do, please help me by giving me some advise on how to quickly get my wife back to me. I am a LPR:
    My wife arrived yesterday morning in Seattle but was told to return to her home country because they suspect that she has immigrant intend. But that's not the case. She has a valid passport and US visa to enter. However, after she told the immigration officer that her husband is here doing his business, they brought her to a room and treated her like a criminal. She was photographed and finger printed! She wasn't even allowed to make a phone call to me when I was just outside waiting to meet her. She finally called me from the plane after it has departed Seattle. My heart broke when she was telling me she is on the way back to Malaysia because of what had happened. She was in tears.
    My wife was asked what's the reason for entering US. She told the officer she is here to visit her friends and relatives. She was in the US legally from Dec.02' till May03'. She left on the day I-90 expired. After she told them that her husband was here too, they got suspicious and brought her to a room for further interrogation. INS officers told her that she cannot enter US using a visitor visa instead should be using a V visa. After all the proceedings, she was told to return immediately to her home country. They also cancelled her valid US visa on her passport and stamp the following in the book:
    [Revoke from SEA and Application withdrawn, Pursuant to 22CFR 41,122(h)(3), 212(a) 7A1]
    Is this bad for her?
    I have not file a petition I-130 for her because we never had the intention for her to stay for long period of time. At most a few mths per visit. As she is still required to look after her dad's business. She is not required to work here as I can support her. After reviewing INS website, I understand there is a new V1-visa for spouses. However, I am afraid that I won't qualify for it as I have not met the criterias as stated in the website. Does that mean I won't be able to see her for at least the next 3 years?
    Can anyone in this bullentin board give me some advise as to go about returning my wife to me? Can she reapply for a tourist visa to enter US again? This is the only solution that I can think of as it seems like the fastest way for me to see her again. Are there any provisions that would allow her to visit me as a nonimmigrat as we currently have no intention to apply her as a LPR?
    I sincerely hope there is someone in the bullentin board who can help me. Thanks in advance.

    Comment


    • #3
      First, you cannot apply for a V visa unless you have an I-130 filed on your wife's behalf. If she has no plans to immigrate to the US, I do not recommend that you file an I-130 for her.

      Your wife can reapply for a visitor visa; however, unless she presents extensive evidence that she has ties to her home country, it is unlikely that the visa will be granted. And even with evidence, the visa may still not be granted. She didn't help herself by staying the in the US for six months the last time she came. When a person is married to an LPR, BCIS presumes an intent to remain in the US, which is why her visitor's visa was revoked.

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