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visa help (inelligibility)

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  • visa help (inelligibility)

    Hi I am a graduate from US having done my bachelors there. During my stay in the states I got married to a Norwegian girl. She had been to the US before without a Visa. We went and enquired if she needed a visa at the American embassy after our marriage. I was at that time in US at a valid F status. At the American embassy we were told that her country falls under exempted visa countries and she didnt need a visa to go and visit me. However at her entry in the united states she was refused to enter the country as they thought she had intent of staying in the states, she had been there before but they still deported/refused entry and sent her back. I completed my course and went back without any problems. However 2 years after my graduation I had to goto US for a bussiness visa to attend some training for my company. The visa consular at the embassy told me that based on that incident with my wife I was permanently denied entry to the country. He told me that I could petition it using a "two way visa request and response form". He didnt mention the provision under which I was denied but did mention it was based on that incident. Now my question is, is this normal for something like this to happen to me? Can this be revoked and can I be granted a non immigrant status? Any help in this matter would help me understand why was I affected by this...

  • #2
    Hi I am a graduate from US having done my bachelors there. During my stay in the states I got married to a Norwegian girl. She had been to the US before without a Visa. We went and enquired if she needed a visa at the American embassy after our marriage. I was at that time in US at a valid F status. At the American embassy we were told that her country falls under exempted visa countries and she didnt need a visa to go and visit me. However at her entry in the united states she was refused to enter the country as they thought she had intent of staying in the states, she had been there before but they still deported/refused entry and sent her back. I completed my course and went back without any problems. However 2 years after my graduation I had to goto US for a bussiness visa to attend some training for my company. The visa consular at the embassy told me that based on that incident with my wife I was permanently denied entry to the country. He told me that I could petition it using a "two way visa request and response form". He didnt mention the provision under which I was denied but did mention it was based on that incident. Now my question is, is this normal for something like this to happen to me? Can this be revoked and can I be granted a non immigrant status? Any help in this matter would help me understand why was I affected by this...

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    • #3
      Normally, when traveling to the US, one has to show strong ties to your native homeland, in order to demonstrate that you have no long term interest in remaining in the USA. When you were informed that you were ineligible for entry to the US, where was your wife at the time?

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      • #4
        my wife is in norway right now. we lived there for last two years. i dont think the problem is with my intent of staying in usa. but after the incident where my wife was refused entry to the states, something was written in my record that has made me permanently inelligible to enter the states. According to the consular I can just use the two way visa request reponse and ask for revocation of this. How long does this process take? What is my crime if my wife was deported although she didnt need a visa to travel but they thought her intent was to stay? answers to these questions will let me better understand what i m faced with...

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        • #5
          Sorry but I am not at all familiar with this. Hopefully, someone more well-versed will come to your aid.

          I did a quick search to see what I could find, and came up with the following scenario, where using a Two-way visa request response, which is regarded as a form OF-221, is recommended. Don't know if this will shed any light on the matter.

          N9.2 INA 212(d)(3)(A) Waiver for K-1 Fiance(e) Who Would Qualify for a Waiver if Married, or for K-3 Spouse

          a. If it is determined that the K visa applicant is ineligible to receive a visa under INA 212(a) but that the ineligibility could be waived after (or as a result of the)
          marriage to the petitioner, the consular officer should assist the applicant in completing Form I-601, Application
          for Waiver of Grounds of Excludability, and submit simultaneously both the Form I-601 (with the required fee) and Form OF-221, Two-way Visa Action Request & Response, to the appropriate INS office abroad with the recommendation
          concerning the granting of an INA 212(d)(3)(A) waiver. (If the case involves a K-1 fiance(e), before beginning that waiver process the consular officer should first satisfy
          him/herself that the petitioner was or is aware of the ineligibility and still wishes to pursue the marriage. If not, the petition should be returned to INS and no waiver process commenced.) Consular officers should follow this
          same general procedure whether the ineligibility is on medical or non-medical bases, while taking into account any variant procedure required in certain medical cases as set forth in 22 CFR 40.11 PN2.

          Whether that is at all pertinent, I don't know. But here is a link to the form itself.
          foia.state.gov/masterdocs/09fam/0940301X1.pdf

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          • #6
            Anything involving a K visa is irrelevant since neither the OP nor his wife are US citizens.

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            • #7
              Right you are, Sphyrapicus. I wasn't clear, my apologies. What I meant to say was that the only reference to OF-221 I could find, pertained to a case involving a K-1 visa.

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