My wife was denied her residence. Now what?

[Nserrano]

Background...

My I have been married to my wife for a year and a half. She has never broke the law and she hold a valid visitors visa and passport. On her previous visits (before we were married) she has come to the U.S. and left at the time allowed. In her last visit to the U.S. she drove to the U.S. with family members that were U.S. citizens but at both the check points she was allowed to pass without ther I-90. She did show her visa and passport but the officers let her go in. She states that there was a lot of traffic and they didn't want to bother with it. During the last visit we got married and my lawyer filed all the necessary forms (I130,I765, I485, etc.) to change her residency. She is currently working with her work permit she received.

Now....
We went to the interview and her case was denied because she broke the law. My lawyer filed an appeal with a letter from the family that she came here with stating the situation and that too was denied.

Question...
What can I do now? Should I get a divorce and tell to to go back and file for a fiancee visa? Please help!!!

[Nserrano]

Background...

My I have been married to my wife for a year and a half. She has never broke the law and she hold a valid visitors visa and passport. On her previous visits (before we were married) she has come to the U.S. and left at the time allowed. In her last visit to the U.S. she drove to the U.S. with family members that were U.S. citizens but at both the check points she was allowed to pass without ther I-90. She did show her visa and passport but the officers let her go in. She states that there was a lot of traffic and they didn't want to bother with it. During the last visit we got married and my lawyer filed all the necessary forms (I130,I765, I485, etc.) to change her residency. She is currently working with her work permit she received.

Now....
We went to the interview and her case was denied because she broke the law. My lawyer filed an appeal with a letter from the family that she came here with stating the situation and that too was denied.

Question...
What can I do now? Should I get a divorce and tell to to go back and file for a fiancee visa? Please help!!!

[lya_tsilvquodi_nehi]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Nserrano:
Now....
We went to the interview and her case was denied because she broke the law. </div></BLOCKQUOTE>
What did they actually state to your wife as the reason for the denial?

[Someone12]

who would believe the word of some dirtbag illegal alien supporter? Most likely the alien spouse lied to our border officials when entering the US ("I'm just coming to go to Disneyland") or some such BS, when in reality she was planning to stay. I support our government and border officials, rather than the word of some visa cheat.

[Nserrano]

It states section 245(a) of the Immigration and Nationality Act which in short says that she entered without being inspected or paroled at any time or place other than as designated by the Attorney General. She entered illegaly.

[lya_tsilvquodi_nehi]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Nserrano:
It states section 245(a) of the Immigration and Nationality Act which in short says that she entered without being inspected or paroled at any time or place other than as designated by the Attorney General. She entered illegaly. </div></BLOCKQUOTE>
The law does state that in order to adjust status through marriage to a USC one must have been granted entry/inspected and otherwise eligible.

Good luck with the appeal, you are really going to need it.

Someone12
There are ways of getting your point across without being a complete a ss

[Nserrano]

That is the problem. The appeal was denied as well. I'm trying to figure out my next step. My lawyer is out for the holidays and I'm trying to get as much information as possible of what I can do.

[lya_tsilvquodi_nehi]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Nserrano:
That is the problem. The appeal was denied as well. I'm trying to figure out my next step. My lawyer is out for the holidays and I'm trying to get as much information as possible of what I can do. </div></BLOCKQUOTE>
She just may have to return to her country, with you filing a spousal petition to the USCIS, in order for her to apply for a spousal visa. What is her out of status time?

[Nserrano]

She entered (without inspection) in January of 2004 and we married in June of 2005.

[lya_tsilvquodi_nehi]

Speak to your lawyer on his return, but it looks to me that perhaps the only option is to have her return, you file the I-130, followed by the I-129F and once approved and interview granted, she most likely will be denied, whereby a waiver can then be filed. Your lawyer will be able to answer all your questions regarding this. You can also find out more on letters of hardship, which have to be filed with a waiver, at immigrate2us.net All the best.

[aneri]

Did she enter from Mexico or Canada? Of which country is she a citizen?

[dragonlady]

If she entered across the Canadian border, it is really really common for them not to stamp or give you anything when you cross. In the time I have been crossing the border, I have NEVER received an I-94 or a stamp in my passport. Neither has anyone I know. MY mum is 80 (and has been crossing the border for about 60 years) - she was never "inspected" either. What do you do? Don't know - unless you go back to the border crossing and howl at them - they do have videos of people crossing the border - maybe they could help you there.

Didn't she have a visa? How could she enter illegally with a visa?

[DISAPPOINTED]

You do not have to divorce,because of that cause it mint give bad picture to the USCIS. just appeal for that again.Good Lucky

[dmartmar]

If:

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">She did show her visa and passport, but the officers let her go in. </div></BLOCKQUOTE>

Then:

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">section 245(a) of the Immigration and Nationality Act which in short says that she entered without being inspected or paroled at any time or place other than as designated by the Attorney General. She entered illegaly. </div></BLOCKQUOTE>

[SunDevilUSA]

Nserrano: Not only did your wife enter without inspection, she decided to remain in America for a period of time far in excess of the time for which she would have been legally admitted. I quote: "She entered (without inspection) in January of 2004 and we married in June of 2005."

So, she just decided to stay for eighteen months? Given that she had visited the country on many prior occasions, and apparently left before her period of authorized stay, she was obviously well aware that her maximum period of stay was six months (had she been inspected at the border).

As a foreign national, she knew of the requirement to be inspected...and she should have insisted on same. In any event, it appears that she had immigrant intent, and saw the situation as an opportunity...that has come back to bite her.