Hypertweeky

Hi Everyone.. I have a tricky question for you guys, I dont know what to write on that one.. so I though you guys could help me out!!

In the form I-130 under question number 16 it asks.. Has your relative ever been under immigration proceedings?
It says.. Yes, no, removal, exclusion/deportation, recission, judicial proceedings
Ok I got denied entrance last year.. so do any of these ones apply to me?

lairdside

Were you granted voluntary departure?

Hypertweeky

Thanks for your answer.. but I dont quite understand your answer-question...

What do you mean by voluntary departure??, I left because they didnt let me get in the country.

leebarton

was your passport stamped with "denied" or where you offered the chance to leave and took it???

I think that is what he meant?

jeffreyhy

Hyper,

With all due respect, I think your USC husband should be asking the questions. Is he not the person who will be filling out the I-130 and I-129f petitions?

Regards, JEff

lairdside

It very often doesn't work that way Jeff.

Many who post on here are the alien fiance(e) or spouse and are doing the lion's share of handling the immigration filing.

IMHO it's mainly where the alien is female.....

Folinskyinla

Hi:

Your question is extremely well taken. As written, the I-130 is poorly drafted in this context. However, it pays to examine WHY the question is being asked.

If one gets married while proceedings are PENDING, the I-130 cannot be approved unless the petitioner makes a seperate statement under section 245(e) of the Act.

Inasmcuh as you were refused entry, it would seem that the marriage was not entered into while any proceedings were pending unless you managed to pull it off at the airport -- which I will presume you did not.

Also, did you apply for entry with a VISA? Refusal of a Visa WAIVER application is NOT a formal "removal" while refusal of a person with a VISA will be UNLESS they are allowed to withdraw their application for entry.

If you were my client, I would disclose the date and place of refusal. Also, I would have your spouse make the 245(e) statement [which need not be detailed -- I use a "boilerplate" declaration which simply states the statutory facts]. If it is not needed, it will be superflorous -- no harm, no foul.


Good luck.

jeffreyhy

lairdside,

What you say is very true. You understandably misunderstand why I made the comment.

HyperT is asking some very basic questions and is having trouble understanding the very simple answers. (Referring also to some of her other posts, this just happens to be the post where I lost self-control and started typing!) I wonder how accurate the information she's attempting to gather will be when it gets back to her USC fiance...

Regards, JEff

lairdside

I can understand that

I did wonder if you felt that HyperT was having some difficulty understanding the comments regarding her questions.

In fairness if someone had said "voluntary departure" to me a couple of years ago I would have asked them what it was.

Perhaps Hyper can learn and if they want to pass things along accurately to their fiance they could always print out the responses or bring them on here to see for themselves.

I don't know about him but my husband is virtually allergic to this stuff, hence why I thought HyperT may be "having a go at it" themselves.

Hypertweeky

Ok

Let me tell whoever talks crap in here about my fiancee asking questions.. She asks these questions NOT that we are stupid, but that we are making sure we have the right answers because we been apart for 6 months once before and we know that we are going to be apart for another 6 months.. We just dont want to mess up and be apart for more than is neccesary!!! For those of you to come on a forum that is for people who need immigration help and talk crap to people asking questions is a bunch of CRAP!!!! I would cuss but I am trying to be proper about this!! I Love my Spanish wife and I want nothing more than to be with her the rest of my AMERICAN life.. If you have crap to say go to another forum, I am tired of hearing people talk so much crap about people asking for immigration problems on a IMMIGRATION FORUM, and STUPID PEOPLE talking so much ****!!! To all of the people who have real Immigration questions I hope your questions get answered in a NICE WAY!!!

Mark(AMERICAN)

lairdside

Pleased to meet you Mark.

If either of you could tell us whether or not the denial of entry occured upon the VWP or another visa, if your wife was allowed to withdraw her application for admission, was subject to expedited removal or was removed (formerly known as deported).
It may help us to give our unqualified answers to her questions.

As things stand - we just do not have enough information to even hazard such a guess.

I don't believe that anyone is calling either of you stupid, my husband certainly isn't but has a mental impass when it comes to immigration it seems.

There is a difference between being unknowledgeable and unintelligent. If you bear with us I'm sure that we will help you as best as we are able.

Hypertweeky

Lairdside.

Hi all!!

Well first of all I would like to say I felt bad when I read your posts.. not you Lairdside.. thanks for being understandable, I am asking all the immigration questions because I know a little bit more than my fiancee, he has TOO MUCH going on trying to keep his job and missing his 9 year old daughter, we usually work together for every immigration issue.. but if we encounter a problem I post it over here because thats what this forum is all about, I am so sorry If I am way too ignorant to understand terms such as "Voluntary departure".. An Immigration Forum is not only a place to say all the problems you have, share your experiences or ask questions.. it is also a place to LEARN, I am learning so much about immigration matters, I am also a member of another immigration forum, someone posted this URL because He said It was a very nice place to ask questions, share experiences and so on. People that come in here are NOT experts.. that is why they come here, If they knew everything they WOULD not come here. 2 different people that has recently joined this forum has told me.. (And I state what they said) " Some people here are Mr/Mrs KNOWS IT ALL, they think they can talk crap about you just because you dont know as much as they do, the answers you got were kind of rude.. some people need a education class here".
Just another one more thing to finish with this.. I am pretty sure that most of the people that answers another people questions.. were ONCE as "Ignorant" as I am. That is all I have to say.
Gigiola and Olenka thank you so much for being such as sweethearts. Take care and I will catch ya guys later!!

Hypertweeky

Hi there!!

I got denied entrance under the VWP.. I didnt get any stamps on my passports or anything, only had some numbers written at the very first page of my passport..
I am sorry I didnt especify which visa I was holding when I got denied entrance, if you guys need something else let me know.

Take care!

lairdside

Ok, I may be wrong on this but the question to me is whether or not you were subject to expedited removal or if you were allowed to withdraw your application for admission.

For information on expedited removal please see the following link:

http://www.immigration.gov/graphics/...tm#alternative

Here is an article which examines the withdrawal of the application for admission:

http://www.twmlaw.com/resources/general2cont.htm

Can you recall what the numbers were which were written in your passport?

lairdside

This is interesting, if you could explain I would be very grateful.

So - someone who is refused entry at POE who is seeking admission on the VWP is not subject to the 5 year bar even if they do not withdraw their application for admission in the same way that someone on a visa is, even if they are subject to expedited removal?

I have a feeling that there's some catch involving them never having made a formal application for admission in the first place.....