netguysc

My wife and I are on the last stages of our K3 visa and the final stage of the opriginal I-130 application filed August of 2002. We have a year old daughter .. we married onm July 2002

My mom went to korera to assist my wife and baby on the flight from South Korea. My wife was traveling with her tourists visa.

At customs where they swipe your visa, she, my mom and daughter were pulled aside.and into a room. There while my mom held the baby, customs officials interrogated my wife, made her sign two paper, and my mom heard them ask my wife to decide between deportation and the cancellation of something (I do not know what they we going to cancel).

They then escorted my wife and daughter to a plane that was leaving in ten minutes going to South Korea, and sent my mom thru to finish the last leg of the trip to Charlotte.

My wife and daughter are still on the way back to korea and will land in about six hours but i am about to go crazy wondering what happened.

anotehr bit of info, the customs official told muy mom that it could have been worse, that she went back in the best way possible .... if that makes any sense to anyone.


Any idea if this may cancel our spousal visa ..K3 visa?
I have read on the net about a "refusal of entry paper" How bad is this?

any info would be appreciated for I am about to go crazy

Folinskyinla

Hi:

It makes perfect sense.

I will not be definite about this -- you can't be until you see the paperwork your wife had.

It appears that your wife was NOT refused entry. In order to avoid being refused entry, she was "allowed" to "voluntarily withdraw" her application for admission.

I'm sorry that this happened -- but I'm sitting here shaking my head in wonder -- your wife has a pending I-130 & K-3 going, she is traveling with a young child in arms [who might very well be a US citizen], traveling with her mother-in-law who has status in the US [a US citizen also perhaps?] and she tries entry on a B-2 tourist visa????

I hate to say this -- count your blessings -- it could have been a LOT WORSE.

BTW, they probably also cancelled the tourist visa.

netguysc

I hate to say this -- count your blessings -- it could have been a LOT WORSE.

BTW, they probably also cancelled the tourist visa. [/QUOTE]


Thanks for the response. This was her third trip here with the same conditions except for her being sent back. I felt safe doing this for a look on her passport will show previous visits and returns.

At least our I-130 is almost completed and hopefully this incident will not effect it.

We have been working since 2002 to get her here and have had a daughter in the meantime. Hopefully this nightmare will be over soon.

Thanks again for the response and I pray that you are correct in your predictions.

Mrtravelkay

netguysc wrote:

    > My wife and I are on the last stages of our K3 visa and the final stage
    > of the opriginal I-130 application filed August of 2002. We have a year
    > old daughter .. we married onm July 2002
    >
    > My mom went to korera to
    > assist my wife and baby on the flight from South Korea. My wife was
    > traveling with her tourists visa.
    >
    > At customs where they swipe your
    > visa, she, my mom and daughter were pulled aside.and into a room. There
    > while my mom held the baby, customs officials interrogated my wife, made
    > her sign two paper, and my mom heard them ask my wife to decide between
    > deportation and the cancellation of something (I do not know what they
    > we going to cancel).
    >
    > They then escorted my wife and daughter to a plane
    > that was leaving in ten minutes going to South Korea, and sent my mom
    > thru to finish the last leg of the trip to Charlotte.
    >
    > My wife and
    > daughter are still on the way back to korea and will land in about six
    > hours but i am about to go crazy wondering what happened.
    >
    > anotehr bit
    > of info, the customs official told muy mom that it could have been
    > worse, that she went back in the best way possible .... if that makes
    > any sense to anyone.
    >
    >
    > Any idea if this may cancel our spousal visa ..K3
    > visa?
    > I have read on the net about a "refusal of entry paper" How bad
    > is this?
    >
    > any info would be appreciated for I am about to go crazy

It sounds like they canceled the B-2 because they believed she was more
reason to remain in the US than to return to Korea. I think one of the
horrors stories of this is the ordeal of the short turnaround time
before she (and the baby) had to fly all of the way back to Korea.
What happened appeared to be in line with immigration law, as it is up
to the visitor to convince the immigration inspector that they intend to
return to their home country. It seems that you have been waiting an
unusually long time for a K-3 visa, even for a CR-1 visa.

As your wife was told, it could have been worse. Instead of sending her
back to Korea and canceling the B-2 visa, she might have been considered
for fraud and banned from the US.

At this point, she will probably not have a chance of coming to the US
until she gets a K-1 or a CR-1 (or IR-1)

netguysc

It seems that you have been waiting an
unusually long time for a K-3 visa, even for a CR-1 visa.


Yes, it has been a long time to process for I made mistakes ( sent k3 to Texas because that is where the old form said to send it, should hasve sent to chicago)

and once that got straiughtened out then my K3 packet was lost.... I filed a new K3 packet .. then first packet was found ... the held up processing for I then had two applications in the system ... it has just been a bad dream since it started and like I cannot lay on the blame on INS, I was part to blame also.

Well she should be landing in Korea as of 45 minutes ago, I had her mom go to the airportto get her and my baby.

I am just hopeing that INS hasn't banned her or killed my other visas that we applied for.

Thank you too for your response.

supernav

I know it costs money -- but next time consult a lawyer to handle and advice on all immigration procedures. Lack of proper legal immigration advice could've landed your wife in shackles.

My friend and i are developing a website primarily for guys like you.

-= nav =-

cindyabs

I'm guessing that you do come under TSC for your 130 if so, indeed they are dealing with August 2002 right now. Hopefully not too much longer.

zeo

Now I am worried also, because my wife is in Pakistan and we have a pending k3 visa application. If her visitor's visa is approved you are saying at POE they may refuse her entry and go back to Pakistan?

Pallyn

Yes, they have that power.

Folinskyinla

Hi:

That is inherent in the system. When I mention this to people, I often get a response if this a result of the "War on Terror" or the "PATRIOT Act." And I reply that they are referring to the wrong war -- this system was instituted during the First World War by legislation enacted in 1917. This was made permanent after the end of the "War to End All Wars."

I guess Kaiser Bill and then later Mr. Lenin were the modern day equivalent of Osama Bin Laden.

zeo

Did you find out why was your wife refused entry into the USA? This is quite odd to hear especially since she has an approved b2 visitor's visa for pleasure.

Matthew Udall

Actually it's not odd (or uncommon) at all. Just because the Consulate might issue a visa that might be valid for years to come, that does not mean the cowboy (officer) at the border must let that person enter the U.S. Plus, the Consulate has no way to "pre-clear" someone's entry into the U.S. The determination whether or not someone has the proper "intent" to match their visa is made by the officer at the point of entry.

SundarV

I am confused here. How could the consulate give a visitor visa for someone with pending K3 visa application.

B1/B2 requires showing non-immigrant intent. This intent is clearly not there in the present case. So won't her application be rejected?

Also, she has to say her husband is in the US and once again that would show immigration intent.

I am assuming that in the case mentioned in the thread, the wife must have had tourist visa even before she got married.

Can someone clarify if I am reading the rules for B1/B2 correctly.

Thanks
Sundar

zeo

Very good point but I just talked to a USCIS officer who works at the POE in the Chicago airport and he said as long as the person has no drugs/weapons/no criminal history/not a wanted person then there will be NO PROBLEM at all 100% and then they will decide how long they can visit the USA for.

zeo

Wrong Sundar, the wife/fiancee of a US citizen can get a b2 pleasure visa with no problem while her k1/k3 visa case is pending, but the chances of her getting this visa are slim to none. She has to show strong ties back in her home country that she will in-fact come back home.