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A little help please

Discussion in 'Serving military and military families' started by Rickmullie, May 2, 2011.

  1. Rickmullie

    Rickmullie Junior Member

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    Dear Sir,

    I am writing in your forum with hope that you can share your expertise in immigration law with me regarding my current situation with my wife and possibly guide me as to the correct process in obtaining a green card. I am a U.S. Soldier and met my wife while deployed to Iraq in 2009. My wife is from Mexico City, Mexico and we were married in New Albany, PA on 14 FEB 2011.

    My situation is as follows:

    During my Wife’s last visit to the U.S., which was from 31 August 10 until 22 Feb 11, we decided to get married. As stated above we were married on 14 FEB 11 and she returned to Mexico on 22 Feb 11. She did not overstay her visa nor has she ever overstayed her visa.

    Upon her return to Mexico, I called the Military Hotline (1-877-247-4645) at the USCIS Web site (http://www.uscis.gov/portal/site/uscis), which was established for Soldiers that are pending deployment, and inquired as to the best way to obtain a green card for my wife. This was incredibly important as I was looking at a 2nd quarter of 2012 deployment. The two people I spoke to advised me to have her return to the U.S. with her tourist visa and then file the appropriate documents, which were the I-130 and I-485, and she would be able to remain in the U.S. until her green card was approved.

    So based upon this information I bought her airplane tickets, scanned and emailed her our marriage certificate as well as a short cover letter that she could present to the customs agent that essentially asked for a visitation length of 6 months in the U.S. in order to complete the necessary paperwork.

    Unfortunately when she arrived in Philadelphia and presented the marriage certificate and letter as well as answering “Yes” to the question “Do you intend on immigrating to the U.S. during this trip?” to the Customs Agent they denied her entry based upon intent to immigrate and returned her to Mexico. After speaking to the Customs Agent and explaining our situation, they allowed her a “Withdrawal of application for admission” and stated she is ineligible for a Tourist Visa to the U.S.. The Customs Agent stamped this on her Visa and Passport and explained to me that it was not a big deal and would not negatively influence my ability to sponsor her for a green card.

    I believe that I now have a reasonable understanding of what I need to accomplish as far as the process in obtaining a green card however, I am uncertain as to how the Withdrawal of application for admission” will affect our situation.

    Any advice you could offer would be much appreciated.

    Sorry for the length of my letter and thanks in advance for any advice you could share with me.

    Rick
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: A little help please

    Unfortunately, you got bad advice from the government initially (which is not at all unusual). Fortunately, the CBP officer allowed your wife to withdraw her application for admission so that she was not refused entry. Had she been refused, you would have a problem. As it is, there is no problem.
     
  3. Rickmullie

    Rickmullie Junior Member

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    Re: A little help please

    Thank you for your reply, much appreciated.
     

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