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  • Visitor Visa got cancelled

    Please help and suggest what is our options right now

    I got married to Miss N
    N is a legal Canadian resident (not a citizen).
    She received a 10 year US Visa in November 2012.
    She listed her status as “single” in her visa application.

    DOM - July 2012 - India.
    There was a marriage ceremony but no legal registration of the marriage.

    She used her Visa in November 2012 to visit the US.
    She stayed 5 months with me.
    She returned to Canada on April 30 2013.

    N reapplied for reentry to the US on July 10, 2013.
    Reason for the visit listed as same day shopping.
    She returned same day.

    On July 18 2013, she attempted to re-enter the U.S. from Canada (Blaine Border Crossing) by car.
    The US Border Officer questioned her prior to entry as follows:
    1. Where she is going ?
    a. She told him that she was going to visit her friend in California for a week
    2. How you know your friend
    a. She said she knew him from another Indian friend.
    3. When did you meet him?
    a. A year or so ago.
    The officer proceeded to inspect her bags and found Wedding CDs.
    They took her to a secondary inspection office and engaged in further interrogation wherein she admitted that she was married.
    They subsequently cancelled her Visa and sent her back to Canada.
    They advised that minimally she would have to a bank balance, evidence of employment and residence for future Visa consideration.


    My questions:

    1) What can be done to get her Visa reinstated.
    2) How long will it take if I apply for her on marriage basis?
    3) What date should we show for marriage (last year or later this year)
    4) as she have told in the visa interview she is not married, so if we say now in marriage petition that we got married in July 2012 , will it affect her application?
    5) Will this affect her application for Canadian Citizenship?
    6) I am eligible to apply for US Citizenship in February 2015 – does this help our case.

  • #2
    You have not mentioned but I assume you are a US permanent resident.

    With cancellation of a visitor visa, she is not likely to get another visitor visa.
    And I suggest she not apply because during the interview her lie of not being married at the last
    application could be caught .

    THis won't affect her canadian side of things.

    I suggest you file an F2A immigrant petition on her behalf. It is current ( no wait) so she can get her immigrant visa in a few month's time.
    But you cannot show that you were married in July. When granting a visa, they also ask for wedding pictures and during the interview
    your lie can be caught.

    I suggest you go through a good immigration attorney.

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