Legal Question in Immigration Law in California

I-601 -- is a mistake?

I am a canadian citizen. In the past I visited usa with my passport (no visa required)several times, no crime commited nor overstayed ( all my vivits were last about 2 weeks). In my last visit to US, June 2002, I was inspected by an US officer at the Toronto airport before got on board. He issued me I-94, time length of 2 weeks. I was transferred at minnesota (no inspection), & arrived in sacramento, my terminal. Before expiration stated on I-94, I married a us citizen. My wife filed 485 & 130 for me. At the interview, ins officer asked me to file I-601, waiver for inadmissibitity as he said I were misrepresented at the port of entry (?) I still don't know why ? Is it a mistake? How can I find out ? Please help ?


Asked on 6/23/08, 4:44 pm

1 Answer from Attorneys
Fariba Faiz Law Offices of Fariba Faiz

Re: I-601 -- is a mistake?

It appears that they found you inadmissible since you married your wife within the two week visiting period. The basis for inadmissibility is that while your intention was to come to the US, marry a US Citizen and become a permanent resident you misused a visitor visa, so there is a presumption of visa fraud. The CIS prefers that you use a fiance visa, not a tourist visa for these types of entries. You need to file form I-601 to waive the grounds of inadmissibility.

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Answered on 6/23/08, 11:49 pm


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