Wife Traveling to America to visit

[Charles & Ai 0]

Hi! My wife and I were just married in December and have not yet submitted the Visa forms. She is also coming to visit. She will be traveling with her Grandma and staying at her Aunts house.

She will come here February 24 - May 5 (a little less than 3 months)

After she comes to visit we will submit the Visa paper work. I only have two concerns with her getting into the United States

1) We were just married but would she tell this to Imigration?

Her aunt just had a baby here in America so her Grandma is coming to visit and help take care of the child. She will also be coming and stating that is the purpose of her trip, which it is in a sense. we are expecting a baby in September so her helping to take care of her aunts kid will also be good practice for us.

2) She had a DWI (similar to a DUI but not quite as serious, but still serious)

Would she put on the customs form that she was "arrested"? A DWI is a civil offense in our state so it is not a felaony so my guess would be that she would not say she has been convicted of a crime.

Does anyone else see any problems of someone coming to america to visit? We have not started any official paperwork but were just married. I think it is perfectly legal to come but i also know customs can turn anyone away at any time for any reason.

Thanks for the input!

C & A

[coolgt 0]

it perfect legal, when u file just state that shehad been in the US.

[Charles & Ai 0]

I know it is legal but you do not think that she will have any problem coming into the United States?

Thanks

[jeepcoma 0]

I've been looking into the same thing, only whether or not it will be possible for my wife to visit under the Visa Waiver Program (US-Australia, but I see Japan is also on the list) while my I-130 is pending. From what I can tell you shouldn't have any problems, you just have to prove that the purpose of the trip is not immigration. As such, you need proof that she'll be returning home, which usually means a plane ticket home is enough. Other documents might be a letter from her employer that she's to return to work, a doctor's appointment, or anything which would indicate she'd need to leave the US. From the CBP.gov website:

Q: Who Is Eligible to Use the VWP?

A: To qualify for the VWP, you must:

* Intend to enter the United States for 90 days or less;

* Have a passport lawfully issued to you by a VWP country that is valid for six months beyond your intended visit;

* Be a national of the VWP country that issued your passport;

* Have been checked using an automated electronic database containing information about inadmissible aliens to the United States;

* Have a return trip ticket to any foreign destination other than a territory bordering on the United States or an adjacent island unless:

1. You are a resident of an adjacent island,

2. This requirement is waived by the Attorney General under regulations, or

3. You are a visitor for business who arrives aboard a private aircraft that maintains a valid agreement guaranteeing to transport you out of the United States, if you are found to be inadmissible or deportable;

* Present to the U.S. Customs and Border Protection (CBP) officer a completed and signed Form I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form. ( Visa Waiver Program Applicant Responsibilities )

* Not pose a safety threat to the United States;

* Not have failed to comply with the conditions of any previous admission under the Visa Waiver Program;

* If arriving by air or sea, you must arrive aboard a carrier that signed an agreement, "signatory carrier", guaranteeing to transport you out of the United States if you are found to be inadmissible or deportable;

* Convince the examining CBP officer that you are clearly and beyond a doubt entitled to be admitted and that you are not inadmissible under section 212 of the Act. For reasons that would make you inadmissible, please see the Immigration and Nationality Act at INA § 212 (a);

* Waive any right to review or appeal a CBP officer's decision as to your admissibility, other than on the basis of an application for asylum or an application for withholding of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and

* Waive any right to challenge your removal, other than on the basis of an application for asylum or an application for withholding of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Nowhere does it state anything about marriage or pending petitions. I suggest reading the site yourself.

Customs and Border Patrol

Visa Waiver Program

[payxibka 10,045]

1) We were just married but would she tell this to Imigration?

1) Only if asked....

[NickyundChris 0]

I visited my husband after we got married and had not filed yet. It was not a problem. When asked what the reason of my stay was I truthfully answered: Visit my husband. Then they asked what my husband did and I said "He works" (could not think of a better answer, thought it was kind of a strange question) Then they asked when I was flying back. After I told them the date the guy said "Have a nice stay".

So - just to give you some personal experience