Jump to content
lucas_34

Will My Wife Need a Waiver in this case?

 Share

20 posts in this topic

Recommended Posts

Filed: IR-1/CR-1 Visa Country: Poland
Timeline

Hello - here is our situation:

1. I am on GC eligible to file for citizenship beginning October 2009. Never had a single problem with visa,entry,etc.

2. I am getting married in our home country in June 2009.

3. My soon-to-be wife has a valid tourist visa until July 2009. She has visited me in the US multiple times. No problems ever as well.

4. We are planning on flying back after our wedding to the US. For me it is my return home here as my vacation ends. For her it is her visit with me for summer holidays, as she has a full-time job back in her home, owns apartment, etc.

Therefore, we have plans to approach immigration officer at the POE together (walk in LPR lane), explain to the officer that we have just gotten married and my wife is coming only to visit for two months or so. After that her intention is to return to her home country. We have not filed for her immigration and will not do that until I become a citizen (sometime first half of next year). We definitely will have my wife to return to her home country. No plans on extending her stay, adjusting status, staying illegally etc.

She will have documents from her employer that she is employed full time and she has approved vacation request.

What if she gets denied entry and is asked to voluntarily withdraw her application for admission to the US? If in a year from now (hopefully) we file for her immigrant visa will she require a waiver then? Any suggestions please!

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline

Take some time and read the guides here on VJ. Ask yourself if you would believe that story if you were the officer at a POE. Why would a newly married spouse want to be apart from their husband for a year when she's already here in country?

I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

Link to comment
Share on other sites

Her chances of being refused entry under these circumstances are almost assured. This is not a good plan.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline

I have to agree wholeheartedly with the above. Newlyweds, husband with PR status. . . POE's knowledge that PR's take years to help spouses immigrate. . .looking for trouble.

My husband and I were only engaged when we tried to cross together and he was not given the option to withdraw his petition.

There are other options you might want to look into.

What country is your spouse from?

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Poland
Timeline
I have to agree wholeheartedly with the above. Newlyweds, husband with PR status. . . POE's knowledge that PR's take years to help spouses immigrate. . .looking for trouble.

My husband and I were only engaged when we tried to cross together and he was not given the option to withdraw his petition.

There are other options you might want to look into.

What country is your spouse from?

Thank you to you and all for your responses! I really appreciate them. My future spouse is from Poland. I'd be curious to hear what other options we may look into to potentially be together ASAP.

Thank you again!

Link to comment
Share on other sites

I have to agree wholeheartedly with the above. Newlyweds, husband with PR status. . . POE's knowledge that PR's take years to help spouses immigrate. . .looking for trouble.

My husband and I were only engaged when we tried to cross together and he was not given the option to withdraw his petition.

There are other options you might want to look into.

What country is your spouse from?

Thank you to you and all for your responses! I really appreciate them. My future spouse is from Poland. I'd be curious to hear what other options we may look into to potentially be together ASAP.

Thank you again!

Option 1: Move to Poland

Option 2: Get married and petition for spouse of LPR -- then upgrade the petition after you naturalize.

Option 3: Naturalize then file for fiancee or spouse as a citizen.

Option 1 is the fastest.

Option 2 is probably slightly faster than option 3

Edited by john_and_marlene

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Poland
Timeline

Option 1: Move to Poland

Option 2: Get married and petition for spouse of LPR -- then upgrade the petition after you naturalize.

Option 3: Naturalize then file for fiancee or spouse as a citizen.

Option 1 is the fastest.

Option 2 is probably slightly faster than option 3

Well, I realize that if I move back to Poland, we can be together in no time. Even tomorrow! :-) However, if I intent to live in the US permanently and have my spouse join me here, that is not the case anymore. My entire life is in the US, not Poland. So, would still think to file an immigrant petition for her right after we get married and before I become a US citizen? Why would you think it is faster? If you look at the visa bulletin current F2A spouse processing timeframe is dated 2004! I truly appreciate your recommendations. I am just trying to figure out the best option here. Not debating anything. Thanks.

Link to comment
Share on other sites

Well, I realize that if I move back to Poland, we can be together in no time. Even tomorrow! :-) However, if I intent to live in the US permanently and have my spouse join me here, that is not the case anymore. My entire life is in the US, not Poland. So, would still think to file an immigrant petition for her right after we get married and before I become a US citizen? Why would you think it is faster? If you look at the visa bulletin current F2A spouse processing timeframe is dated 2004! I truly appreciate your recommendations. I am just trying to figure out the best option here. Not debating anything. Thanks.

If you get married now and file the F2A, the paperwork is already submitted when you naturalize and you can upgrade the existing petition to immediate relative of USC without having to submit an new application. I said is slightly faster just because you don't have to take the time to submit the paperwork again. Once you upgrade, the priority date becomes immediately available.

05/16/2005 I-129F Sent

05/28/2005 I-129F NOA1

06/21/2005 I-129F NOA2

07/18/2005 Consulate Received package from NVC

11/09/2005 Medical

11/16/2005 Interview APPROVED

12/05/2005 Visa received

12/07/2005 POE Minneapolis

12/17/2005 Wedding

12/20/2005 Applied for SSN

01/14/2005 SSN received in the mail

02/03/2006 AOS sent (Did not apply for EAD or AP)

02/09/2006 NOA

02/16/2006 Case status Online

05/01/2006 Biometrics Appt.

07/12/2006 AOS Interview APPROVED

07/24/2006 GC arrived

05/02/2007 Driver's License - Passed Road Test!

05/27/2008 Lifting of Conditions sent (TSC > VSC)

06/03/2008 Check Cleared

07/08/2008 INFOPASS (I-551 stamp)

07/08/2008 Driver's License renewed

04/20/2009 Lifting of Conditions approved

04/28/2009 Card received in the mail

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Poland
Timeline

If you get married now and file the F2A, the paperwork is already submitted when you naturalize and you can upgrade the existing petition to immediate relative of USC without having to submit an new application. I said is slightly faster just because you don't have to take the time to submit the paperwork again. Once you upgrade, the priority date becomes immediately available.

Makes sense what you say; however, what if I wait until my citizenship and then immediately file for K3 visa for her instead of IR1 type? Wouldn't that be quicker? I see US Embassy in Warsaw is processing K3 type visas in 3 months timeframe. The only reason I hesitate to file for her F2A now and upgrade the existing petiotion after I get my citizenship is that I often hear of subsequent problems if something gets updated later whether it is address change or stuff like this.

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline

john and marlene's way is faster for three reasons.

1. If you file now and then upgrade on naturalization, your petition keeps it's original priority date when it moves to the USC "pile" so that you are processed ahead of other USC's who filed after you. . .even though you were a PR at the time of filing. . .

2. If you file now and then become a citizen, your I-130 can already be approved and sitting in the NVC pile just waiting for the visa number to become available which is immediate as soon as you naturalize and upgrade the petition so that you only have to wait for the consular interview as opposed to starting from scratch after naturalization and then have to wait for the USCIS portion before even starting the NVC/consular section.

3. K3 saves no time anymore. . .it used to, but it is pretty much worthless now.

Now, in the meantime she can continue to visit, but traveling with you specifically going through the same line and making a big deal about being the wife or fiance of a US PR would just be crazy.

Since she complies with her visa terms as a rule, it should not be difficult for her to get visas as long as the two of you are not married. After your marriage, it will become very difficult to get. . .as long as she has it, she can still visit you.

The first time she violates that visa, she will have trouble. Do not ever let her lie on the visa application to get it. Many people here have lied after marriage stating they are not married and later get charged with Misrepresentation and cannot get permanent residence to the U.S. because the waiver for that violation is very hard to get.

Link to comment
Share on other sites

Hello - here is our situation:

1. I am on GC eligible to file for citizenship beginning October 2009. Never had a single problem with visa,entry,etc.

2. I am getting married in our home country in June 2009.

3. My soon-to-be wife has a valid tourist visa until July 2009. She has visited me in the US multiple times. No problems ever as well.

4. We are planning on flying back after our wedding to the US. For me it is my return home here as my vacation ends. For her it is her visit with me for summer holidays, as she has a full-time job back in her home, owns apartment, etc.

Therefore, we have plans to approach immigration officer at the POE together (walk in LPR lane), explain to the officer that we have just gotten married and my wife is coming only to visit for two months or so. After that her intention is to return to her home country. We have not filed for her immigration and will not do that until I become a citizen (sometime first half of next year). We definitely will have my wife to return to her home country. No plans on extending her stay, adjusting status, staying illegally etc.

This will be a tough call on the POE Officer. However, since she as visited the US multiple times, and hopefully left before time expired, shows she had the chance to stay and marry in the US, then AOS, if she was out to do that.

She will have documents from her employer that she is employed full time and she has approved vacation request.

Shows "strong ties" to the home country. Are you also including the return ticket? Something showing lease/rent/own home/apartment would be helpful

What if she gets denied entry and is asked to voluntarily withdraw her application for admission to the US? If in a year from now (hopefully) we file for her immigrant visa will she require a waiver then? Any suggestions please!

She will not need a waiver if she is denied entry under these circumstances. She didn't break any laws coming here, legally, (arrive at a POE, submit to inspection)

I would say go for it. She has a valid visitors visa. She has visited to the US before. It's up to the POE people, and if your truthful in your answers, straight forward with them, I think you would have no issues.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Canada
Timeline

Have you watched that new show about the Border Patrol? I lived it. I'm a USC, and I still lived it.

Don't advise him to try to enter the U.S. with his new wife under the claim that if he is "honest and straightforward" they will let him in. This error could cost him YEARS of processing time. All it takes is the officer being suspicious that he's not telling the truth (in this case very likely) and she's on the road to an expedited removal and a 5 year ban, neither of which is judicially reviewable.

I know you mean well, but seriously, this is too big a risk. The way he wanted to do it is just not an option. Too risky.

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Poland
Timeline
Have you watched that new show about the Border Patrol? I lived it. I'm a USC, and I still lived it.

Don't advise him to try to enter the U.S. with his new wife under the claim that if he is "honest and straightforward" they will let him in. This error could cost him YEARS of processing time. All it takes is the officer being suspicious that he's not telling the truth (in this case very likely) and she's on the road to an expedited removal and a 5 year ban, neither of which is judicially reviewable.

I know you mean well, but seriously, this is too big a risk. The way he wanted to do it is just not an option. Too risky.

You guys are ALL awesome. Thank you, thank you, thank you for all your submission. I can sense you all mean well for us. But yes, we are in a sh**ty situation. I have discussed this with my fiancee today. Obviously, she was NOT happy, but very very sad. I love her soooooo much. And I know she does me too. She is the one to keep up with all this shenanigans because of the country we chose to live in. We probably will continue to live apart not to screw this for a longer period of time. Thank you all!

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Sweden
Timeline
Hello - here is our situation:

1. I am on GC eligible to file for citizenship beginning October 2009. Never had a single problem with visa,entry,etc.

2. I am getting married in our home country in June 2009.

3. My soon-to-be wife has a valid tourist visa until July 2009. She has visited me in the US multiple times. No problems ever as well.

4. We are planning on flying back after our wedding to the US. For me it is my return home here as my vacation ends. For her it is her visit with me for summer holidays, as she has a full-time job back in her home, owns apartment, etc.

Therefore, we have plans to approach immigration officer at the POE together (walk in LPR lane), explain to the officer that we have just gotten married and my wife is coming only to visit for two months or so. After that her intention is to return to her home country. We have not filed for her immigration and will not do that until I become a citizen (sometime first half of next year). We definitely will have my wife to return to her home country. No plans on extending her stay, adjusting status, staying illegally etc.

This will be a tough call on the POE Officer. However, since she as visited the US multiple times, and hopefully left before time expired, shows she had the chance to stay and marry in the US, then AOS, if she was out to do that.

She will have documents from her employer that she is employed full time and she has approved vacation request.

Shows "strong ties" to the home country. Are you also including the return ticket? Something showing lease/rent/own home/apartment would be helpful

What if she gets denied entry and is asked to voluntarily withdraw her application for admission to the US? If in a year from now (hopefully) we file for her immigrant visa will she require a waiver then? Any suggestions please!

She will not need a waiver if she is denied entry under these circumstances. She didn't break any laws coming here, legally, (arrive at a POE, submit to inspection)

I would say go for it. She has a valid visitors visa. She has visited to the US before. It's up to the POE people, and if your truthful in your answers, straight forward with them, I think you would have no issues.

I don't think that I would give it a try. Things have really changed in the past 2-3 years... I think that I was about to get denied entry on my last visit. I was lucky enough to get "approved" and let in though!(I was asked where I work and if I have an apartment in Sweden etc)If you really don't want to move to Poland to be with your wife, don't risk it. That's my advice. I know that it different from case to case blah, blah.... But my answer is based on what I have experienced myself and to posts I've read here on VJ.

I remember back in 2007 when I and my soon to be husband were on our way to our wedding.... Well, the guy at the desk(JFK, NYC)was not sure if he would let me through or not. He didn't say this, but he asked me many q's about when I was going to return to my home country and lots of other things. I guess he thought I was going to stay in the US once I had married my then fiance.... And things got worse after this! I'm actually worried about next time I'm going over there. The last time I went to the US, this time to EWR, NJ. I REALLY thought "This is not going well. I will get denied entry and banned!" I was so scared..... The guy at the desk was asking me q's for 10 minutes, something that never happened to me before. He didn't even smile once! I think that he was waiting for me to give him a "wrong answer" to his questions.(September-08) I hope this won't happen again! I will go back to New York in 8 weeks(hubby's back from his deployment) and I'm already nervous! :(

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: Mexico
Timeline

I've come and gone many times with my tourist visa after marriage, actually i got my tourist visa after the marriage, maybe it has to do with particular situations, my husband was about to go to pre deploymet training the first trip, then it was during his 3 days leave before the deployment, then during his 15 days leave during the deployment and then when he came back for good, I never had a trouble until we crossed the border on car fromMexico, we did it twice in fact, and the first time was the only time i was scared, but it was because the officer wanted me to be scared, he asked me questions and tried to tell me that i had overstayed my visa on my first visit, and i told him that he could see all the stamps in my passport proving that I've come and gone never overstaying, the second time was easier, because we got a veteran so as soon as my husband said that he just came back from Iraq it all went smoothly, we explain to them that because he was deployed we didn't want to start the process for the green card, and they totally understood, we even told them that we were gonna start it while i was here and they were ok with that too, I don't know if we were just lucky, but in my experience it's ok to do it

Naturalization

01/09/19 Filled online

01/10/19 NOA date/showed under documents online

01/12/19 Showed online Biometrics appointment had been created

01/15/19 Received NOA in the mail

01/15/19 Biometrics appointment showed under documents online

01/18/19 Received Biometrics appointment in the mail

01/29/19 Biometrics Appointment @Dallas

02/08/19 Interview appointment was scheduled 

03/19/19 Interview @ Fort Smith, AR (passed)

07/04/19 Naturalization Ceremony

 

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...