Will My Wife Need a Waiver in this case?

[Mrs. Diaz 1]

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

I think that the major reason I was let in, was the fact that my husband is a vet.(USMC) Probable because many of the TSA people have a past in the military themselves... I don't know if it is easier now days to cross the border by car, than getting into the country through the airports? I doubt that.... It all depends on what mood the officer is! Anything can happen... Might get lucky, might not.... For the people who can't take the risk, don't! There is always a chance you will get denied and possible banned for years. I will go to NY in April and hope for the best. But if that happens my husband will move to my country, so it's not a big deal for us really....

[Bobby+Umit 161]

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 are incorrect. There is NO WAY she would suffer a 5 year ban for telling the truth. If they don't allow her entry, she will be turned around and sent back without prejudice. Look it up.

It will not cost any processing time. She has a valid VISA. That means something.

I just bounced this against my ICE buddy, he agrees with what I said.

They may have a longer interview, but if they answer honest - they will probably have no problem.

However, if she LIES then she can be subjected to harsh penalties.

Plenty of people come here, in the same conditions as the OP, and have no issues at all.

And this isn't "Border Patrol" - you know they edit that to show only the bad cases, not the cases where they get passed through...

[Bobby+Umit 161]

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"

But you were approved, which proves my point.

My own Fiancee has traveled here during our K-1 visa, and she even told the POE officer she applied for the K-1, and they gave her 6 months to stay here.

ICE is not the "bad guys". Yes, sometimes they get "heavy", but most of the time, they are pretty straight forward and look at things in a logical manner.

If the OP is still worried, make an appointment with the Embassy in Poland and discuss it with them.

Ultimately, it is up to the POE officer if they will let you in or not.

You can have all your paperwork in order, and still get denied, or sometimes, Lie and make it though, then stay in the US illegally.

[Bobby+Umit 161]

To the OP - go to this link - State Department Visa Info

[emt103c 10]

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 are incorrect. There is NO WAY she would suffer a 5 year ban for telling the truth. If they don't allow her entry, she will be turned around and sent back without prejudice. Look it up.

It will not cost any processing time. She has a valid VISA. That means something.

I just bounced this against my ICE buddy, he agrees with what I said.

They may have a longer interview, but if they answer honest - they will probably have no problem.

However, if she LIES then she can be subjected to harsh penalties.

Plenty of people come here, in the same conditions as the OP, and have no issues at all.

And this isn't "Border Patrol" - you know they edit that to show only the bad cases, not the cases where they get passed through...

You obviously have not experienced this situation. It all depends on who you get at the POE, and it is too big of a risk to try this in the manner he stated originally. She CAN STILL VISIT, they just have to be smart about it.

"no prejudice" is a joke.

Read about Expedited Removals, live one, and then come back. I-212's take a long time to process.