coming to usa after marrying to us citizen on b1 visa

[desuka123 0]

dear fellows i came to usa on b1 visa in 2008 which is good for five years .at port of entry they gave me three months visa after a long interrogation and oath..i compiled with the visa and left usa within 10 days...then i went to japan and unfortunately overstayed there and left japan on my own free will under departure order ..never arrested or deported ....however i am banned to go to japan for 1 year .....i wanted to go to usa again on the same visa my question is that can i be denied visa at POE coz i overstayed in japan? i have read that u cant come to usa if u have been arrested or have criminal conviction however i dont have both of them but is it as serious as cirminal conviction please answer my question i am worried ..please note that i am from bangladesh and before japan i have travelled to 9 other countries including france germany uk and other i never overstayed...please answer

[desuka123 0]

PS>the subject of the question is gaining entry in usa

[christera22 8]

As far as I know Your overstay in Japan has nothing to do about entering here. US is concerened if you have overstayed the 3 months given to you ...if not, then you are fine.

Now I am confused that your title to this thread says Coming to Us on B1 Visa after Marrying USC. If you have done that during your last visit here then you cannot return in normal process with B1. You have to go for K3 or IR-1/CR-1. During the processing of those visas you can apply for B1/B2 and can come for a visit.

But as I see you say the subject is corrected to be Gaining Entry into US.

2ndly why did they interrogate you and make you take oath at the Post of entry during ur visit to USA. What kind of oath was that ??

Pls write in detail so that other senior members & me can help you .

Thanks

Edited March 13, 2009 by christera22

[desuka123 0]

christera thanks for answer ...they said to me that i fall in special registration procedure and would be interviewed separetely and has to take oath before answering their question ...i think they did that because i am from bangladesh. u know harrasment thats why i left usa within 10 days...are u sure they cant deny entry on the basis of above reason..please answer

[christera22 8]

US immigration and POE officers are not at all concerned about ur overstay at Japan. They swipe ur passport and they know what u have done during ur last visit in USA. What they are concerned about if you have overstayed ur last visit and if you are on list of terrorists under FBI, Interpole etc. I mean they see if you have overstayed here earlier or if there is any arrest warrant on ur name or not.

The countries under Special Registration are :

Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Saudi Arabia, Sudan, Syria, Qatar, Somalia, Tunisia, United Arab Emirates, Yemen

You can learn more about Special Registration at http://www.ice.gov/pi/specialregistration

Thanks

Edited March 13, 2009 by christera22

[Penguin_ie 5,993]

They probably won't even know about the Japan overstay and it won;t factor into the decision on whether you can enter the USA.

However, as you are married to a USC (? based on your topic title), and have been stopped before, you do have a higher chance of being stopped and possibly denied.

[christera22 8]

They probably won't even know about the Japan overstay and it won;t factor into the decision on whether you can enter the USA.

However, as you are married to a USC (? based on your topic title), and have been stopped before, you do have a higher chance of being stopped and possibly denied.

True on what Penguin says if you have married and left usa and trying to return. But the OP has already said in his second post that the title shd be Gaining entry in usa .

Edited March 13, 2009 by christera22

[desuka123 0]

but last time when i went they ask me questions like have i ever been deported or force to leave the country..?should i say no coz i never deported and japanese didnt force me to leave i left on my own will under departure order system which states as follows The Departure Order System is applicable if... A foreign resident who stays in Japan beyond the authorized period of stay will voluntary appeared at a regional immigration bureau and comes under all of the following requirements:

1>The foreign resident wishes to go back to his/her home nation at an early date

2>The foreign resident does not come under any of the grounds for deportation other than illegal stay;

3>The foreign resident has never been sentenced to imprisonment with or without labor ona charge of larceny or other prescribed crimes after entering Japan;

4>The foreign resident has no past record of deportation, nor that of departure under a departure order;

5>The foreign resident is able to prepare his/her airline ticket for returning home.

now the irony is my american visa is just at the back side of my japanese visa and i dont want to misrepresent my self if they ask me about it and i think they surely will then what are my chances..will it be a plus point that i left usa after 10 days after being admitted for 90 days last time when i travelled? please imagine urself as immigration officer and then reply bcoz i know it very much depends on an individual officer ...thanks ...please do reply

[christera22 8]

Ok here is it .

If they at all look at the Japanese visa ( which I have high doubts they wd look at or not ) and ask about ur overstay , say the truth. Lever lie to a POE officer. Now pretty much as i can assume ur passport has several visas as u said u have visited several countries. When you hand over you passport to the POE officer its pretty much the invisible rule that you shd insert the filled I-94 form inside the requored the US visa page and hand it over and they wd look into it only. They seriously lac in time. Even if they know that I dnt think its a problem for you as i said and others have said too that they are only concerned if you have overstayed in usa during ur last visit & if u have a criminal record.

Yes ! of course its a plus point that you have left much ahead of ur visa expiery date last time and you can say that to the officer. It counts and is a advantage for you. But dnt say anything apart from what they ask for . Hope this helps.

[Bobby+Umit 161]

You still haven't answered the question.

Are you married to an US citizen now?

Or are you planning on coming here on your visitors visa to marry?

which is it?

I believe your question about the overstay from Japan was answered above.

[justashooter 430]

Coming to US on a B1 after being married to a USC could be difficult, as there is a presumption that you would stay and try to AOS. Doing so would be considered immigration fraud, and an unlawful use of the B1 visa.

[FRJ 0]

Coming to US on a B1 after being married to a USC could be difficult, as there is a presumption that you would stay and try to AOS. Doing so would be considered immigration fraud, and an unlawful use of the B1 visa.

why did you leave after 10 day?

[desuka123 0]

i left within 10 dayz because i thought that was it...i visited what i wanted to