GERMAN/AMERICAN COUPLE SEEKING INFO ON NON-IMMIGRANT VISA~

[BETTYB 0]

Hello Everyone...

This is my first posting on this website (which my best friend referred me to).

My fiance is German. He traveled to the United States about 7 months ago to visit a friend. While here, he overstayed the 90 day period given to visit. He ended up turning himself in and returning to Germany.

The individual that he spoke to here in the US as he was leaving to return to Germany, told him that he wasn't under arrest, nor was there any 'crime' involved. No misdemeanor, etc.

He flew here to Boston last Thursday, October 15, 2009 and was denied entry by the Immigration Department at the airport. They sent him back to Germany with no entry, an Officer telling me that he was not allowed to enter due to his overstaying in the US on his last and only visit.

Upon returning to Germany this time around, an Immigration Officer here at Logan Airport told him to contact his local Consulate/Embassy/Immigration Department to begin the process of what needs to be done in order for him to return to the US without any issues.

He has done so, the German Government checking his criminal records, etc. They have told him that he has cleared that without any problems, no record, criminal or otherwise.

We are now trying to figure out what our next step is.

We want him to be able to return to the US ASAP, the lawful and correct way. At the moment, we want him to be able to get here and then we will continue the process up until we marry.

Does anyone have any advice about this matter so that we can have all of the proper documentation in order, any fees we may need to pay, etc?

By going to other websites, it appears just to simply fill out forms and apply costs in upwards of $300.00 + dollars.

He was not turned away due to any federal criminal charges per se, simply that he overstayed last time around.

Do our chances look good considering I have a very stable job and income, own property, am current on my mortgage without any issues, do not owe the IRS any taxes, and have no criminal record?

Thank you to anyone and everyone who may have some advice for us.

As all of you are, we are in love and simply want to be together at this point before we go onto the Fiance Visa and more forms and paperwork.

Thank You again!

Most Sincerely!Entry into the US

[Eveline 9]

I'm sorry to hear that your fiance got denied entry into the US. He overstayed the visa waiver. It is very unfortunate he got caught but shows that the system - sometimes - works. I know a girl who overstayed by a year and had zero problem reentering the US this year on the visa waiver.

Anyway. Your fiancee has to make an appointment with the nearest consulate in Germany and apply for a B Visa. This is a non immigrant visa, allowing him to stay for up to six months. Having overstayed a former visa waiver (VW) AND getting sent back to Germany means that for EVERY upcoming trip to the US he'll need that B Visa. Even if he gets the visa, there's no saying whether he' can enter the US or not, it's up to the immigration officer but having a visa, he will have a pretty good chance. The only problem now is that he will have to bring so called binding ties when he applies for the B Visa. Binding ties can be anything that shows that he will return back to Germany, be it a lease agreement, a letter from his boss that he is to be expected back, letters from parents, a statement from school, gym etc. The more he has, the better. Also, he has to show proof of financial means. He's got to have enough money to support himself for the time he wants to stay without anybody's help or work. I would not tell anyone that he has a fiancee waiting on him in the US because that might seem like he wants to illegally immigrate.

http://germany.usembassy.gov/germany/visa/visitor_visa.html

That is all I can think of right now. Good luck. Hope it helped a little bit.

[Chica Yeyé 41]

No need to double post. Your question was answered here already:

http://www.visajourney.com/forums/index.ph...=224745&hl=

Requesting a moderator to merge double threads.

[BETTYB 0]

thank you to all of you who have taken the time to read and respond! )))

WOW!

[Laura J. 0]

I can only imagine how hard it was when he got to Boston only to be refused entry!

Hate to be the bearer of bad news, but be prepared. Your fiance must prove that he has every intention of returning to his country and that is very difficult unless he owns a business or property, or has small children that he supports.

My fiance, also from Germany, has applied twice for a B visa, and was denied both times. Even with a letter from his boss, his bank, his family, etc. The first time he applied was not because he "had" to, it was just so he could stay longer than 90 days. Like you, we just wanted to be together. What we did not know was that once a visa is denied, you can never enter with the visa waiver program again. If only we had known that! It is not easy to get a B visa. Unfortunately, everyone applying for a visa is a suspected illegal immigrant, and it is the Embassy's job to prevent that occurance. They only have a few minutes to look at your paperwork and make their decision. They will ask him a lot of questions about where is staying and what he is going to do here. Aliens are not supposed to "live" in the US, just visit or travel. There has to be a very good reason to be here for six months. They will also ask him why he was denied entry to the US. Did he get a copy of his transcript at the refusal?

There are a few different ways that you can be refused, and it's important to know how they did it.

Eveline is correct - even if he gets a visa, it is still the decision of the officer at the border whether he will be admitted. If he gets the visa and you want to be sure you get to see him, may I suggest having him fly into Canada. You could meet him there and spend some time together. He could then cross into the US via a land bridge. We find the border crossings there much different than at the airports.

Hope this helps - Good luck.

[iowaseabee 0]

I can only imagine how hard it was when he got to Boston only to be refused entry!

Hate to be the bearer of bad news, but be prepared. Your fiance must prove that he has every intention of returning to his country and that is very difficult unless he owns a business or property, or has small children that he supports.

My fiance, also from Germany, has applied twice for a B visa, and was denied both times. Even with a letter from his boss, his bank, his family, etc. The first time he applied was not because he "had" to, it was just so he could stay longer than 90 days. Like you, we just wanted to be together. What we did not know was that once a visa is denied, you can never enter with the visa waiver program again. If only we had known that! It is not easy to get a B visa. Unfortunately, everyone applying for a visa is a suspected illegal immigrant, and it is the Embassy's job to prevent that occurance. They only have a few minutes to look at your paperwork and make their decision. They will ask him a lot of questions about where is staying and what he is going to do here. Aliens are not supposed to "live" in the US, just visit or travel. There has to be a very good reason to be here for six months. They will also ask him why he was denied entry to the US. Did he get a copy of his transcript at the refusal?

There are a few different ways that you can be refused, and it's important to know how they did it.

Eveline is correct - even if he gets a visa, it is still the decision of the officer at the border whether he will be admitted. If he gets the visa and you want to be sure you get to see him, may I suggest having him fly into Canada. You could meet him there and spend some time together. He could then cross into the US via a land bridge. We find the border crossings there much different than at the airports.

Hope this helps - Good luck.

My fiancee was refused entrance in November 2008 at Chicago. It was long before we filed our I129f but she had been turned down on a student visa a few months earlier because of not enough ties to Germany.