Over Stay Tourist Visa and Possible Banned

[Tom Olsson 0]

Hi,

I have a complicated issue that I am hoping I can get some insight into.

I have a girlfriend in Thailand and we have been dating for 2 years. We have been traveling forth and back every few months to see each other. She is coming here and I am going there.

I myself have a Green Card (for 4 years) and planning to apply for citizen ship in 1 year.

So, my girlfriend was here earlier this year for two weeks in July.

She came in yesterday, and it was our plan to have her staying 6 monhts. I am going on a road trip from Oregon to Florida and back, and she was going to go with me and stay in my traveltrailer. I also have some lectures on the way so its kinda semi work.

We have no intention to marry at this point (we wanted to see how it went these months, and then maybe I would file for fiancee visa when I become a us citizen)

She was just going to stay here for the ride. Parently, the Immigration Officer thought otherwise and brought her in to a room and asked her a lot of questions. He said he didn't believe her story. He also called me on the phone and said he didnt believe our story and what would happen if I had an argument with her... asked me if I was going to marry her or if she was going to work here.

He was asking the questions in between a lot of other rubbish he talked about. He got really angry and said "This is no Joke, I will send her back today, this is serious!"

Parently, he told her why is she lying, look in my eyes.. and he parently raised his voice. And it was an unpleasant experience for her. They took her luggage apart and found her Birth co Pills.. and talked openly about it with each other.. asking her why is she taking this.. its bad for you.. and bla bla..

I waited outside for 4 hours and she did end up coming out crying. He had given her only 3 months stay, and written on the White Note in her passport NO AOS, COS, EOS whatever that means... he also told her she would not be able to get back in for 8 months. (Does that mean she is banned?)

Anyway, I am sure I am in a better position than most people on this forum, but I am asking for what is the best course of action from here on.

1. Obviously, we were suppose to stay together for 6 months to see if it would work out with us in the future or not. Is there anyway for her to stay 6 months? Either by overstay or go to the Mexican border or back?

2. So, the best action is to have her go back in 3 months. Wait until I have citizenship and file for Fiancee visa?

I probably know the answer, but, I feel stupid that I did not know better. She have been her 4 times already so I did not think it would be a problem. And I feel bad for letting her go though something like this. She does not feel good about USA now for how they treated her. She even asked them, if she is a criminal?

Please let me know your advice in this situation...

[payxibka 10,045]

AOS = Adjustment of Status

EOS = Extention of Stay (status)

Going to the Mexican border won't work as the I-94 is not reset unless you at least leave the WHTI area....

Since we live in a computerized world, all POE's will have access to these notations whenever she tries to return

She is not banned (if she was they would not have allowed entry and would have turned her back)... they are indicating they are at a minimum concerned that she is over using her visiting priveleges and/or are concerned she might not leave

Edited October 29, 2009 by payxibka

[Carlawarla 1]

Your girlfriend will not be able to stay her intended six months, and will have to return in 3. The indications in her passport are basically telling her, and anyone else in authority looking at her passport that she can't attempt to stay longer, or try and adjust her status while here.

So, in essence, she can stay for three months. She's lucky that they still let her through! Enjoy your time together now. Visit her until you get your Citizenship and then apply for the K-1.

Sorry she had such a bad experience at the border, however it appears that they think she's coming to visit too often and are afraid she's going to try and immigrate. She's not "banned".

[canadian_wife 1,822]

No she is certainly not banned, they would not have let her in if she was banned.

It sounds like your plan of simply overstaying and disregarding what the CBP wrote and specificially indicated on her passport is foolish - she should return in 3 months and be happy that she was granted entrance.

I am sorry for her situation, but I also wouldn't do anything to make the situation worse or mess up things for your K-1 application in the future.

It sounds like the 8 months thing means once she leaves, she cannot attempt to re-enter the US for 8 months. Trying to do otherwise is also foolish as trailmix said - all the computers are linked so if she leaves it will show up that she left and have the CBP's reccomendation of waiting 8 months before trying to re-enter. That may leave her stranded in an unfamiliar place.

Good luck.

[Chica Yeyé 41]

Plus she will not be able to cross into Mexico without a tourist visa; not easily granted to a single Thai woman.

Don't play with fire. Enjoy your 3 months together; and later on you can file for the K-1.