Will I be in trouble at POE if try to enter on tourist visa even if Immarried to US citizen

[emjay7 0]

Hi to all!

I got married May 2010 but it’s been 6 months since I left the US. My husband didn’t meet the poverty line requirement and can’t find somebody for joint sponsor, so we were not able to file adjustment of status. I decided to go back to my country and just figure things out, coz i dont want to overstay. I finished my OPT (under F1) last May 2010 and left US in July. Up to this moment we are still trying to figure out how he can get me.

He visited me October, and now, we are thinking of me doing the visit on March. I still have a valid tourist visa.

I plan to go on a package tour to New York with my aunt and sister and that is what I will declare at the port of entry. Then I would fly to Texas to see him and stay maybe 2months.

Now, I am worried that I might get in trouble at the port of entry if they find out I’m married. I haven’t changed names nor applied for anything, and I don’t think it will pop up on their records that I am married. Am I right that all they have is just immigration records, and not my marital status? I have consulted a lawyer and she also told me they will never know, but i want to know some experience/knowledge regarding this.

One more thing, if i get to enter the US, the lawyer also mentioned to me that I can apply for AOS after 90 days even if I am already married when I entered US. Yeah, I know it's really not the proper way to do it, but if it can work, why not. I might do it if we finally get someone for joint sponsor. But now i want to know how can I prove that I didnt have the intent to immigrate given I am married when I entered US. Well, I plan to have another consultation regarding this in the future, but it is also nice to hear some knowledge/opinion

Sorry. It is my first time to be in a forum, I don’t know if I stated everything clear and if all my information are enough. Hope somebody can help me. Thank you

[Canadiandggal 49]

Hi to all!

I got married May 2010 but it’s been 6 months since I left the US. My husband didn’t meet the poverty line requirement and can’t find somebody for joint sponsor, so we were not able to file adjustment of status. I decided to go back to my country and just figure things out, coz i dont want to overstay. I finished my OPT (under F1) last May 2010 and left US in July. Up to this moment we are still trying to figure out how he can get me.

He visited me October, and now, we are thinking of me doing the visit on March. I still have a valid tourist visa.

I plan to go on a package tour to New York with my aunt and sister and that is what I will declare at the port of entry. Then I would fly to Texas to see him and stay maybe 2months.

Now, I am worried that I might get in trouble at the port of entry if they find out I’m married. I haven’t changed names nor applied for anything, and I don’t think it will pop up on their records that I am married. Am I right that all they have is just immigration records, and not my marital status? I have consulted a lawyer and she also told me they will never know, but i want to know some experience/knowledge regarding this.

One more thing, if i get to enter the US, the lawyer also mentioned to me that I can apply for AOS after 90 days even if I am already married when I entered US. Yeah, I know it's really not the proper way to do it, but if it can work, why not. I might do it if we finally get someone for joint sponsor. But now i want to know how can I prove that I didnt have the intent to immigrate given I am married when I entered US. Well, I plan to have another consultation regarding this in the future, but it is also nice to hear some knowledge/opinion

Sorry. It is my first time to be in a forum, I don’t know if I stated everything clear and if all my information are enough. Hope somebody can help me. Thank you

1)YOu should Never lie,so tell the truth however you do not need to tell them your life story just answer their questions.

To my knowledge You CANNOT AOS once you have married and then left the country, You would have had to adjust status when you first got married.( I could be wrong but it definitely sounds like it is not a good idea to even try that.) You Can do the cr-1 option which will take approximately 8-10 months, this is for spouses that live outside of the US.

Bring lots of ties to your home country, I am sure someone with more knowledge will be able to help some more.

Good luck

[emjay7 0]

1)YOu should Never lie,so tell the truth however you do not need to tell them your life story just answer their questions.

To my knowledge You CANNOT AOS once you have married and then left the country, You would have had to adjust status when you first got married.( I could be wrong but it definitely sounds like it is not a good idea to even try that.) You Can do the cr-1 option which will take approximately 8-10 months, this is for spouses that live outside of the US.

Bring lots of ties to your home country, I am sure someone with more knowledge will be able to help some more.

Good luck

Yeah, I want to do everything in proper way. I won't lie about my marriage, but I would want to know if they will know right away at the POE that Im married and will suspect of intent to immigrate. Although I am really going on a tour, I wont mention about the Texas flight if they dont ask. And if they do ask if I am married, what is the safest answer to prove that I dont plan to stay. Is saying we will file a K3 visa in the future or what

thanks

[YuAndDan 153]

1)YOu should Never lie,so tell the truth however you do not need to tell them your life story just answer their questions.

To my knowledge You CANNOT AOS once you have married and then left the country, You would have had to adjust status when you first got married.( I could be wrong but it definitely sounds like it is not a good idea to even try that.) You Can do the cr-1 option which will take approximately 8-10 months, this is for spouses that live outside of the US.

Bring lots of ties to your home country, I am sure someone with more knowledge will be able to help some more.

Good luck

Yep, you hit all the points. It is a CR-1 or even an IR-1 if married 2 years at time of visa issuance.

Can always try to visit on a B-2 visa, but the embassy assumes immigrations intent in all tourist cases so will need to provide solid evidence to convince them otherwise, being married to a US citizen is strong evidence of immigrations intent. Also entry to the USA already married to a US Citizen on a B-2 and then adjusting status is clear cut visa fraud, they can and do deny AOS for this.

Do the right thing, have US Citizen spouse file an I-130 petition for a spouse visa.

Moving this one to Immigrations visa forum.

[Deputy Purple 1,294]

While what you are thinking of doing is immigration fraud USCIS needs something more than your preconceived intent at POE to deny AOS.

If you are asked about the purpose of your visit and you state it's the packaged tour but you shortly abandon that tour to join your husband don't you think that is material misrepresentation? If you honestly answered "To visit my husband" they probably wouldn't admit you.

Now fast forward to AOS, they'll see that your stated purpose was the packaged tour but you instead went straight to Texas. Do you know what the consequence is if you are charged with Material Misrepresentation? It is a lifetime re-entry ban!

Why would you play Russian Roulette with your future life that? What you should do is have your husband file I-130 and while that is processing he can look for better employment/income and/or secure a co-sponsor. Once the I-130 hits NVC you have up to 1 year to complete the NVC process.

[Krikit 1,164]

One more thing, if i get to enter the US, the lawyer also mentioned to me that I can apply for AOS after 90 days even if I am already married when I entered US. Yeah, I know it's really not the proper way to do it, but if it can work, why not. I might do it if we finally get someone for joint sponsor. But now i want to know how can I prove that I didnt have the intent to immigrate given I am married when I entered US. Well, I plan to have another consultation regarding this in the future, but it is also nice to hear some knowledge/opinion

As others have stated, It is a TOS violation for any member to condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method. You can always ask your questions at the CBP - Ask Questions page.

I am going to move this thread to General Immigration Discussion since it's all over the board with various type questions. Sorry for the double move.

[emjay7 0]

While what you are thinking of doing is immigration fraud USCIS needs something more than your preconceived intent at POE to deny AOS.

If you are asked about the purpose of your visit and you state it's the packaged tour but you shortly abandon that tour to join your husband don't you think that is material misrepresentation? If you honestly answered "To visit my husband" they probably wouldn't admit you.

Now fast forward to AOS, they'll see that your stated purpose was the packaged tour but you instead went straight to Texas. Do you know what the consequence is if you are charged with Material Misrepresentation? It is a lifetime re-entry ban!

Why would you play Russian Roulette with your future life that? What you should do is have your husband file I-130 and while that is processing he can look for better employment/income and/or secure a co-sponsor. Once the I-130 hits NVC you have up to 1 year to complete the NVC process.

I will really be going on a tour with my aunt and sister, and I am hoping they would have no questions for me since I was in US for almost 4 years,its gonna be my aunts first time and 2nd time for my sister. I am just being ready in case they find something suspicious with the travel. My real intention is to really go on a vacation, although I am also planning to to see my husband. I am just worried about my marital status. I wont really overstay coz, Ive done everything in the proper way and thats how i want to do it. I just wish that i would b able to stay though. If lawyer will say its impossible and risky, I would definitely go home. Now the problem is how would they believe me that i dont have plans of staying.

I know its complicared, sorry guys, help

[Deputy Purple 1,294]

I will really be going on a tour with my aunt and sister, and I am hoping they would have no questions for me since I was in US for almost 4 years,its gonna be my aunts first time and 2nd time for my sister. I am just being ready in case they find something suspicious with the travel. My real intention is to really go on a vacation, although I am also planning to to see my husband. I am just worried about my marital status. I wont really overstay coz, Ive done everything in the proper way and thats how i want to do it. I just wish that i would b able to stay though. If lawyer will say its impossible and risky, I would definitely go home. Now the problem is how would they believe me that i dont have plans of staying.

I know its complicared, sorry guys, help

Like I said your best bet is for him to file the I-130 (maybe he can send it in the day you land so it isn't in their system) and spend as much time with him in the US a possible, not overstaying the I-94 you are issued upon entry. Know that if they ask & you admit you are married to a USC they will probably deny your entry. On the other hand if you lie about being married and file for AOS or CR/IR-1 then you can be charged with Material Misrepresentation for the lie to CBP.

When your I-94 expires then you can return home for the rest of the wait without the risk of being banned. This is a lot better situation than most of us with Asawa from the Philippines.

Something to understand about lawyers (and actually advice from anyone else) is that you are one who's future is on the line here. Ask yourself what would you do if the worst happened (charged with Material Misrepresentation & lifetime entry ban without waiver) could you live with that. Then your next question is can you live with the risk even if it is only one quarter of a percent (0.25%) that it will happen to you when there is an option that would eliminate that risk all together?

I personally wouldn't chance it when there is a way to eliminate all risk but there are others who would.

[thekfc 26]

I agree with what Bob 4 Anna is saying: file the I-130. the longer you wait - the longer it will take.

Also tell the truth at the POE because if you are caught with a misrepresentation/lie that can result in a lifetime ban - meaning that if you are caught lying/misrepresentation & given a lifetime ban you will NEVER be allowed into the United States again. That is a chance that you DO NOT want to take. This is worst than Russian Roulette - you are talking about your future here.

[Amy and Nick 37]

If you say that you are going ton a holiday, and they ask you a question that makes you reveal that you are married to a US citizen, they may see it as a red flag that you are trying to hide something. I would be honest. Always honest.

Take plenty of ties to your home country to prove you will return.

With regards to AOS. It would be PRETTY impossible to prove that you had no intent to immigrate when you are married to a USC. Tie this witht he fact that you have just stated it IS your intention to go and AOS, you are treading a very fine line which will more than likely end up with a ban. Take it the proper route and file for a CR-1

[emjay7 0]

Thanks to all. I would definitely would do the safest way. Thanks

[NigeriaorBust 4,087]

Unless your spouse has fixed the income issue there is still no way for a CR1 or AOS to be approved. The income level is the same no matter how it is filed.

[leahandlucas 15]

BEFORE we all jump the gun with "POE"...why dont we start with the actual application of a tourist visa where it asks if she is "married", to who and the status of that person?....the consulate would maybe/maybe not deny it...but she just needs to be truthful..

[Boiler 45,486]

She said she has a B2, so application is not an issue.

As far as those who adjust from a B2:

There is no 90 day time line, I would not trust a Lawyer who said that.

You do not have to prove you had non immigrant intent, it would be extremely rare for the issue ever to come up.

[Jojo92122 1,924]

If asked if you have any relatives in the US at the POE, you must disclose that you have a husband in the US. You could be denied entry.