Visiting my husband in the US- will i have to prove non immigrant intent at the interview?

[utopia2004 2]

Hi, im on a 2 month visit in the US with my husband while the Cr1 is in the process (haven't received the NO2 yet). I will return in 1 month.

I have read many threads on here that said you can visit while in the process but you should take ties to the UK etc, and dont have to volunteer information unless asked for it. I took some ties, a letter from volunteering and a job offer.

My POE was a breeze, i said im visiting my husband, and they didn't ask me anything else!

A friend has just told me that her lawyer told her this:

" in the visitor waiver program and yes a visit is theoretically possible. The problem is that you have both immigrant and non-immigrant intent therefore immigration can always argue (maybe not now but later) that you made a material misrepresentation or admission when you last entered on visa waiver program. The risk remains as they could make an issue later when you go for your immigrant visa and they see in your passport that you visited as a visitor. I have seen embassies deny immigrant visas or require individuals to obtain proof they did NOT make a misrepresentation or omission when entering, which of course is impossible to do''

The lawyer said- that he has seen people denied because of this.

WHAT.. even though they returned home- so doesn't that show non immigrant intent????

So id like to hear from people who visited and weren't asked this at the embassy (esp the London embassy)?

[pushbrk 12,994]

Hi, im on a 2 month visit in the US with my husband while the Cr1 is in the process (haven't received the NO2 yet). I will return in 1 month.

I have read many threads on here that said you can visit while in the process but you should take ties to the UK etc, and dont have to volunteer information unless asked for it. I took some ties, a letter from volunteering and a job offer.

My POE was a breeze, i said im visiting my husband, and they didn't ask me anything else!

A friend has just told me that her lawyer told her this:

" in the visitor waiver program and yes a visit is theoretically possible. The problem is that you have both immigrant and non-immigrant intent therefore immigration can always argue (maybe not now but later) that you made a material misrepresentation or admission when you last entered on visa waiver program. The risk remains as they could make an issue later when you go for your immigrant visa and they see in your passport that you visited as a visitor. I have seen embassies deny immigrant visas or require individuals to obtain proof they did NOT make a misrepresentation or omission when entering, which of course is impossible to do''

The lawyer said- that he has seen people denied because of this.

WHAT.. even though they returned home- so doesn't that show non immigrant intent????

So id like to hear from people who visited and weren't asked this at the embassy (esp the London embassy)?

If I were in your shoes, I would consider this a non-issue and enjoy your visit. Nothing to see here. Move along. Really.

[jingo 38]

Entering to visit your husband on VWP is non-immigrant intent because you didn't intend to immigrate on that trip. I dont see it being a problem. It would be a problem if you entered and never left and got married there claiming the marriage was impulsive but knowing you had intended it all along - thats misrepresentation.

Besides how do you think we long distance couples are supposed to prove we are in real relationships if we can't visit each other?

I really wouldnt worry about it.

[JaNiMi 0]

I heard about so many people did the same thing...and didnt get in trouble for it...i visited my husband too, for 5 weeks....

[dings 1]

what do you all think, when the case is difficult enough already ... would you in that case rather not risk this additional difficulty (as the lawyer says it might become & since he says he seen people getting denied for this) ?

[Virginian61 1]

As long as you do go home after the visit and you don't lie to the officer at the airport I think you're fine. I've heard of people even being issued visitor visas for this purpose. The consular people know that the IV process takes forever.

It's good if you can also show ties to your home country such as having a house, job etc.

[Deputy Purple 1,294]

If you are returning to your home country for the interview for your immigrant visa how can anyone say you misrepresented your intent for your visits? BTW, the Immigrant Intent for CBP isn't an all encompassing from now until the end of time intent. It is your intent for this trip.

This will not be a problem for you. The lawyer saying he has seen it cause problems for someone who entered on VWP and returned without violating the terms of VWP is flat-out lying.

[pushbrk 12,994]

If you are returning to your home country for the interview for your immigrant visa how can anyone say you misrepresented your intent for your visits? BTW, the Immigrant Intent for CBP isn't an all encompassing from now until the end of time intent. It is your intent for this trip.

This will not be a problem for you. The lawyer saying he has seen it cause problems for someone who entered on VWP and returned without violating the terms of VWP is flat-out lying.

I suspect it's a misunderstanding of what the lawyer said or some detail has been left out or missed. If somebody visiting on the VWP were to make an actual misrepresentation at the border it would not be the visit but rather the misrepresentation that causes a later visa denial. Yes, that can happen but simply failing to declare that you have eventual immigrant intent on a later visit is not a misrepresentation.

A misrepresentation would be something like this.

CBP: Where will you stay during your visit?

Applicant: With John Doe.

CBP: What is your relationship to John Doe?

Applicant: He is a friend.

In this example, John Doe is the applicant's husband, not friend. If this lie were discovered, it would likely be found as a material misrepresentation because had a truthful answer been given, it may have resulted in denied entry.

My suggestion is to give a generic truthful answers to general questions, but be prepared to give specific truthful answers to specific questions like the one above. Bring evidence of ties to the home country, including evidence of where you are in the immigrant visa process, like NOA1, NOA2, receipt for AOS fee payment etc. Let them know you're coming for a visit but will be returning home for the interview and spouse visa. Chances are, no such specific questions will come up. Giving generic TRUTHFUL answers would not be misrepresentation. Lying about specific questions IS misrepresentation. Whether MATERIAL or not depends on whether the CBP officer's decision would have been different if they had the truth instead of the lie.

[dings 1]

thank you !!

do the CBP's type in your answers somewhere (bc i don't remember they ever took a note of an answer i gave before) - or how at all can they prove you made misrepresentation ? though the lawyer says it's the other way round: it's YOU who has to prove you did state everything clear and honest. which obviously is impossible to do. unless you could like prepare a paper and have the CBP sign and stamp it - which i doubt, anyone would do so !?

here i paste the entire email the lawyer had sent me - so you see if we had left out anything important:

We are in the visitor waiver program and yes a visit is theoretically possible. The problem is that you have both immigrant and non-immigrant intent therefore immigration can always argue (maybe not now but later) that you made a material misrepresentation or admission when you last entered on visa waiver program. The risk remains as they could make an issue later when you go for your immigrant visa and they see in your passport that you visited as a visitor. I have seen embassies deny immigrant visas or require individuals to obtain proof they did NOT make a misrepresentation or omission when entering, which of course is impossible to do.

If you do decide to risk it. I would make sure to tell the officer that there is a pending immigrant visa waiting for you and you know that you need to return to obtain in the consular processing but that you just came in the meantime for a visit. However, please note that by doing so, you may be risking a quick turnaround flight home.

Edited August 5, 2011 by dings

[JaNiMi 0]

as far as i understood this situation, she is already in the states and with her husband, so she went through the customs already...there is no problem further...

[dings 1]

as far as i understood this situation, she is already in the states and with her husband, so she went through the customs already...there is no problem further...

yes - but my worry actually is that the lawyer says it can cause you problems later even - when you're back in your country !

it was my lawyer who wrote that to me (i am that friend of utopia) - and i was planning to visit, but now i am feared to do so .... because my case is difficult enough already.

[JaNiMi 0]

yes - but my worry actually is that the lawyer says it can cause you problems later even - when you're back in your country !

it was my lawyer who wrote that to me (i am that friend of utopia) - and i was planning to visit, but now i am feared to do so .... because my case is difficult enough already.

hmm, i guess...i went to see my husband too, before we got married and after...im just trying to understand why? i am writing in another forum too, that subject never came up there, they all went to see their spouse since the visa needs so long. plus in the form ds-230 they ask when you went to the states, for how long, where and what kind of visa. i would like to know the circumstances, why they would deny a visa just because of a short visit in the states....

[pushbrk 12,994]

thank you !!

do the CBP's type in your answers somewhere (bc i don't remember they ever took a note of an answer i gave before) - or how at all can they prove you made misrepresentation ? though the lawyer says it's the other way round: it's YOU who has to prove you did state everything clear and honest. which obviously is impossible to do. unless you could like prepare a paper and have the CBP sign and stamp it - which i doubt, anyone would do so !?

here i paste the entire email the lawyer had sent me - so you see if we had left out anything important:

If they only ask generic questions and pass you through, then the questions and answers are not recorded. It's when they get into specifics that notes are taken.

[dings 1]

If they only ask generic questions and pass you through, then the questions and answers are not recorded. It's when they get into specifics that notes are taken.

oh... but wouldn't it then maybe even be better when it gets into specifics - that's what the lawyer recommends - so it's clearly recorded that i been all honest about everything ? like if they want to pass me through - i maybe better insist to have it recorded... ?

[dings 1]

hmm, i guess...i went to see my husband too, before we got married and after...im just trying to understand why? i am writing in another forum too, that subject never came up there, they all went to see their spouse since the visa needs so long. plus in the form ds-230 they ask when you went to the states, for how long, where and what kind of visa. i would like to know the circumstances, why they would deny a visa just because of a short visit in the states....

honestly, i don't understand it either ... but since my case is difficult enough - i'm kinda freaking out now