Problem at US Immgration

[keyto 0]

Hello all, sorry for this long post but I really need some advise for a situation I'm in right now (sending in K1 Visa application very soon)

I'm have been traveling to USA for 4 times to visit my fiancé when I have my school holidays. My visits usually last for 1 month (happened twice), 2 months and 3 months respectively.

I was stopped on my 4th visit at the immigration by an officer, and he asked why I visited so many times. I gave the reason "To visit my boyfriend" (I was afraid fiancé is not the right term to use when I don't have a certificate to prove us being engaged). I was told that my reason "Not good enough" and was directed to the interview room.

I have a few problems that just made the Immigration officer push for more information:

1) My bf is unemployed for a year

2) I'm unemployed (Just graduated this year)

3) I only brought 1000USD for a 3 month stay (We get by usually since his mom usually provide for us)

4) We met online

I have a feeling they felt its weird I can visit so many times without much money on hand between me and my bf, and long stay. Kept questioning my background to understand how I got the money. They only stopped questioning after I mentioned my dad owns a business. I'm on the process to send in my K1 Visa, but I'm thinking to make ANOTHER trip this december. But because of their warning, I'm afraid I'll get deported.

A few questions that I'm really concern.

1) If I ever get deported, will it reflect badly for me when I apply my K1 Visa? This is my main concern ...

2) Should I even visit my BF This december again? How do I manage the immigration officers giving me such a hard time?

Thank you for taking your time to read. I really wish anyone could provide me with any advise.

[Que Saudade 284]

1) If I ever get deported, will it reflect badly for me when I apply my K1 Visa? This is my main concern ...

2) Should I even visit my BF This december again? How do I manage the immigration officers giving me such a hard time?

Thank you for taking your time to read. I really wish anyone could provide me with any advise.

#1-You may get "denied" entry, this is totally different. This would not affect the K1, it would be a huge inconvenience for you financially and time wise. (You can't get deported unless you are in US illegally and USCIS starts removal proceedings.)

#2-You can definitely try. You probably will be asked again by CBP. But, you have a good track record of visiting and leaving the US with no overstays.

There are no guarantees.........

[canadian_wife 1,808]

Que Saude - not entirely true. When an immigrant is denied entry, occasionally it will be an expedited removal which, for immigration purposes, is treated as a deportation where a I212 is required. No way to tell if a POE officer will do a simply denial of entry, or expedited removal

OP - sounds like you don't have strong ties, if you were already admitted for 3 months and want to return in December, you might have problems so be prepoared

Good luck

[Penguin_ie 5,992]

The visits you list total 7 months, that is a long time. In what time period did they happen? Ie if they happened within one year, then you spent more time inside the uS than outside, and that is generally not allowed on a tourist visa- wait a few months to try and visit again. If they happened over a couple of years, you're probably fine to visit again for Christmas.

[Que Saudade 284]

Que Saude - not entirely true. When an immigrant is denied entry, occasionally it will be an expedited removal which, for immigration purposes, is treated as a deportation where a I212 is required. No way to tell if a POE officer will do a simply denial of entry, or expedited removal

OP - sounds like you don't have strong ties, if you were already admitted for 3 months and want to return in December, you might have problems so be prepoared

Good luck

Thank you for the clarification Canadian_wife. Excellent advice.!

[Moomin 292]

Is it possible for your fiance to visit you instead?

Penguin has a valid point. Out of a total of 12 months, you might have more days outside your home country than inside. Since you were questioned, it's more likely that the factors alltogether seemed suspect. Coming back around xmas won't better the situation if unemployment played an important role as well, and will in the future too. Not that it will, just that it may. Imagine that you went to a tourist visa interview and looked through all the documents required for it. If you can't come up with anything, odds are the CBP officer won't let you enter the US next time. Having that said, CBP officers aren't all the same however they all have access to your travel history.

A tourist visa which was cancelled usually won't have any effect on the K1 process.

[keyto 0]

Yes those visits happend in the last 2 years, and I have not returned to my home country for a long period of time due to my overseas studies. I will take the advise to lay low for now and not visit till I get a job in my home country. I guess having a job at home will determine that I have strong ties with my home country!

My Fiance is getting a job very soon too and he has a lower possibility to get vacation leave within a year of working.

I'm glad to hear that if I get denied entry it won't reflect badly for my K1 application!

Thank you all so much for the kind reply, they are really very helpful!