Wife Denied Entry to the US

[Meatloaf n Taters 3]

CBP officers don't have a quota. They make their decisions based on the interview upon arrival. I agree with you it would be imprudent to blame your wife for the refusal but it would be equally imprudent to blame the CPB officer.

I can understand you are upset but again, until you know what actually happened during the interview, what was said or done, you really only have speculation on with which to go.

What your wife seems to have not told you is that the CBP officers all have guns; so, that she was escorted to her plane back home by officers with guns should not be interpreted as a sign of deference to her. Everyone is given the same special treatment. They do not shout nor do they scream at anyone who behaves properly. Draw from your own experiences waiting in line at the USCIS arrivals hall and try to remember when you heard screaming or shouting. The same is true for secondary inspection room.

Fact remains that, if you want to know why she was refused admission, you need to ask her to come clean and tell you the whole story. I don't mean to say she is deliberately lying to you so much as she may be ashamed or hesitant to tell you everything that took place, lest you get mad at her or pin the entire kerfuffle on her.

good luck!

Thanks for your help. Guess I should come clean, I know why she was refused entry. I guess on her ESTA form she filled in during the flight that she was visiting her boyfriend. She said they thought she was trying to move here, I guess based on that. I was reluctant to disclose this because, unless it's absolutely necessary, I'd prefer to keep it private, but since it is relevant, there it is. Hopefully that clears up everything. It was just an innocent thing that she did, she certainly wouldn't have written that had she known what the reaction would have been. You can be the most die-hard American, but I still don't think many would fault her for that. She was just being honest, she didn't know we have this paranoia (or borderline paranoia, whatever you want to call it...you have to admit that we have a big worry) about illegal immigrants. Just as I am angry about it, and I can understand what they were thinking, and why they reacted the way that they did. I just feel they should have at least tried to reach me to verify the story or something. Even keep her in holding or whatever until everything can be cleared up. I managed to find somebody at the airport that could help me a little bit when it was happening, and I called the extension they told me to. It just rang a thousand times. I called back a few times, and nobody ever answered it. I was afraid to hang up in case somebody decided to answer. Later she told me she could hear the phone ringing for minutes at a time and the officers said to each other,'that's probably the boyfriend'. They were just doing their jobs, whatever. They made choices, which they didn't necessarily have to make, and as a result it made our lives infinitely more difficult and expensive (until the last few months).

They have those ankle bracelets for convicts released on house arrest or whatever, couldn't they have somebody monitor that, keep a timer going to make sure she leaves the country within 90 days, and if not, arrest and deport her then? And yes, I know the US has the right to deport or deny entry to anyone at anytime for any reason, before somebody jumps in to point that out. I'm just asking for a little bit of compassion and common sense here from them. And trying to get any information by calling them or e-mailing them has been a nightmare. Hopefully nobody else has to go through what we went through...

Sorry to everyone on here that was offended by my rant earlier. Hopefully it can be forgiven. Or should I just edit it or delete it? Thanks again to everyone for all the advice on what to do, it really has been helpful. Sorry again.

[Noah Lot 391]

Thanks for your help. Guess I should come clean, I know why she was refused entry. I guess on her ESTA form she filled in during the flight that she was visiting her boyfriend. She said they thought she was trying to move here, I guess based on that. I was reluctant to disclose this because, unless it's absolutely necessary, I'd prefer to keep it private, but since it is relevant, there it is. Hopefully that clears up everything. It was just an innocent thing that she did, she certainly wouldn't have written that had she known what the reaction would have been. You can be the most die-hard American, but I still don't think many would fault her for that. She was just being honest, she didn't know we have this paranoia (or borderline paranoia, whatever you want to call it...you have to admit that we have a big worry) about illegal immigrants. Just as I am angry about it, and I can understand what they were thinking, and why they reacted the way that they did. I just feel they should have at least tried to reach me to verify the story or something. Even keep her in holding or whatever until everything can be cleared up. I managed to find somebody at the airport that could help me a little bit when it was happening, and I called the extension they told me to. It just rang a thousand times. I called back a few times, and nobody ever answered it. I was afraid to hang up in case somebody decided to answer. Later she told me she could hear the phone ringing for minutes at a time and the officers said to each other,'that's probably the boyfriend'. They were just doing their jobs, whatever. They made choices, which they didn't necessarily have to make, and as a result it made our lives infinitely more difficult and expensive (until the last few months).

They have those ankle bracelets for convicts released on house arrest or whatever, couldn't they have somebody monitor that, keep a timer going to make sure she leaves the country within 90 days, and if not, arrest and deport her then? And yes, I know the US has the right to deport or deny entry to anyone at anytime for any reason, before somebody jumps in to point that out. I'm just asking for a little bit of compassion and common sense here from them. And trying to get any information by calling them or e-mailing them has been a nightmare. Hopefully nobody else has to go through what we went through...

Sorry to everyone on here that was offended by my rant earlier. Hopefully it can be forgiven. Or should I just edit it or delete it? Thanks again to everyone for all the advice on what to do, it really has been helpful. Sorry again.

As you and your wife discovered, trying to evade the truth can have longlasting negative effects....CBP is NOT required to call some interested third party and have them 'vouch' for some arriving alien...it does not work that way (any more that some interested third party can 'vouch' for a visa applicant during their interview)...in general, both COs and CBP officials don't have the time to hold somebody's hand and try to figure out the entire story, then give some huge benefit of doubt to that person...there are just too many people being interviewed or coming off an airplane after a long flight...

As to some sort of monitoring bracelet, well, I admit I would agree but few others would...and there in lies the problem...our country has few, if any, meaningful border controls AFTER somebody is admitted to the US...ICE does not patrol 7-11s looking for illegal aliens, nor go door to door asking to see valid visas....adherence to our laws rests pretty much on the visa holder (or VWP traveler)respecting the privilege they were given...but when that trust is violated (or appears about to be violated), well, the privilege of ease of travel to the US evaporates....

Of course, if our legislators had any courage, they would modify our laws such that no one could change status from B2 visas nor from the VWP merely by marrying some American citizen...and if Congress did so, well, we might see more visas issued...who knows?

Anyway, thanks for 'coming clean'....best of luck in the future...

[Harpa Timsah 13,258]

Wow, this whole thread for something that is a very common reason for denial and could have been dealt with quickly. Plenty of people on this board have been in your very shoes.

She was denied because they suspected she would immigrate on her Visa Waiver Program, which is illegal. Any tourist has to show CBP why they would return home. Apparently, she was not able to convince them of her strong ties to home. No big deal. Now that you have immigrated to her country, that will count for a strong tie and she can present her case again at the consulate for a B visa.

It is fine to say you are visiting your bf - one just has to show that s/he will return home when done. Did she have any immigrating paper work with her, like her birth certificate or anything? That would be a smoking gun.

CBP has no quotas.

[hikergirl 277]

Her answer was completely legit. However, in hind sight she should have carried proof of ties to home.

At least you know what you are trying to overcome when she applies for the visitor's visa.

It's unfortunate that the people who do manage to screw the system make it harder for all of us in every step of this process.

[JohnR! 5,495]

Thanks for your help. Guess I should come clean, I know why she was refused entry. I guess on her ESTA form she filled in during the flight that she was visiting her boyfriend. She said they thought she was trying to move here, I guess based on that. I was reluctant to disclose this because, unless it's absolutely necessary, I'd prefer to keep it private, but since it is relevant, there it is. Hopefully that clears up everything. It was just an innocent thing that she did, she certainly wouldn't have written that had she known what the reaction would have been. You can be the most die-hard American, but I still don't think many would fault her for that. She was just being honest, she didn't know we have this paranoia (or borderline paranoia, whatever you want to call it...you have to admit that we have a big worry) about illegal immigrants. Just as I am angry about it, and I can understand what they were thinking, and why they reacted the way that they did. I just feel they should have at least tried to reach me to verify the story or something. Even keep her in holding or whatever until everything can be cleared up. I managed to find somebody at the airport that could help me a little bit when it was happening, and I called the extension they told me to. It just rang a thousand times. I called back a few times, and nobody ever answered it. I was afraid to hang up in case somebody decided to answer. Later she told me she could hear the phone ringing for minutes at a time and the officers said to each other,'that's probably the boyfriend'. They were just doing their jobs, whatever. They made choices, which they didn't necessarily have to make, and as a result it made our lives infinitely more difficult and expensive (until the last few months).

They have those ankle bracelets for convicts released on house arrest or whatever, couldn't they have somebody monitor that, keep a timer going to make sure she leaves the country within 90 days, and if not, arrest and deport her then? And yes, I know the US has the right to deport or deny entry to anyone at anytime for any reason, before somebody jumps in to point that out. I'm just asking for a little bit of compassion and common sense here from them. And trying to get any information by calling them or e-mailing them has been a nightmare. Hopefully nobody else has to go through what we went through...

Sorry to everyone on here that was offended by my rant earlier. Hopefully it can be forgiven. Or should I just edit it or delete it? Thanks again to everyone for all the advice on what to do, it really has been helpful. Sorry again.

That makes sense and that might be enough reason for them to send her back. For better or worse, the CBP officers do operate under the assumption that every foreigner entering the US could be a potential immigrant. The reason is quite simple: Any type of monitoring would be impossible and the anklet tracker of which you speak would in and of itself represent about half a dozen infringements on her civil and human rights.

The truth of the matter is that once you get admitted into the country there is little immigration can do in order to remove you from the US. CBP is all the more suspicious about boyfriends/girlfriends because many come in, get married and stay, which is not the way the USCIS was meant to operate. You need not go further than this forum to find out many cases of those who came in, got married and want to do AOS without returning home. It never ceases to amaze me how many come here on vacation and just like that are ready to stay, as though they left no ties behind on purpose. It is a quick way to cut in front of all those waiting in line for their CR/K visas and delays their process even further. To be sure, I am not even remotely suggesting that to be your gf's case but the CBP must treat everyone by the same rules. As a result of a boatload of bad apples that came before her, your gf was denied for being honest and forthcoming. It makes no sense at all, nor is it fair.

Since the cat is out of the bag, her best option is to apply for a tourist visa and disclose that she does have a bf in the US - it is on her record already - and just flat out tell the IO that she has no intention of staying in the US for AOS.

One other option - if you are serious and considering getting married - is to apply for a K-1 visa for her, with which she can come to the US and enter with the intention of marrying you. With the K-1 visa there are no doubts about it. She is coming in and entering the country to stay, with the blessing from the USCIS and DHS.

Again we can all only be sorry that she ended up paying for all those dishonest persons who crossed the border before her.

[Meatloaf n Taters 3]

Just exactly as I said....CBP are the bad guys, every American's GF/BF/SO is the innocent victim....sounds like you don't care for the laws and regulations of the United States of America...there is no 'quota' for denying admission to arriving aliens...it's not some game played by bored CBP officials...denied admissions occur because the arriving alien gives CBP pause in some way...inconsistent answers, hestitant responses, followed by luggage inspections that often reveal the truth....so once again, I applaud the work of our CBP folks....and don't believe a word you say about them. Perhaps you believe that you could do a much better job sorting out bonafide tourists, etc when they get off the plane....if so, why not seek employment with CBP? In fact, why aren't they sending a car for you, begging you to completely manage the entire border system?

What you might consider doing is have a heart to heart talk with the wife...and, ask her for the I-275 (yes, that's the written report those nasty CBP folks draft when they are denying admission to someone...see if they checked the "quota for the month" denial box...or, as is more likely, there will be a narrative full of evasive answers given by your wife to the CBP folks....

I do care about and respect the laws. But we didn't break any. That's the problem. I'm sure she gave hesitant responses, she was tired from the flight, nervous about meeting me, didn't understand why she was being questioned in the first place, and said she had a hard time understanding them. She had no reason to be evasive with them, there was nothing to hide. I think that was the problem, she didn't hide the real reason of her visit. To visit me, her boyfriend. Had she lied to them, said she wanted to see some tourist sites and ######, everything probably would have been fine, she would have gotten through. Where's Alanis Morrissette when you need her? For those of you that get that reference, I applaud you.

But in all seriousness, and I have completely revealed everything now...she did not receive any written form from them. I'll ask her about it again when she gets home, but there has never been any mention of a form. From the little research that I could make on this issue, I came to the conclusion that there didn't necessarily need to be any documentation; they wrote the code into her passport, that seemed sufficient enough to me from them. I'm not having a go at them, but if they can't take a couple of minutes to answer my multiple phone calls as it was happening, or try to reach me themselves, why take the time to fill out a form? Seems logical. Again, I know they don't HAVE to, there's no rule saying that is the procedure to follow in this situation, but still...so, I really don't think there is or was ever any form, at least not that she received, but again, I'll ask her about it. Seems like you're trying to turn this into some kind of Jerry Springer, my-spouse-lied-to-me-all-these-years kind of thing. And I understand you have sided with the CBP on this. But with everything pointed out, as far as why she was denied entry, can you really not say they didn't overreact a little bit? You'll probably say something like,'they just did their job, I applaud them for that, that's the law, she caused some doubt by saying she was visiting her boyfriend, that's her fault', I get all that, and I'm not disagreeing with you. But come on...considering how serious the repercussions are for being denied entry...?

[Meatloaf n Taters 3]

As you and your wife discovered, trying to evade the truth can have longlasting negative effects....CBP is NOT required to call some interested third party and have them 'vouch' for some arriving alien...it does not work that way (any more that some interested third party can 'vouch' for a visa applicant during their interview)...in general, both COs and CBP officials don't have the time to hold somebody's hand and try to figure out the entire story, then give some huge benefit of doubt to that person...there are just too many people being interviewed or coming off an airplane after a long flight...

As to some sort of monitoring bracelet, well, I admit I would agree but few others would...and there in lies the problem...our country has few, if any, meaningful border controls AFTER somebody is admitted to the US...ICE does not patrol 7-11s looking for illegal aliens, nor go door to door asking to see valid visas....adherence to our laws rests pretty much on the visa holder (or VWP traveler)respecting the privilege they were given...but when that trust is violated (or appears about to be violated), well, the privilege of ease of travel to the US evaporates....

Of course, if our legislators had any courage, they would modify our laws such that no one could change status from B2 visas nor from the VWP merely by marrying some American citizen...and if Congress did so, well, we might see more visas issued...who knows?

Anyway, thanks for 'coming clean'....best of luck in the future...

I'm sorry, who did we try to evade??

[hikergirl 277]

If they had answered the phone, how are they to know that you are telling the truth? If you had planned for her to get married to you in the US and stay would you tell the truth? Chances are you would lie and go with a pre-planned story.

Once again the blame should be placed on the people in the past that have planned to scam the system and adjust status after entering as a tourist.

Edited December 14, 2012 by hikergirl

[Noah Lot 391]

I'm sorry, who did we try to evade??

There is either a paper form or an electronic one (I-275) that usually contains some narrative or conclusions by CBP...it is very likely that her luggage or address book had letters from you or other documents of hers (B/C, diploma, etc) that indicated a possibility of her stay becoming a permanent one...and all CBP needs is doubt...they do not need the same level of evidence that a court of law might require...because, the person seeking admission has not yet been admitted, and therefore most of our laws do not yet apply to them (such as a hearing...exception...those arriving with a valid visa can ask to stand before an immigration judge, which is not quite the same thing as a 'regular' court of law, but those arriving on the VWP do not enjoy that option)...as someone else pointed out, all of those mind changers that we constantly read about on this and other sites are the root cause of others being denied admission who might have a weak, but valid purpose of visiting....that's why I have written my representatives more than once asking them to consider rescinding all AOS from B2 visas and the VWP...eliminate that option entirely will (hopefully) force people to adhere to the regular rules of the road....but the likelihood of this change taking place is roughly about the same as the Haley's comet returning tomorrow...

[Sarah Elle-Même 660]

*Post edited because you told us why she was sent back.*

She will probably get the tourist visa if she can prove strong ties to her country, but no visa is ever guaranteed nor is entry. Worst case scenario - she's not going to be able to visit the US with you. If she does get the visa I suggest you fly in on the same flight and try to stay close to her at immigration clearance. It will probably calm her nerves knowing you are nearby.

Asking hypotheticals about ankle monitoring or calling you to vouch for her is really irrelevant. CBP has laws and regulations to follow in conducting their jobs. So do consular officers and really every government employee. Hope you can get this worked out. I know how frustrating it is.

Edited December 14, 2012 by Sarah and Adnan

[portalfan 1]

Meatloaf n Taters:

I was in a similar position as your now wife. I came to visit my girlfriend in the US, and openly admitted to it.

I had no issue going in, it was the basic "how long are you going to stay here, where will you be staying" questions every immigrant goes through.

In your case there's two options:

1. 1 Something fishy went on such as conflicting answers, or maybe your gf didn't have a job/lease/school at home that implies her return.
   
2. 2 Your gf got unlucky and hit a CBP officer having a bad day/not very nice to begin with.
   

As others have mentioned and not to push the issue further, you came here asking for the help of the community. If people are going to help you and give their advice and experiences they need to know details about what happened. No one is trying to be nosy about your private business, as you already opened it for discussion. There's absolutely no need to be passive-aggressive towards people in the thread.

Subjectively, just reading this the whole affair "stinks". Saying you don't know why she was refused, then saying you do know. Using vague excuses such as "she was tired, etc etc" don't really add anything to the discussion. I've personally went through CBP groggy eyed and hungover without issues.

Yes, CBP can be scary and hard to understand for us inexperienced travelers. In this case it just seems fishy and you have yourself to blame. No one is going to read through this thread and come up with a sympathetic point of you and give you the benefit of the doubt.

My best suggestion is to contact the consulate and start the process with them, your wife should have no issues coming to the US on her VWP unless she has a ban for whatever reason she got denied entry. If you have some information that could be helpful and you don't want to bring it out to the open, you can also ask to PM the members who tried to help you, me included, and discuss in private. However this means your experiences will not help the next person looking for help on a similar issue, in the same way it would've helped you if you searched for it.

[Meatloaf n Taters 3]

Wow, this whole thread for something that is a very common reason for denial and could have been dealt with quickly. Plenty of people on this board have been in your very shoes.

She was denied because they suspected she would immigrate on her Visa Waiver Program, which is illegal. Any tourist has to show CBP why they would return home. Apparently, she was not able to convince them of her strong ties to home. No big deal. Now that you have immigrated to her country, that will count for a strong tie and she can present her case again at the consulate for a B visa.

It is fine to say you are visiting your bf - one just has to show that s/he will return home when done. Did she have any immigrating paper work with her, like her birth certificate or anything? That would be a smoking gun.

CBP has no quotas.

Thanks for your help. I don't think she brought her birth certificate or anything like that. I'll double check with her though. Thanks again.

[Meatloaf n Taters 3]

If they had answered the phone, how are they to know that you are telling the truth? If you had planned for her to get married to you in the US and stay would you tell the truth? Chances are you would lie and go with a pre-planned story.

Once again the blame should be placed on the people in the past that have planned to scam the system and adjust status after entering as a tourist.

And I guess that's why we got screwed, because they think as cynically as your questions would suggest. Which I understand, that's their job, to assume everyone is trying to move to the US. Just wish we'd have been that cynical in our preparation for her coming. It was an innocent visit. We didn't think we needed to hide anything or prove anything. Thanks for your help.

[Meatloaf n Taters 3]

There is either a paper form or an electronic one (I-275) that usually contains some narrative or conclusions by CBP...it is very likely that her luggage or address book had letters from you or other documents of hers (B/C, diploma, etc) that indicated a possibility of her stay becoming a permanent one...and all CBP needs is doubt...they do not need the same level of evidence that a court of law might require...because, the person seeking admission has not yet been admitted, and therefore most of our laws do not yet apply to them (such as a hearing...exception...those arriving with a valid visa can ask to stand before an immigration judge, which is not quite the same thing as a 'regular' court of law, but those arriving on the VWP do not enjoy that option)...as someone else pointed out, all of those mind changers that we constantly read about on this and other sites are the root cause of others being denied admission who might have a weak, but valid purpose of visiting....that's why I have written my representatives more than once asking them to consider rescinding all AOS from B2 visas and the VWP...eliminate that option entirely will (hopefully) force people to adhere to the regular rules of the road....but the likelihood of this change taking place is roughly about the same as the Haley's comet returning tomorrow...

Well assuming there is no paper form...let's just assume that for argument's sake...is it possible for us to access the I-275 for online? Or request a written copy? I'm not really sure why it's very likely she had notes from me or the documents you mentioned, I could possibly understand the birth certificate, but anything else I'd doubt. Thanks.

[Noah Lot 391]

*Post edited because you told us why she was sent back.*

She will probably get the tourist visa if she can prove strong ties to her country, but no visa is ever guaranteed nor is entry. Worst case scenario - she's not going to be able to visit the US with you. If she does get the visa I suggest you fly in on the same flight and try to stay close to her at immigration clearance. It will probably calm her nerves knowing you are nearby.

Asking hypotheticals about ankle monitoring or calling you to vouch for her is really irrelevant. CBP has laws and regulations to follow in conducting their jobs. So do consular officers and really every government employee. Hope you can get this worked out. I know how frustrating it is.

I too have seen these sort of theatrics from those who believe that they should not have to stand in line, answer any questions nor be delayed for one nanosecond because they are soooooooooooo important...(not!!)...the CBP folks have a thankless job...but an important one...and thanks largely to the scam artists and outright liars, others who may well be bona fide face difficulties sometimes...with varying degrees of success (being admitted versus being sent home)..

as I said before, no one can 'vouch' for another....whether while being admitted or being interviewed for a visa...because...no one has legal authority over the person being admitted/issued a visa, cannot force them to depart the country, nor do CBP or COs have authority over the 'voucher' to force that person to force another to comply with our laws...one's 'word' or promise has no value whatsoever..and in order to attempt to keep these processes transparent, that's the way it should be.

Well assuming there is no paper form...let's just assume that for argument's sake...is it possible for us to access the I-275 for online? Or request a written copy? I'm not really sure why it's very likely she had notes from me or the documents you mentioned, I could possibly understand the birth certificate, but anything else I'd doubt. Thanks.

She might be able to go online ...and only she knows what stuff she brought in her luggage...