Wife Denied Entry to the US

[caly 48]

I do not blame CBP officer. In fact this is normal. The fact that you are already married hints that there was a great chance you would get married on VWP. In addition to the statement of fact that she is visiting her boyfriend there is something else in her answers. In any case, it will not hurt her chances for immigrant visa in the future and if you are staying in her country for her to visit US.

OP was not married at the time the incident happened.

As others have said, she will need to apply for a tourist visa in order to visit the US again.

All other arguments at this point are moot.

[Cesar & Cata 35]

Guess you were a little wiser to bring documentation with you showing ties to your home country, that you would return to it. She didn't bring anything, such as her apartment lease, work contract, something saying that she was going to school at the time, that she obviously has family, etc. Me being insecure about sharing private details has passed, I'm not really sure why you're bringing it back up. Like I said, I've explained everything now to the best of my knowledge and memory. I simply said I didn't know why she was refused (if I did say that, not that I don't believe you, and please don't quote it in a post, I'm taking your word for it) just because I didn't know that it was necessary information at the time. Sorry it seems fishy. Feel free to read another thread. You know exactly everything that I know at this point. If it still feels fishy to you, welcome to my life for the past 3 years. The whole thing seemed fishy to me. I ran around the airport trying to find somebody that knew what was going on, that could explain...and it was like they knew but didn't want to tell me. Maybe you were more aware of international travel (or at least to the US, specifically) and what it entails before you went, and kudos to you for that. I guess we were a little naive about it. That would be our one and only mistake. There's nothing else that I've left out, there was no wedding dress in her luggage that I've failed to mention, we weren't honestly planning on getting married when she came (not that it matters either way, as it turns out), and we weren't deceitful or evasive or dishonest in any way.

The worst thing is that even if you guys were gonna get married, that is not an issue as long as she wasn't going to adjust status, all she needed to do was bring proof of strong ties back home that would confirm she would leave the US.

You say you have a life in her country and don't plan on moving to the US, if this is the case you should have no problem showing proof at the embassy/consulate of the ties you guys have to her country.

Edit - Unless her incident at the border is cause for a ban, I am sure if this is the case it will come up during the interview for the tourist visa, then she should get all the details and find out how to fix the situation.

Good Luck.

Edited December 14, 2012 by Cesar & Cata

[himher 634]

There are no repercussions for being denied entry and returned back to her home country for this reason and this does not trigger a ban at all. If both of you live in her home country then simply apply for a 5-yr B visa for her at the embassy or consulate, go together, show your ties, and she will probably get a visa. On the application you will need to up-front say that she was denied entry on a visit, explain why, explain that you live there, and I expect that your wife will be treated like other non-US expat wives of USC's and given a visa.

If they ask why you aren't filing immigration papers instead of applying for a visit visa just say you aren't ready to return permanently to the US.

Her chances of getting a B visa if you live in the US and she lives over there are not good however. B visas to non-US spouses of USC's who live or work overseas are very common however it is common for them to check the USC's status in the foreign country as "proof of ties".

Hope that helps. Good luck.

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...?

Edited December 14, 2012 by himher

[Boiler 45,837]

Bs are usually issued for 10 years

[Shiobhan 235]

Meatloaf dont you know how to block? VJ is a great site and most posters are helpful and genuine, but there are a few if you go all the way back you see the negatives

in all their posts, (unhappy) thats it. I say speak to an attorney, since you have no immediate desire to move here just visit, then this too shall pass , just go to the right

source and do the right thing ......Wishing you success and the best

[velrich 50]

Bs are usually issued for 10 years

My relatives have received 6 months, 1 year, 2 years, 5 years B1/B2.

Meatloaf, I can only say that you and your wife have a uphill task in trying to get a tourist visa because she is married to a USC even though you do not live in the US.

Best of luck to you.

Edited December 14, 2012 by velrich

[Moomin 292]

One point that was important. If you're married, claim to be, or she goes about calling you hubby anywhere, then she did lie on the form(arrival/departure record, aka I94) she filled out if she filled it out. You said yourself that she put "visiting boyfriend". Ironically, that form is not needed when entering with valid ESTA. It's a different story if you were indeed not married at the time but got married since then.

Why she was questioned the first time? If she looked nerveous/hesitant and on top of that; travelling by herself, if it was her first time in the US. Nobody is siding with CBP officers. We weren't there however, most of us have been around long enough to know what triggers a CBP officer's attention. Read Noahs lot's answer to you again please - there are quite a few things mentioned that might've triggered the CBP officer's initial reaction to be convinced that your wife/girlfriend/fiancee either had not told everything, or that she potentially was planning on more. Marrying in the states is fine. Being married is ok. Lying about it is a no-go.

So -

Are you married, and were you married when she tried to visit?

It's not the CBP officer's job to prove immigrant intent - it's the visitor's job to prove non-immigrant intent upon request. No ankle braces or nothing. If you can't demonstrate strong ties or your story doesn't seem to add up, then they have the right to turn anybody away.

Edited December 14, 2012 by moomin

[himher 634]

hmmmmm I saw many 5-yr B visas issued but no 10 year. Must be our part of the world or something lol

Bs are usually issued for 10 years

[Boiler 45,837]

I did say usually.

[himher 634]

I actually recall that you did.

I did say usually.