Las Vegas surprise proposal

[nathmc31 0]

theron,

Violating immigration law is considerably more serious than shoplifting a case of soda.

Sweetie's story, as she related it, is a clear-cut a case as I have seen where the immigration officer had no choice but to deny her entry and send her back home. She had absolutely nothing in her circumstances that would compel her to leave the USA had the officer granted her entry.

Yodrak

Forget the soda.

I see my jedi powers of metaphoric manipulation cannot dissuade you.

So it was against the law for her to leave America to tie up loose ends or anything. Alright.

I am going to comment that this is a whole new level of "common sense," as I'd go home too. I own my house, truck, etc. My lady is not without means either. She travels to and from here frequently. What eludes me is how anyone is supposed to know all this if they are being spontaneous? Unless they pretended not to know a little something already?

Ok. Theoretically, how would a person figure this out on their own, after a spontaneous proposal, and not make the mistake Sweetie did? Where should they have gone, what should they have done? How could they have found out in these circumstances?

Secondly, let us say I was not compelled by curiosity to come here to this forum. How would I have discovered any of this on my own in Las Vegas or anywhere for that matter?

Hindsight is 20/20, such as Sweeties situation. I am wondering how other people had the common sense to know they could not leave the country to sell their house or make arrangements.

This is a compelling discussion.

After you SUPRISE her and get married, along with the AOS application you will send an EAD & Advanced Parole (AP) application with it. She should get both of these within 90 days. Once she gets the AP she can return to the bahamas to do what ever the hell she wants.

She is not going to be breaking the law at all. A spouse of a US Citizen can remain to AOS after entering as a visitor.

Just tell her she cant leave until you get her the AP. No big deal.

6 months to a year from now you will be sitting pretty with your missus, laughing at all the worry that this process creates.

Good luck again

Edited December 30, 2006 by nathmc31

[kitkat1 5]

I highly doubt anyone at a Las Vegas marriage bureau would have knowledge about US immigration laws or would provide it to anyone. I doubt any city clerks office would have this information either. They are not in the business of providing legal advice or instructions about immigration - attorneys are.

Ultimately, it's up to the petitioner to dig into all available resources like the USCIS site, Visa Journey and most importantly, a qualified immigration attorney to be sure they follow all of the rules and understand everything clearly.

Your case, as confusing as it seems, is rather clear cut. Your fiance did not have immigrant intent and could possibly easily adjust her status in the US with no problem. Given that she has a life in her country to return to, the best course of action would most likely be for her to return home and wrap up her life there while you are in the process of the petition. Once approved and she has had her medical and has received her visa, she can return here to live happily ever after. Not really as difficult as it seems.

[MPGGPM 0]

If you get married and your spouse leaves the US, chances are that she won't be allowed back in on a tourist visa again. Sometimes they will allow this, but only if the person can prove that they have sufficient ties to their own country and intend to return home after the visit.

That's not totally true. The people at the POE are each different in their interpretation of things and how they view immigration law. It's hard to say exactly what were all the reasons "Sweetie" got turned back....(maybe she visited frequently...which was not mentioned.....so hard to say if that played a factor).

But my wife has visited me in the USA...left...and has come back 4 times. Not once........not once at all....has she ever been asked to show anything "proving" she'd return. They basically just asked her the purpose of her trip.....she'd say visiting.....and that was it.

She did not have to "prove" anything....and we have a pending application for an I-130...which is at the NVC at this time.

Without knowing exactly everything that played a part in why "Sweetie" got turned back, it appears she got a raw deal. She had been here several times already...returned each time...and was applying for a K-1 . She appeared to be doing everything the right way.

The criteria for visitors is very arbitrary and depends more on who you end up meeting when you try to enter. And bringing documents like rental agreements, job letters etc....don't prove a thing. A person could show all the papers in the world, and STILL end up remaining in the USA. They help to a certain degree in persuading the person at the POE, but don't really prove a thing.

My wife, like "Sweetie" , is staying with her parents during this process until she can come here with the immigrant visa and be in her "real" home here.......so therefore didn't have that kind of paperwork with her. Nevertheless......they let her enter and never even asked for anything like that.

It's a large matter of luck involved.....mixed in with meeting the right person at the right time at the POE...mixed in with how a person handles themselves when they enter.

But.......disregarding the fact that my wife has been able to visit 4 times with no problems, I think the system stinks and is too arbitrary as it is now. They really should sit down one day and come up with a more "concrete" set of guidelines for visiting.

To be sent back, 11 hours back over the Atlantic.....tired, stressed and upset, .....not seeing your spouse after so long....and the costs..........there has to be a better way. ESPECIALLY if her intent truely was to just visit and return, as were all of her other previous trips here.

[Killer_Clown_2009 0]

I think it sucks that she was sent back too, but I can understand why they did it. I don't know about your wifes situation or what information that the officer at the POE had about her. It does not sound as if your wife offered up the information that she was going to be visiting her husband. I was asked once "why are you going to maine" - answer "to visit my boyfriend" - result - questioned more than normal about my job, my home, if i planned to work in the US etc - then allowed to enter.

Edited December 30, 2006 by jane2005

[Thingee 0]

When my honey came over to visit for Christmas I had him bring all sorts of papers to prove ties to the UK...recent mortgage paperwork, proof of employment etc. They asked him why he was visiting, 'spending Christmas with my girlfriend and her family' was his answer and they let him right through, no more questions asked...he didn't have to show them any of it.