Can my fiance enter the US if his fiance visa is being processed?

[TimsDaisy 0]

The airlines don't "make it easy" for you to leave if you are denied entry. They don't make it anything. You're still just a customer.

My then-boyfriend was denied entry and this is what US officials said to him: get on the next flight back or spend a night in jail and then get a flight back. Fortunately (that's an ironic word here, I suppose), there was room on the flight and he had the financial ability to pay $1200 for the ticket. Yeah, over ONE THOUSAND dollars. Hard to get 7 or 14 days advance when you have about 35 minutes to buy the ticket and leave the country.

So no, there's no mercy from the airlines. They don't care. Neither does the government though, so at least everyone is the same.

[blspicer 0]

Even if he does get into the country, when he goes back and goes to his interview and they ask to see his passport its going to be stamped with the march date. Will they say something to him in the interview like, "did you enter the USA while your fiance visa was in process"? Or is that any concern of their's since he is trying to get accepted to immigrate?

[TimsDaisy 0]

So what? He says "yes, I did, but it was with the intention of visiting, clearly, I left and did not stay and marry anyone or overstay my alloted time, I had to leave to come back here to complete the process. I respected and obeyed the laws of the United States as evidenced by me sitting here in front of you for this interview today."

I think the bigger concern is whether he'd get into the US to begin with - not whether the visit jeopardizes the K1 process.

[zyggy 9]

Does he have the new passport with the chip that can be scanned? Is there a way they will know if the K1 has been filed?

If it makes you feel better, I'm trying to stiffle my own worries as I'm headed to the UK next week. Before I absolutely said I was visiting friends, not a boyfriend. That wasn't a lie. Now, however, there is a fiance, so the stakes seem higher. I could just pocket the ring I suppose. Is it worth it to give the whole story? I've watched the UK series "Airport" and know their immigration control officers can be every bit the ####### ours can be.

What to do, what to do . . . .

And another thought: you know what, she may be sealing her fate if someone finds out , but no, no way in hell she'd be deserving it. They've set up a system that encourages lying - especially by people with truly innocent motives. You can say that is caused really by the other people who have lied and created this vicious circle, but c'mon. What an f-ed up system anyway. We have to prove a legitimate relationship. Yet as real as they want the marriage to be, you only get 90 days to plan the wedding - or you do it alone? That's not the result of a real relationship in the America I grew up in - it's a minimum 6 month parade of tradition and custom and process.

You have to worry about seeing someone while you're waiting for the paperwork to process? THAT encoruages stable relationships?

No way she deserves anything but to see her fiance. As do I. But I can't. Hers at least has a damn shot.

If I could get him here, I would, and I'd marry him and adjust status and sleep find at night because all the intent issues would be settled just fine. ####### - are you telling me no one else here has moments where they feel like that? Even if we never break the law, doesn't anyone agree the system is a LOAD OF SMOKING POO?

I'm afriad not.. the system is set up so that those who are not permitted to enter the US by law.. are not allowed in..

Individuals who have immigrant intent are inadmissible... someone who is a fiancee of a USC has a stronger claim of immigrant intent

if you withold information that may make a difference in an officer's mind on whether or not your fiancee is inadmissible, the penalty is a permanent ban on entering the US... try that on for size..

FOr instance.. if a CBP Officer ask's who you're visiting... tell them who it is... if they ask what the relationship of that person is to you... then you better come clean..

Calling a fiancee a friend is a material misrepresentation...

Edited February 2, 2007 by zyggy

[Yodrak 7]

TimsDaisy,

The return portion of his roundtrip ticket wasn't acceptable for the unexpectedly quick return flight?

Or was he trying to enter as a visitor with a one-way ticket .......

Yodrak

.....

My then-boyfriend was denied entry and this is what US officials said to him: get on the next flight back or spend a night in jail and then get a flight back. Fortunately (that's an ironic word here, I suppose), there was room on the flight and he had the financial ability to pay $1200 for the ticket. Yeah, over ONE THOUSAND dollars. Hard to get 7 or 14 days advance when you have about 35 minutes to buy the ticket and leave the country.

......

[TimsDaisy 0]

Hey was entering on the 2d half of a round trip ticket AND had another ticket back to the UK, with me, for about a month later. The entire story is longer than that - but the relevant facts remain, if you need an immediate flight somewhere, be prepared to pay for it - even if you have a return ticket, normally, that amount would merely be credited toward the flight which, day of, can easily go for several thousand dollars regardless of destination. Doubtful they'll let you into the WiFi lounge to surf cheaptickets for something better.

I'm just letting y'all know that you are just another customer and airlines have no obligation to give you a break or treat you differently from anyone else.

[TimsDaisy 0]

Does he have the new passport with the chip that can be scanned? Is there a way they will know if the K1 has been filed?

If it makes you feel better, I'm trying to stiffle my own worries as I'm headed to the UK next week. Before I absolutely said I was visiting friends, not a boyfriend. That wasn't a lie. Now, however, there is a fiance, so the stakes seem higher. I could just pocket the ring I suppose. Is it worth it to give the whole story? I've watched the UK series "Airport" and know their immigration control officers can be every bit the ####### ours can be.

What to do, what to do . . . .

And another thought: you know what, she may be sealing her fate if someone finds out , but no, no way in hell she'd be deserving it. They've set up a system that encourages lying - especially by people with truly innocent motives. You can say that is caused really by the other people who have lied and created this vicious circle, but c'mon. What an f-ed up system anyway. We have to prove a legitimate relationship. Yet as real as they want the marriage to be, you only get 90 days to plan the wedding - or you do it alone? That's not the result of a real relationship in the America I grew up in - it's a minimum 6 month parade of tradition and custom and process.

You have to worry about seeing someone while you're waiting for the paperwork to process? THAT encoruages stable relationships?

No way she deserves anything but to see her fiance. As do I. But I can't. Hers at least has a damn shot.

If I could get him here, I would, and I'd marry him and adjust status and sleep find at night because all the intent issues would be settled just fine. ####### - are you telling me no one else here has moments where they feel like that? Even if we never break the law, doesn't anyone agree the system is a LOAD OF SMOKING POO?

I'm afriad not.. the system is set up so that those who are not permitted to enter the US by law.. are not allowed in..

Individuals who have immigrant intent are inadmissible... someone who is a fiancee of a USC has a stronger claim of immigrant intent

if you withold information that may make a difference in an officer's mind on whether or not your fiancee is inadmissible, the penalty is a permanent ban on entering the US... try that on for size..

FOr instance.. if a CBP Officer ask's who you're visiting... tell them who it is... if they ask what the relationship of that person is to you... then you better come clean..

Calling a fiancee a friend is a material misrepresentation...

Here's where I still think you're wrong - first and foremost, saying that anyone "deserves" any of the raw deals regularly dealt by ICE is just plain mean and belies the reality of a system that ensnares and punishes honest people more often than it protects the public or defeats attempts at terrorism, etc. Second, regardless of the reality, the LAW is based on intent. Actual intent. Not perceived. The problem lies in the kind of evidence people are able to offer. But if you can prove no intent to stay in the country, you should be let in, period. Just because it *seems* like someone might stay - well ,tough ######. Prove they will. The system runs counter to everything we know about human nature and psychology and is designed to yield damning information from the people LEAST LIKELY to fraudulently stay in the country.

[Yodrak 7]

TimsDaisy,

Bummer. I can understand being really upset with that airline.

Yodrak

Hey was entering on the 2d half of a round trip ticket AND had another ticket back to the UK, with me, for about a month later. .....

[Caladan 19]

Don't lie. The border officer is not an idiot. If we know that 'friends' is a good way to avoid saying 'fiancée', you think it's never ever ever occurred to them, that a young man, with a neatly documented passport stamp series of entries into the U.S. in one place, saying 'friends' instead of 'business trip' and giving off every tell in the world that he's hiding something might be coming to visit a girlfriend? How long are you visiting? Are these 'friends' letting you crash at their place for three months! What nice friends!

No lying. You can give short answers (a vacation, a spring break visit), but they had better be truthful ones.

That said, C. visited here just last month and had no problems with an Edmonton POE. And that said, the nice thing about Canada is that the U.S. *entry* is an hour away from his house if something had gone wrong, so we were willing to chance it. No problems. He had his paystub, and a letter from his employer, and only a 12-day stay, but they didn't ask to see anything. They may not even have asked him who he was going to see.

[zyggy 9]

Does he have the new passport with the chip that can be scanned? Is there a way they will know if the K1 has been filed?

If it makes you feel better, I'm trying to stiffle my own worries as I'm headed to the UK next week. Before I absolutely said I was visiting friends, not a boyfriend. That wasn't a lie. Now, however, there is a fiance, so the stakes seem higher. I could just pocket the ring I suppose. Is it worth it to give the whole story? I've watched the UK series "Airport" and know their immigration control officers can be every bit the ####### ours can be.

What to do, what to do . . . .

And another thought: you know what, she may be sealing her fate if someone finds out , but no, no way in hell she'd be deserving it. They've set up a system that encourages lying - especially by people with truly innocent motives. You can say that is caused really by the other people who have lied and created this vicious circle, but c'mon. What an f-ed up system anyway. We have to prove a legitimate relationship. Yet as real as they want the marriage to be, you only get 90 days to plan the wedding - or you do it alone? That's not the result of a real relationship in the America I grew up in - it's a minimum 6 month parade of tradition and custom and process.

You have to worry about seeing someone while you're waiting for the paperwork to process? THAT encoruages stable relationships?

No way she deserves anything but to see her fiance. As do I. But I can't. Hers at least has a damn shot.

If I could get him here, I would, and I'd marry him and adjust status and sleep find at night because all the intent issues would be settled just fine. ####### - are you telling me no one else here has moments where they feel like that? Even if we never break the law, doesn't anyone agree the system is a LOAD OF SMOKING POO?

I'm afriad not.. the system is set up so that those who are not permitted to enter the US by law.. are not allowed in..

Individuals who have immigrant intent are inadmissible... someone who is a fiancee of a USC has a stronger claim of immigrant intent

if you withold information that may make a difference in an officer's mind on whether or not your fiancee is inadmissible, the penalty is a permanent ban on entering the US... try that on for size..

FOr instance.. if a CBP Officer ask's who you're visiting... tell them who it is... if they ask what the relationship of that person is to you... then you better come clean..

Calling a fiancee a friend is a material misrepresentation...

Here's where I still think you're wrong - first and foremost, saying that anyone "deserves" any of the raw deals regularly dealt by ICE is just plain mean and belies the reality of a system that ensnares and punishes honest people more often than it protects the public or defeats attempts at terrorism, etc. Second, regardless of the reality, the LAW is based on intent. Actual intent. Not perceived. The problem lies in the kind of evidence people are able to offer. But if you can prove no intent to stay in the country, you should be let in, period. Just because it *seems* like someone might stay - well ,tough ######. Prove they will. The system runs counter to everything we know about human nature and psychology and is designed to yield damning information from the people LEAST LIKELY to fraudulently stay in the country.

Incorrect... the law presumes that the intent is there unless you can present evidence satisfactory to the officer to the contrary... See INA 214 B

THe only individuals who have an unequivical right to enter the US are US CItizens... all others are admitted in accordance with the INA at the discretion of the CBP...

Edited February 2, 2007 by zyggy

[Caladan 19]

Does he have the new passport with the chip that can be scanned? Is there a way they will know if the K1 has been filed?

If it makes you feel better, I'm trying to stiffle my own worries as I'm headed to the UK next week. Before I absolutely said I was visiting friends, not a boyfriend. That wasn't a lie. Now, however, there is a fiance, so the stakes seem higher. I could just pocket the ring I suppose. Is it worth it to give the whole story? I've watched the UK series "Airport" and know their immigration control officers can be every bit the ####### ours can be.

What to do, what to do . . . .

And another thought: you know what, she may be sealing her fate if someone finds out , but no, no way in hell she'd be deserving it. They've set up a system that encourages lying - especially by people with truly innocent motives. You can say that is caused really by the other people who have lied and created this vicious circle, but c'mon. What an f-ed up system anyway. We have to prove a legitimate relationship. Yet as real as they want the marriage to be, you only get 90 days to plan the wedding - or you do it alone? That's not the result of a real relationship in the America I grew up in - it's a minimum 6 month parade of tradition and custom and process.

You have to worry about seeing someone while you're waiting for the paperwork to process? THAT encoruages stable relationships?

No way she deserves anything but to see her fiance. As do I. But I can't. Hers at least has a damn shot.

If I could get him here, I would, and I'd marry him and adjust status and sleep find at night because all the intent issues would be settled just fine. ####### - are you telling me no one else here has moments where they feel like that? Even if we never break the law, doesn't anyone agree the system is a LOAD OF SMOKING POO?

I'm afriad not.. the system is set up so that those who are not permitted to enter the US by law.. are not allowed in..

Individuals who have immigrant intent are inadmissible... someone who is a fiancee of a USC has a stronger claim of immigrant intent

if you withold information that may make a difference in an officer's mind on whether or not your fiancee is inadmissible, the penalty is a permanent ban on entering the US... try that on for size..

FOr instance.. if a CBP Officer ask's who you're visiting... tell them who it is... if they ask what the relationship of that person is to you... then you better come clean..

Calling a fiancee a friend is a material misrepresentation...

Here's where I still think you're wrong - first and foremost, saying that anyone "deserves" any of the raw deals regularly dealt by ICE is just plain mean and belies the reality of a system that ensnares and punishes honest people more often than it protects the public or defeats attempts at terrorism, etc. Second, regardless of the reality, the LAW is based on intent. Actual intent. Not perceived. The problem lies in the kind of evidence people are able to offer. But if you can prove no intent to stay in the country, you should be let in, period. Just because it *seems* like someone might stay - well ,tough ######. Prove they will. The system runs counter to everything we know about human nature and psychology and is designed to yield damning information from the people LEAST LIKELY to fraudulently stay in the country.

You're right that it sucks. But the burden of proof is reversed. The border dude doesn't have to show that you have actual immigrant intent to keep you out; you have to show that you don't for him to let you in on a non-immigrant visa. So a perceived intent is certainly enough to keep you out, because strictly speaking, you don't have a right to enter the U.S. in any case.

[Saddle Bronc 124]

blspicer, is it possible for YOU to go to UK for the two months instead?

[blspicer 0]

No, unfortunately since his job will be ending this year they aren't very strict with him. Most of the time he works when there is work, it's very believable that when he comes in march he says that he's going to try to stay for 2 or 3 months unless work calls him back. And they will let him come back to work in July and he'll work part time until we get accepted. My job isn't as flexible, and i have more bills than he does so i can't do without the money for 2 months. There's just no easy way to do this.

[buffertortoise 0]

Hey guys,

My fiance is planning to send our case to CSC today, and I have made a plan to visit her in California in a week, staying for 10 days. Do you think this will be an issue? I doubt that any information will even have been processed at CSC by then. My main concern is what I should say when asked who I am visiting, should I say 'friends', 'girlfriend' or 'fiance'?

Any information would be great,

Thanks,

Buffertortoise

[zyggy 9]

Hey guys,

My fiance is planning to send our case to CSC today, and I have made a plan to visit her in California in a week, staying for 10 days. Do you think this will be an issue? I doubt that any information will even have been processed at CSC by then. My main concern is what I should say when asked who I am visiting, should I say 'friends', 'girlfriend' or 'fiance'?

Any information would be great,

Thanks,

Buffertortoise

When asked a direct question, give a direct and completely honest answer... If she is your fiancee.. then state so...