denied entry to the us in airport

[rustyrra 0]

So im hoping this is the right place I haven't been on VJ since my wife got her GC in 2011, but this site helped then and im hoping it will help now. So the deal is my brother in law seems to have fallen hard for a girl in the states (hes German) and he was enrolled in school here and they started dating. The school thing didn't work out for him so he went home. about 6 weeks ago i think he came over to the states to talk to her about the future and they decided that they wanted to live together before applying for a k1. Which after going through that process myself its a smart idea.

So he had a 6 month tourist visa and he was going come and hang out with her to see if they could even live together, today he got denied entry upon arrival in Chicago and during their interrogation they found out he misled them because he didn't say he was coming to stay with his girlfriend (because they would of denied him for that) so he said he was visiting a friend. but then they found paper work in his luggage about the k1 and other documents that may lead a investigator to believe that his intent was to stay in the states, which it wasn't he was just trying to be prepared for his GF.

So now he's on his way home and Im trying to figure out what his options are. is there a wavier or an appeals process to help him out.

[Auds 223]

Did he get a ban of any sort?

If not then K1's the way to go...

[rustyrra 0]

no they said he would have to go to the embassy in germany to apply for the visa they did revoke his current visa, but wouldn't this put a pretty big flag up for the k-1 and risk them not getting that.

[NigeriaorBust 4,087]

Not much for options. IF he already had the visitors visa and left from a student visa they aren't opt to give him any non immigrant entry.,

[Hypnos 6,576]

He'll likely need either a K-1 or an immigrant visa (or another dual-intent nonimmigrant visa) to be able to enter the US, at least for the next couple of years.

Traveling with those kinds of documents in your luggage when it's available online for free was not smart.

[Boiler 45,486]

K1 or she can go and stay with him.

[Harpa Timsah 13,258]

People are allowed to visit girlfriends. They wouldn't have denied him entry necessarily for being honest. Now he pays the consequences.

[Georgia16 2,858]

Why do you think he would be denied for saying girlfriend?? No reason to lie it makes it worse as you can see so very bad idea.

[JFH 12,190]

So he had a B-2? Wasn't using the VWP?

I have to say, I can see why he was denied. You yourself said he wanted to "live" with his girlfriend. So, had he packed in his job back home? Annual leave is generous in Germany but I never got 6 months a year when I worked there (and I worked for the government where things tended to be more generous than private companies). If he wasn't working or in any form of education and went to spend 6 months with his girl, he was living with her. Or trying to. That's not a visit.

Unfortunately the USA does not have a visa class for "might get weds". It's either "already weds" or "almost weds". There's no "try before you buy" option like there is in Europe.

Saying he was visiting a friend was his downfall. They know what that means. Never play with the truth. It's not illegal to have a girlfriend in the USA. Be upfront.

[TabeaK 517]

This won't affect the chances for a K1, but him getting another visitor visa over the next couple of years are slim to none. He also can't enter under ESTA for the forseeable future.

Very unfortunate incident. They can file for a K1 now, if they choose to do so, or the gf can come to Germany to visit...if married, she can come to Germany and register there - no separate visa process or waiting outside the country.

If marriage is not on the cards, she can come visit and apply for a work permit - this requires special skills, which I don't know if she has them. There are also study permits and au pair permits, if that is an option.

[IcezMan_IcezLady 582]

It wouldn't impact K-1 or CR-1 process if he chooses to embark on any of those.

He lied and got caught. Sucks!

[KierenHby 899]

He lied and CBP found out. CBP decision is not appealable. A waiver would just tie him with paperwork and unnecessary fees.

Suggest the girlfriend visit him, and they look at a K-1 down the road if that's what they both want.

[Boiler 45,486]

A waiver only comes into play if the Consulate would issue him another B and he has a ban.

I doubt either applies.

[Californiansunset 336]

This won't affect the chances for a K1, but him getting another visitor visa over the next couple of years are slim to none. He also can't enter under ESTA for the forseeable future.

Very unfortunate incident. They can file for a K1 now, if they choose to do so, or the gf can come to Germany to visit...if married, she can come to Germany and register there - no separate visa process or waiting outside the country.

If marriage is not on the cards, she can come visit and apply for a work permit - this requires special skills, which I don't know if she has them. There are also study permits and au pair permits, if that is an option.

Actually it's way easier than that to get a work permit in Germany. The Internet and what people say makes it sounded really difficult especially considering that it says that the employer will have to prove that this person has special skills etc. I have two U.S. friends who obtained a work visa for Germany just by having a letter from the employer stating that they offered them a job. That's it. Just a short letter that the person will get a job if he receives a work visa. One of them was offered this job at a German bakery...

[Nele 11]

Aw man, I feel so bad for your brother... How long have they been dating?

It'll be alright but the visiting part will be more on her side for the time being.
Here's what's up, if you survive a long distance relationship for a while, odds are slim that you won't survive living together. There is no way to prepare you anyway. 6 months on a love vacay is not the same as living and working together for the rest of your life. So if they're really in love, they'll find their way and just go with the K1 visa when they're ready.