visiting USA

[John&Julie 2]

I am with my wife in France and we are planning to visit my family in the USA while her I 130 is under review. 

 

She made a mistake and didn't register our marriage with France when we got married in New Zealand and now we have to send our original marriage certificate back to the French embassy in New Zealand so they can validate it. Do we need to present US customs with our marriage certificate? Would be be important for them to know we married abroad? Would a copy of the original be ok?

 

Also, my worry is that she doesn't have much proof of her intentions not to stay in the US and will get turned away. She is not currently employed in France, doesn't have any utility bills in her name, plans to travel Central America so she doesn't have a return ticket to France. What can we do to assure US customs that she doesn't plan on overstay her visa?

 

 

[GreatDane 366]

Given her status, it seems unlikely that she would be granted entry. She could even be rejected from ESTA online as she has to disclose her marriage, etc. or rejected at the airport. She could get lucky and either get asked no questions or manage to convince them that'll she be returning, however evidence isn't on her side. I would wait until her petition is approved and then take your trips. If you don't mind the gamble and losing out on the cash/vacation, then you could risk it. I wouldn't.

[Crazy Cat 42,732]

Well established immigrant intent + weak ties to her country= at least a 50/50 chance of denial, imo.  There isn't much you can do at this point short of either taking the risk or delaying the trip. 

If she decides to try to enter the US, always be completely honest when asked questions.

[JFH 12,191]

What's the relevance of the marriage here? Does France require an overseas marriage to be registered? In the U.K., a marriage in another country is automatically recognized as legal in the U.K. But wgat role does France plus in her attempts to visit the USA as a tourist? Being married or not makes no difference. 

 

All she can do is hope for the best. No entry is ever guaranteed except for USCs. FWIW I was rarely asked about "ties to home" and I entered over 40 times on the VWP before I immigrated. I was occasionally asked what work I do. Once I was asked for the name of the company and my manager's phone number. No one called her (and it was 2 am in the U.K. when I was standing at the CBP desk anyway so even if they did call there would have been no answer). 

[John&Julie 2]

JFH - France requires registration two or three months before the actual date. It was an oversight on our part. France recognizes me as married but not my wife, even though she is French citizen. For me it makes no sense.

 

Thank you for the replies. We will review our options and hope for the best.

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[SusieQQQ 11,587]

On 8/2/2018 at 8:02 PM, John&Julie said:

I am with my wife in France and we are planning to visit my family in the USA while her I 130 is under review. 

 

She made a mistake and didn't register our marriage with France when we got married in New Zealand and now we have to send our original marriage certificate back to the French embassy in New Zealand so they can validate it. Do we need to present US customs with our marriage certificate? Would be be important for them to know we married abroad? Would a copy of the original be ok?

 

Also, my worry is that she doesn't have much proof of her intentions not to stay in the US and will get turned away. She is not currently employed in France, doesn't have any utility bills in her name, plans to travel Central America so she doesn't have a return ticket to France. What can we do to assure US customs that she doesn't plan on overstay her visa?

 

 

Can you clarify “Central America”? Is it south of Mexico, not Mexico itself? If the latter without a return ticket back to France (or onward ticket elsewhere) within 90 days, that won’t work for ESTA admittance. 

Edited August 4, 2018 by SusieQQQ