Enter with a B2 visa with special circumstances

[Xlelx 0]

Visa question for my wife

Background:

 

I am a US citizen who have lived oversea for 10 years and married outside the US with my wife exactly a year ago. Before we were married, my wife had secured a B1/B2 visa. After we were married, she NEVER filed for any marriage green card applications and we have never planned to return to the US for good as we still have good parts of our lives tied to the country we are living in. (eg., our families were all there)

 

Recently, I have quitted my job and was accepted to a 4-months certification course in SF that starts in April and I want to bring my wife over with me for the duration of the program. For which, I have already booked an airbnb and have bought a round trip ticket to return to that country. 

The sole purpose of her trip is really to stay with me for the duration of the program and really just touring, no strings should attach. However, I am afraid that the POE will deny her entry as she is married to me and thinking that she maybe conspiring a visa fraud and file for an adjustment of status. 

 

I tried to find lawyers in my current country to consult what to say, but none of them are willing takes my case as this case is not within their servicing scope. 

 

I am not sure what she should say at the POE and what document she needs to bring to persuade the officer at POE that she would leave with me after my program is completed. As we will be visiting a few friends over here in the US, should she proactively reveal the fact that she is married to me oversea and that her trip is to stay with me or should she be a little vague and not mention that she is married to a citizen and that she is entering the US just to visit friends and travel around, which is not exactly lying?

FYI, the country we are currently in are not considered high risk for the coronavirus. 

 

[Dashinka 24,769]

When does this certification course begin?  If soon, I think it will be delayed if it requires a lot of individuals to congregate in a classroom, or auditorium.

 

 

[JFH 12,191]

She should answer any question that she is asked truthfully. She does not need to volunteer additional information that is not asked but any question that is asked must be answered truthfully. 
 

She may or may not being admitted. She may only be admitted for a week or a month. Who knows? It’s the CBP Officer’s decision, no one else’s. All she can do is bring evidence of her reasons to return home, answer the questions and hope for the best 

Edited March 19, 2020 by JFH

[African Zealot 1,456]

In my opinion there is nothing unusual about your situation or any cause for concern. You must be more concerned about how the virus impacts things. 

 

Immigration officers are definitely more on edge now with the travel ban and overall fear of infection thus chances of any noncitizen being denied entry is much higher.

 

IMHO you do it need a lawyer because they can do nothing for you, this is a visitor visa situation. Travel with ample documents showing your ties to that country as well as your spouse. Home deeds, bank accounts, investment accounts etc.

 

Approach the immigration officer together and be honest and straightforward.

 

Good luck.

[Lucky2Lucky 2,526]

I’d be more concede that your course would not happen. Are you aware San Francisco is in lockdown currently ? I highly doubt in two weeks time people will be able to gather in large groups; trainings /education are being cancelled, postponed or moved to online formats.

[SusieQQQ 11,587]

As others have said. There is a shelter in place order in the Bay Area till at least April 7. It may be extended. Even if it’s relaxed many things will remain closed for a while. Your course may or may not happen, certainly your wife’s plans for touring at least in the shorter term will be largely restricted to the inside of your Airbnb. in your situation I’d be proactive and postpone.
 

https://www.sfchronicle.com/local-politics/article/Bay-Area-must-shelter-in-place-Only-15135014.php

 

https://www.sfchronicle.com/bayarea/article/Bay-Area-to-shelter-in-place-What-you-need-15135087.php

 

 

 

Edited March 19, 2020 by SusieQQQ

[Xlelx 0]

Thanks everyone for your replies.

 

I am definitely aware of the city’s lockdown recently. My class will actually begin the very last week of April or it may be postponed by a week. The class will be online until it is not in lockdown anymore, it could be two months online and two months in-person according to the program’s manager. 
 

2 hours ago, Ray.Bonaquist said:

In my opinion there is nothing unusual about your situation or any cause for concern. You must be more concerned about how the virus impacts things. 

 

Immigration officers are definitely more on edge now with the travel ban and overall fear of infection thus chances of any noncitizen being denied entry is much higher.

 

IMHO you do it need a lawyer because they can do nothing for you, this is a visitor visa situation. Travel with ample documents showing your ties to that country as well as your spouse. Home deeds, bank accounts, investment accounts etc.

 

Approach the immigration officer together and be honest and straightforward.

 

Good luck.

I am also a lot more concerned about the immigration officers being a lot more uptight due to the coronavirus outbreak especially for California... and SFO in general. I am very worried about my wife getting her entry denied as we have never left each other for more than a week over the past 8 years we’ve known each other for. 
 

At the immigration, do you think if I’m allowed to line up at the non-immigrant line with her so we can explain our situation a bit more clear to the immigration officer? At the very least, if she gets her entry denied in the worst case, I can give her a goodbye hug in person. 

[SusieQQQ 11,587]

You will almost certainly be allowed in the same line. Not only that, but it may be even seen as suspicious (trying to hide your relationship) if you go in separate lines. So definitely ask the person directing people.

 

i think the fact that you resigned your job for this (and she obviously doesn’t have one, to go away for 4 months) is going to be a big negative for proving ties to return home/overcoming immigrant intent assumption.  
 

4 hours ago, Xlelx said:

I am not sure what she should say at the POE and what document she needs to bring to persuade the officer at POE that she would leave with me after my program is completed. As we will be visiting a few friends over here in the US, should she proactively reveal the fact that she is married to me oversea and that her trip is to stay with me or should she be a little vague and not mention that she is married to a citizen and that she is entering the US just to visit friends and travel around, which is not exactly lying?

She should answer questions truthfully without volunteering more information than required. Obviously if she is in the same line as you they will know she’s with you. If she ends up in a different line: If they don’t ask her anything she doesn’t need to volunteer. But if she is asked and says she is entering to visit friends and travel - that is misrepresenting why she is coming. They will find out about 2 seconds after that what the real situation is, assume she is lying to hide her true intentions, and probably deny her entry as a result.