Wife with B1/B2 Visa | Best preparation to proof intent of just a visit

[Adam45 0]

Hello community,

 

I need your advice, please. I'm American and I just got married to a non-American outside the U.S. She already has her B1/B2 visa, and we are planning to visit the U.S. for six months before returning to her country.

My concerns are:

1. When we arrive at the NYC airport, will immigration officers trouble us, thinking she might plan to stay permanently since we are married, or will they let us in without issue?

2. Since she doesn't know English, will she be able to come with me through the Citizens immigration line?
    

I would greatly appreciate any feedback!

[wildbug100420 100]

14 minutes ago, Adam45 said:

Hello community,

 

I need your advice, please. I'm American and I just got married to a non-American outside the U.S. She already has her B1/B2 visa, and we are planning to visit the U.S. for six months before returning to her country.

My concerns are:

1. When we arrive at the NYC airport, will immigration officers trouble us, thinking she might plan to stay permanently since we are married, or will they let us in without issue?

2. Since she doesn't know English, will she be able to come with me through the Citizens immigration line?
    

I would greatly appreciate any feedback!

Follow the signs for the appropriate visitors line. Be prepared to answer truthfully the purpose of visiting. All entries at discretion of cbp. You may get up to 6 months but it could be less. 

[JeanneAdil 6,489]

Knowing the airport would help as VJ members have them all 

JFK and Atlanta let the non citizen go with spouse to USC line

 

and traveling to US with USC spouse,  CBP can assume u have intent to adjust and stay 

[Vickys_Mom 223]

39 minutes ago, Adam45 said:

When we arrive at the NYC airport, will immigration officers trouble us, thinking she might plan to stay permanently since we are married, or will they let us in without issue?

Since she doesn't know English, will she be able to come with me through the Citizens immigration line?

 

 

Could they ask about it?  Of course they could.  They are going to assume that you are bringing her to the U.S. and plan to change her status while she's here.  That's a violation of her visa (you can't visit the United States with intent to immigrate) and is going to influence everything you do from now on.

 

So make sure you have evidence that it's not going to happen.  Make sure she has a return plane ticket.  Make sure she has something from her employer indicating that they know she's visiting you in the U.S. and she plans to be back on a specific date.  Make sure you have enough evidence to convince them that you guys are playing by the rules.  Don't give them too much information, but if they ask you straight questions like "are you married", answer honestly.  You can explain that you know she's required to go back and wait in her own country until the immigration process is complete.  She's allowed to visit during the process, but it has to be a visit.

 

Do not lie.  Do not mislead.  The worst thing you can do is give them any indication that you're not telling the truth.  You're playing a long game here...it'll be years before she has a permanent status in the U.S.  You want these people to be understanding and cooperative.

 

(removed)

 

And if they separate you, you can volunteer to stay with her and translate.  But she really needs to be able to present her case by herself.  They'll find someone to translate.

 

The worst case is that they decide not to let her in the U.S. on this trip.  It's a very low chance, but USCIS can refuse admission to anyone they want.  Allow for that possibility.

 

Regards,

Vicky's Mom

Edited July 29 by Vickys_Mom
Another VJ member mentioned that both can use the US Citizens' line at JFK.

[Dashinka 24,476]

28 minutes ago, Vickys_Mom said:

 

Could they ask about it?  Of course they could.  They are going to assume that you are bringing her to the U.S. and plan to change her status while she's here.  That's a violation of her visa (you can't visit the United States with intent to immigrate) and is going to influence everything you do from now on.

 

So make sure you have evidence that it's not going to happen.  Make sure she has a return plane ticket.  Make sure she has something from her employer indicating that they know she's visiting you in the U.S. and she plans to be back on a specific date.  Make sure you have enough evidence to convince them that you guys are playing by the rules.  Don't give them too much information, but if they ask you straight questions like "are you married", answer honestly.  You can explain that you know she's required to go back and wait in her own country until the immigration process is complete.  She's allowed to visit during the process, but it has to be a visit.

 

Do not lie.  Do not mislead.  The worst thing you can do is give them any indication that you're not telling the truth.  You're playing a long game here...it'll be years before she has a permanent status in the U.S.  You want these people to be understanding and cooperative.

 

(removed)

 

And if they separate you, you can volunteer to stay with her and translate.  But she really needs to be able to present her case by herself.  They'll find someone to translate.

 

The worst case is that they decide not to let her in the U.S. on this trip.  It's a very low chance, but USCIS can refuse admission to anyone they want.  Allow for that possibility.

 

Regards,

Vicky's Mom

Just to be clear, I think you meant CBP can refuse admission... 

 

[JD2 72]

Why not just go separately?  Have her download Google Translate.  They probably won't know y'all are married if y'all go separately unless you volunteer it.  If asked, answer truthfully.  But you have no obligation to notify them.  Main things IMHO are home country residence proof (lease, mortgage, etc.) and job proof (pay stubs, letter from employer giving paid time off, etc.)  

Edited July 30 by JD2

[carmel34 3,620]

22 hours ago, Adam45 said:

I need your advice, please. I'm American and I just got married to a non-American outside the U.S. She already has her B1/B2 visa, and we are planning to visit the U.S. for six months before returning to her country.

She should be prepared to answer the question, "How are you able to stay in the US for six months if you have strong ties to your home country?"  Does she have a job in her home country that she has to go back to, and if so, how is she able to stop working for six months?  Does she own property and have other obligations in her home country?  A six month proposed stay will raise red flags.  Most people can only get a few weeks off work to visit the US temporarily on a B2 visa.  I agree with others that she is more likely to be admitted on a short visit of 3-4 weeks max.