Fiancée threatened with deportation by customs agent after arriving at airport for false accusations. How concerned should we be?

[P055UM 289]

6 hours ago, aerokkaido said:

Either way, not an abuse.

When it comes to entering the US as a non-LPR/citizen, you’d do well to understand that it is fully down to the discretion of CBP. 
 

I had a similar experience to your fiancée once: entering for comfortably less than permitted (but longer than most people could practically do), letter from employer, savings, mortgage statements showing ties to home country etc etc. 

 

I was going by the book and had evidence to prove it. I was still *this* close to not being let in. The officer was just super skeptical, rightly or wrongly.

 

You just have to understand that they can give a hard time or deny entry and rather than getting angry that it isn’t fair, which I have sympathy with, find a way of avoiding the situation in the future - ie use the B2 less.

[Boiler 46,219]

Who gets 5 months a year vacation?

[EmilyW 1,542]

OP, I get that you believe you were poorly treated.  Border officials can be ornery and difficult from time to time.  The reality is, your girl is misusing her B2 and it's in danger if the pattern of coming to the US to live (which you admit is what she was doing - i.e, you were both seeing if living together was viable) continues.  She may not have intended to misuse it, but clearly border officials believe she has.  You've received good advice for you to visit her in her country, or a third country.  That way you get to continue to see each other, without the stress of getting turned around at the border.

[Crazy Cat 42,479]

8 hours ago, aerokkaido said:

Either way, not an abuse. 

That might be your opinion, but it is irrelevant.  CBP needs only suspicion...and she is already on their radar.  She needs to remain outside the US for an extended amount of time.  I think @TBoneTX said it well.  

I would certainly refrain from trying to enter the US without a proper K-1 or CR-1 visa. 

Edited yesterday at 02:17 PM by Crazy Cat

[Yareth 86]

8 hours ago, aerokkaido said:

How is this an abuse of the B2? The B2 specifically states that your allowed to stay for SIX MONTHS. We did not go past six months or close to six months at any point. In the entire year, over five different trips, it will have been 5 months. It would have been a smaller amount of time if her family in Chicago didn't kick her out because she was dating me, as I already said, we did not plan on having it be this long and we have our reasons. Either way, not an abuse. 

In the B2 tourist visa official page, it has "visiting friends/family" as a valid reason: https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visitor.html/visa. This is obviously not a paid vacation and no one ever said it was. 

Rule of thumb is to spend twice as much time away from the US as compared to the time in the US. 

You seem to be under the impression that there is a notion of fairness and equal exchange when it comes to access to the US for visitors. This is most decidedly not the case. Visitors are always assumed to have immigrant intent and the visitor is burdened with the task to prove that they will leave the country in a timely manner and that they will adhere to the visa that has been given to them. 
The manner of conduct of the CBP officer is annoying, but not out of the ordinary. 

The way that your fiancée used the tourist visa is out of the ordinary (staying longer than intended and returning very quickly after the long stay) and the CBP is right to suspect abuse of the tourist visa. 

 

Remember, the burden is on the visitor to prove otherwise. 

[yuna628 9,733]

OP: Your girlfriend is pushing it and I would not try to enter until she has a K1. Spend the time visiting her instead - this will provide good evidence in the future. She is extremely lucky she wasn't sent back.

 

When my husband, then boyfriend, first entered the US we had no clue about anything. No idea what to expect. He was grilled for an hour about every single aspect of our lives. Anything you can think of they demanded to know. It was brutal, annoying, and accusatory. But for every question, he kept cool and had an answer. For over ten years, we made sure to keep those visits brief and about twice a year - never pushing it. Always leave when you say you will and always stay out longer than you stay in. The CBP was satisfied with that.

 

In your case the pattern of behavior and burden of proof is on your girlfriend. The CBP is suspicious and I'd never try and push their buttons ever again.

[Crazy Cat 42,479]

The real risk here is that she could be admitted, then immediately removed the next time she tries to enter via a B2.  An expedited removal would result in an automatic 5 year ban. to ANY entry.

Edited yesterday at 06:54 PM by Crazy Cat

[Rocio0010 5,669]

15 hours ago, aerokkaido said:

live

That's the key word in all your narrative. B1/B2 visas are NOT meant to live in the US. And CBP knows that. Just because the visa has a six month validity it does not mean she's entitled to stay the full six months. CBP does not own her anything, and any entrance until you're a resident is at their won discretion. So, whether you like it or not, don't push them because they will deny her entry next time, and that will result in a bar. Go to Ecuador or meet somewhere else until she gets the K1. Keep those encounters to a minimum.

[YecaCruz 382]

She's lucky to have a B1/B2 as a young, single person from Latin America. Maybe it's easy to get in Ecuador, but it's near-impossible for a young, single person to get a B1/B2 in Nicaragua. I would have given an arm and a leg for my then fiancé/boyfriend to be able to come visit me; but we made it work, because we had to, with videochats and me taking time to visit him 3 few times over our 6-year separation. 

As many others have said, the plane flies both ways. Make plans to go see her; get to know her family and culture better. Many have offered some very good perspectives and it's important to evaluate this past experience through a CBP-lens. 

Edited yesterday at 04:53 PM by YecaCruz

[mam521 2,230]

1 hour ago, Rocio0010 said:

Just because the visa has a six month validity it does not mean she's entitled to stay the full six months.

Adding to this, CBP is NOT in any, way, shape and/or form obligated to give her a 6 month admittance.  They could decide in that moment that it's a week and that's what she gets.  Have you guys checked her I-94 to see how long she was legally admitted for with each stay?  

 

Visitors to the US should treat it as a privilege.  Obtaining an immigrant benefit in future is also a privilege.  The US owes her nothing.  The same is true for you in her country - it's a privilege to visit her and her country owes you nothing.  When you accept this and adjust your expectations, you'll find yourself in a better position.  

[Ontarkie 14,529]

She was really lucky they let her in after you told them she was living with you. Time for you to start making the trips. 

[JKLSemicolon 427]

14 hours ago, aerokkaido said:

I don't think this actually matters because they aren't going to check my records/passport when she's the one flying into the USA. Thanks for the relationship advice. 

If/when applying for a fiancee visa or the (in my opinion) far superior spousal visa, you should absolutely have plenty of proof ready to submit - flight receipts, boarding passes, passport stamps, respective credit card statements with transactions in the same place and time, etc. - of your trips to visit one another (emphasis mine because that’s the purpose of the B2 visa).

[Cathi 5,794]

A B-2 visa is for VISITING the U.S, not for living together in the U.S. to see if your relationship is going to work out, visa. Just sayin'.

I'm very surprised she wasn't deported and her visa permanently revoked after you admitted to CBP that you were living together. She is extremely lucky!

Edited 22 hours ago by Cathi

[Mart_Cy 0]

I would suggest that you take this very seriously and seek the assistance of a qualified immigration attorney to determine the best course of action for you and your fiancée.

 

While it's possible, it's not a good idea to enter the US on a different kind of visa while your K1 application is still pending because this puts your K1 visa application process at risk.

 

Now that your fiancé's situation has come to light, her K1 visa application will be closely examined. Take this extremely seriously because it may also make it more difficult for her to obtain a future visa to the US.

Edited 18 hours ago by Mart_Cy

[Rocio0010 5,669]

9 hours ago, Mart_Cy said:

I would suggest that you take this very seriously and seek the assistance of a qualified immigration attorney to determine the best course of action for you and your fiancée.

Not needed. What they need to do is to actually get very acquainted with the process themselves. Nothing an attorney can do that you can't.

 

9 hours ago, Mart_Cy said:

While it's possible, it's not a good idea to enter the US on a different kind of visa while your K1 application is still pending because this puts your K1 visa application process at risk.

Not really. Why do you say this? If she has a visa she can enter, as long as she leaves on time and answers questions truthfully.

 

9 hours ago, Mart_Cy said:

Now that your fiancé's situation has come to light, her K1 visa application will be closely examined. Take this extremely seriously because it may also make it more difficult for her to obtain a future visa to the US.

Also not true.