Possible troubles after entry on Visa Waiver Program denied?

[shogimatt 0]

My wife, who has come to the US four times before on the VWP was denied entry on the basis of our recent marriage (in the US) which apparently indicates an intent to immigrate, violating the terms of the VWP. Incidentally, Japan (her country) does not seem to mind people entering on the VWP even if they are currently filing for a spouse visa...

We have not filed any paperwork yet. My question is, will the K3 become harder for us? Will the initial petition for recognition of our marriage become harder or take longer?

We had planned on living here with brief interruptions to comply with the VWP until we got the K3. How naive we were, thinking that there was some way for us newly-weds to avoid spending the first year of our marriage apart.

Now we're planning on having me move to Japan to live with her until this is all over. By the way, the Japanese embassy in San Francisco claims that the spouse visa may only take 4 days, ... let me just throw out all of the expletives and restrict my comments to: "That's fast."

Another question is, can we get a K3 or similar visa while in Japan?

I feel pretty sick at this point. "My" government interrogated my wife for over 5 hours, and they hurt her. They accused her of having a fake marriage, even though 10 hours after her flight landed we were still pleading just to see each other for a few minutes. She had never overstayed and had every intention not to overstay this time.

Thank you for your help! I intend to read many other posts here, but I was hoping someone with experience in a situation similar to ours would be able to share some of their insights.

[Old Dominion 26]

My wife, who has come to the US four times before on the VWP was denied entry on the basis of our recent marriage (in the US) which apparently indicates an intent to immigrate, violating the terms of the VWP. Incidentally, Japan (her country) does not seem to mind people entering on the VWP even if they are currently filing for a spouse visa...

We have not filed any paperwork yet. My question is, will the K3 become harder for us? Will the initial petition for recognition of our marriage become harder or take longer?

We had planned on living here with brief interruptions to comply with the VWP until we got the K3. How naive we were, thinking that there was some way for us newly-weds to avoid spending the first year of our marriage apart.

Now we're planning on having me move to Japan to live with her until this is all over. By the way, the Japanese embassy in San Francisco claims that the spouse visa may only take 4 days, ... let me just throw out all of the expletives and restrict my comments to: "That's fast."

Another question is, can we get a K3 or similar visa while in Japan?

I feel pretty sick at this point. "My" government interrogated my wife for over 5 hours, and they hurt her. They accused her of having a fake marriage, even though 10 hours after her flight landed we were still pleading just to see each other for a few minutes. She had never overstayed and had every intention not to overstay this time.

Thank you for your help! I intend to read many other posts here, but I was hoping someone with experience in a situation similar to ours would be able to share some of their insights.

You'll first need to file the I-130 petition with the USCIS, and here is the link to the advice you need http://www.visajourney.com/forums/index.php?showtopic=302

It seems simpler to me, at least, to do this from your current residence, but I'm sure it can be filed just as easily from Japan. Plan to live in Japan for quite a few months. The Japanese Embassy in the U.S. is not a good source for advice on the U.S. immigration process. It's too bad she was turned down for admission under the VWP and that she was treated so harshly. Good luck.

[shogimatt 0]

Now we're planning on having me move to Japan to live with her until this is all over. By the way, the Japanese embassy in San Francisco claims that the spouse visa may only take 4 days, ... let me just throw out all of the expletives and restrict my comments to: "That's fast."

You'll first need to file the I-130 petition with the USCIS, and here is the link to the advice you need http://www.visajourney.com/forums/index.php?showtopic=302

It seems simpler to me, at least, to do this from your current residence, but I'm sure it can be filed just as easily from Japan. Plan to live in Japan for quite a few months. The Japanese Embassy in the U.S. is not a good source for advice on the U.S. immigration process. It's too bad she was turned down for admission under the VWP and that she was treated so harshly. Good luck.

Just to clarify, the Japanese embassy said that getting a spouse visa to go to Japan would take around 4 days. The Japanese embassy wasn't claiming anything about spouse visas to the US.

Thank you for the information. I was aware of the I-130 petition, but I am wondering if the denial of entry has any effect on our chances of getting the I-130 approved, or if it only affects the K3 visa, or if neither will be affected.

[Carlawarla 1]

My wife, who has come to the US four times before on the VWP was denied entry on the basis of our recent marriage (in the US) which apparently indicates an intent to immigrate, violating the terms of the VWP. Incidentally, Japan (her country) does not seem to mind people entering on the VWP even if they are currently filing for a spouse visa...

We have not filed any paperwork yet. My question is, will the K3 become harder for us? Will the initial petition for recognition of our marriage become harder or take longer?

We had planned on living here with brief interruptions to comply with the VWP until we got the K3. How naive we were, thinking that there was some way for us newly-weds to avoid spending the first year of our marriage apart.

Now we're planning on having me move to Japan to live with her until this is all over. By the way, the Japanese embassy in San Francisco claims that the spouse visa may only take 4 days, ... let me just throw out all of the expletives and restrict my comments to: "That's fast."

Another question is, can we get a K3 or similar visa while in Japan?

I feel pretty sick at this point. "My" government interrogated my wife for over 5 hours, and they hurt her. They accused her of having a fake marriage, even though 10 hours after her flight landed we were still pleading just to see each other for a few minutes. She had never overstayed and had every intention not to overstay this time.

Thank you for your help! I intend to read many other posts here, but I was hoping someone with experience in a situation similar to ours would be able to share some of their insights.

After four visits, and one of those visits you were married, I'm surprised you haven't filed paperwork already for a K-3. If you're thinking of going to live in Japan, one of the things you might want to look into is seeing if you can DCF to the US. How long does it take to have the government there consider you are "resident". What are you going to use as your financial means if you go over and live with her for up to a year while this is being processed? Do you have a residence in the US where your mail can come, and can easily be sent over to you for follow-up?

Her denial won't be held against her at all. Many people going through a K type visa have been denied for coming too often, or not having enough ties to their home country(should have employment letter, banking information, lease agreement etc.). Maybe she didn't have enough ties to Japan? I'd wonder too if at the border and I was an official and she said you two were married, and no immigration paperwork had been submitted yet. It might look without further questioning that you were getting her to come over here on a visit, and just trying to adjust status during the visit.

Go to the Tabs above, read the Guides, or CR-1, K-3, and DCF. Choose what might be the right visa for you two.

You might find more answers here on this thread where others have petitioned fiances from Japan.

http://www.visajourney.com/forums/index.php?showforum=90

Best of luck!

Edited October 21, 2008 by Carlawarla

[himher 634]

That's a terrible thing to have happen, however, it is not unexpected or unusual and it happens all the time. All over the USCIS website and in every state department embassy website they say that they assume everyone is an intending immigrant and the burden of proof is on the visitor to show their intent to return and ties to their home country. They denied us a visitor's visa even after we sent in the 60 pages of petitions etc and payed the fees. They knew dam well we were following the letter of the law - we already filed and paid - and still said we did not meet the requirements for a visitor visa while we were waiting for our application to be approved.

Please understand that your fastest option for entry for your wife is for you to file for a K3 or just I130 (IR1) now from the US (best is mail it the day after you are married). It should be adjudicated in about 6 months, give or take a few weeks, she will be issued her visa in her home country and will be able to legally enter the US after that. That is what we did, my wife is also from Asia - and I was stuck with being apart and having to go visit her until our application was approved.

Remember while you are living in Japan waiting on your application to be processed that at some point you will have to show current employment, bank statements, and income (they asked, for the visa interview, for my recent pay statements). You will probably need to be prepared to show that you meet, at that point in time, the income requirements that are listed in whatever affidavit of support that you will have to file (I134 then I864 for K3, I864 for IR1). In my case, had I not been in the US and working, that would have been a bit difficult.

Whatever you choose, good luck to you and your wife.

[frali 2]

Just to confirm... The rejection to let her enter the country will have no impact on you filing for K3 or IR1/CR1 visa.

Godspeed!

[payxibka 10,045]

Another question is, can we get a K3 or similar visa while in Japan?

visas to the USA are only available at posts outside the USA .... same is true for every other country as well... visas are only required to seek permission to enter a country... if you have already entered the country, you no longer require a visa

[shogimatt 0]

After four visits, and one of those visits you were married, I'm surprised you haven't filed paperwork already for a K-3. If you're thinking of going to live in Japan, one of the things you might want to look into is seeing if you can DCF to the US. How long does it take to have the government there consider you are "resident". What are you going to use as your financial means if you go over and live with her for up to a year while this is being processed? Do you have a residence in the US where your mail can come, and can easily be sent over to you for follow-up?

Her denial won't be held against her at all. Many people going through a K type visa have been denied for coming too often, or not having enough ties to their home country(should have employment letter, banking information, lease agreement etc.). Maybe she didn't have enough ties to Japan? I'd wonder too if at the border and I was an official and she said you two were married, and no immigration paperwork had been submitted yet. It might look without further questioning that you were getting her to come over here on a visit, and just trying to adjust status during the visit.

Go to the Tabs above, read the Guides, or CR-1, K-3, and DCF. Choose what might be the right visa for you two.

You might find more answers here on this thread where others have petitioned fiances from Japan.

http://www.visajourney.com/forums/index.php?showforum=90

Best of luck!

Thank you for the info! Yes, she had no provable ties to Japan other than her family.

I work from home, and my work won't be impacted when I go to Japan. Hopefully it will be recognized as enough to support two people.

This all seems a little invasive to me. Isn't it our business whether we have enough money to support the two of us? How many Americans are sitting on tens of thousands of dollars in credit card debt? Not to mention that without these immigration laws my wife and I would be at least $5000 (unneeded tickets, application fees, etc.) richer and much happier. The money alone is enough for 6 months of rent and food for two.

And, after jumping through all of their financial hoops, what if we didn't have "enough" left to support the two of us? Would we then forfeit our right to see one another?

These questions are all rhetorical. The last thing all of you need is more negativity, so I'll try to keep it to a minimum. Thank you all for your comments, and I'll keep you posted as we go through the process! We're slowly getting over what happened. Things will be alright!

[MsZ 6]

When you become more familiar with the process, you'll understand that the economic interest is practical -- you will be promising to support your wife for (approx) 10 years so that other taxpayers do not have to.

I'm sorry she was turned away but this is where doing research first would have saved you.

Just get your I-130 filled out and into USCIS and get the ball rolling. You'll have plenty more to complain about before the end of your visa journey. But you'll be in good company. ;-)

[u2rsobad 0]

When you become more familiar with the process, you'll understand that the economic interest is practical -- you will be promising to support your wife for (approx) 10 years so that other taxpayers do not have to.

I'm sorry she was turned away but this is where doing research first would have saved you.

Just get your I-130 filled out and into USCIS and get the ball rolling. You'll have plenty more to complain about before the end of your visa journey. But you'll be in good company. ;-)

Perfectly stated MsZ!

Shogimatt...please read through the guides above. This should answer many of your questions and of course, we're all here to help and be a sounding board when you need to vent. There seems to be no real rhyme or reason as to why some get processed faster than others, regardless of the visa type, but for most of us, the journey is long (waiting sucks!) and we all understand how hard it is to be away from a spouse/fiance while this process creeps along at a snails pace.

Keep your chin up, get the ball rolling!

Here's the link to the income/poverty guidelines for USCIS:

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD