Customs officers killed most of visit to USA

[garnet80 1]

My fiance and I planned a 3 month visit here in the USA. Bought roundtrip tickets, 3 months of travelers insurance, etc. Our plan was, see how most of the three months living together went, then get married, he goes home to Canada, and we begin the CR-1 visa process. This is his second trip here to see me. First visit was for five weeks.

Today was the trip date. He gets pulled out by customs and grilled... they also called me, my mother, and his father. They told him to log into his email, where they read his chat logs, and emails. They decided to let him enter, but only for one month.

Is there anything we can do? We can't afford multiple trips... and don't understand why this even happened. Reading his email they should have seen us talking about doing everything the legal way. Is it possible to appeal this decision? Anyone we can call? They didn't even tell him how he is to return home... we can't afford to have his ticket changed.

We would like to at the very least have half the trip...

Thanks for any help.

[Krikit 1,163]

I see one of two choices. He either goes home before the I-94 expires, or you marry and he stays and adjusts status.

[Udella&Wiz 325]

I would say most importantly that he needs to be back over the border and home in the time period they set out for him. They don't care whether you need to change a ticket or whether you have the $$ to change a ticket. Not doing so would probably not bode well for any future trips or even immigrating without a great hullabaloo in the future.

Did he have proof of ties back home? Rental agreement, job he was returning to etc.... ? If not and he told them your plan of living together and then getting married, I can see how they didn't take it well. But hind sight is 20/20. I don't see how they could insist on reading his personal email without some kind of official document (ie: court order..) - did he volunteer this up to try and convince them?

Others will chime in, but unfortunately I don't think you have any recourse....even if there was an appeal process it would probably take longer then the month you have now. I would just do as they asked and perhaps consider that you might not be able to live together before you are married. Many of us would have loved to have had that option, but immigration doesn't really allow for it.

I am so sorry that it went this way though, they're buggers

I see one of two choices. He either goes home before the I-94 expires, or you marry and he stays and adjusts status.

didn't consider that - won't they hassle him though?

[Krikit 1,163]

I see one of two choices. He either goes home before the I-94 expires, or you marry and he stays and adjusts status.

didn't consider that - won't they hassle him though?

There was no intent to marry when he entered. They sort of forced his hand, though. There are a few people this has happened to.... same type of circumstances. Ant is one.

[Sam and Ben 2]

First off, I'm so sorry to hear about the hassle. I find border crossings to be stressful enough, eek.

I, too, am wondering where the reading of the emails came from? What information did he offer up to the patrols that led them to that?

As far as marrying and adjusting status, wasn't that intent somewhat already implied? Mind you, it was implied for further down the line, but nonetheless..

[Krikit 1,163]

As far as marrying and adjusting status, wasn't that intent somewhat already implied? Mind you, it was implied for further down the line, but nonetheless..

There was no intent because they weren't planning on marrying on this trip. They were only going to see if they were compatible. If things worked out they would then file for the visa. However, the CBP Officer effectively changed that set of variables. Now they have a new set.

[Wyatt's Torch 45]

There was no intent to marry when he entered. They sort of forced his hand, though. There are a few people this has happened to.... same type of circumstances. Ant is one.

Actually, it looks like there was...and that's almost certainly why he was grilled and only granted a one month stay. If marriage was mentioned to the POE official at all, it could have set off alarm bells. It's really unfortunate...but that's the whole point of the K-1 visa: to have three months to live together and get married.

You're actually quite fortunate that they allowed him in for a month. Other POE officials might have simply turned him away.

I think your best bet is to either make your relationship decision based on the one month together and ultimately get married in Canada, filing for CR-1 as soon as possible...or start the K-1 process NOW, and simply enjoy the month together. But if you can't afford a change of plane ticket at this juncture, I'm not sure how you're going to be able to afford the pricey visa process. Not to be a downer. Just giving my $.02.

[Wyatt's Torch 45]

There was no intent because they weren't planning on marrying on this trip. They were only going to see if they were compatible. If things worked out they would then file for the visa. However, the CBP Officer effectively changed that set of variables. Now they have a new set.

I think that the border official must have asked himself, "Why wouldn't they have gotten a K-1 visa first?" That, to me, is the big question, since the point of the K-1 is ostensibly to give a couple three months to live as a couple and get married.

[Krikit 1,163]

There was no intent to marry when he entered. They sort of forced his hand, though. There are a few people this has happened to.... same type of circumstances. Ant is one.

Actually, it looks like there was...and that's almost certainly why he was grilled and only granted a one month stay. If marriage was mentioned to the POE official at all, it could have set off alarm bells. It's really unfortunate...but that's the whole point of the K-1 visa: to have three months to live together and get married.

They reviewed all his evidence..... including his emails. The only reason they let him in is because they were satisfied he had no intent.

I think that the border official must have asked himself, "Why wouldn't they have gotten a K-1 visa first?" That, to me, is the big question, since the point of the K-1 is ostensibly to give a couple three months to live as a couple and get married.

The K-1 is for engaged couples who have already made the commitment to marry and are going to do it in the US. It's not a try-it-and-see-if-you-like-it visa.

[Wyatt's Torch 45]

I suppose I see what you mean, Krikit. I just think the fact that they were engaged and were contemplating marriage in the U.S. after entry was a big warning sign.

Our plan was, see how most of the three months living together went, then get married, he goes home to Canada, and we begin the CR-1 visa process.

Doesn't that sound like intent of getting married before he returns to Canada? They're engaged, which is intent to marry to begin with. To a border guard, wouldn't the above sound like more of a formality than anything?

[Krikit 1,163]

I suppose I see what you mean, Krikit. I just think the fact that they were engaged and were contemplating marriage in the U.S. after entry was a big warning sign.

Our plan was, see how most of the three months living together went, then get married, he goes home to Canada, and we begin the CR-1 visa process.

Doesn't that sound like intent of getting married before he returns to Canada? They're engaged, which is intent to marry to begin with. To a border guard, wouldn't the above sound like more of a formality than anything?

You can contemplate marriage after entry. You can even get married after entry. Their original intent was to marry (if things worked out) and have him return to Canada.... and THEN file for the visa. No intent to by-pass the immigration process there.

[Wyatt's Torch 45]

Again, I'm NOT disagreeing with you here...I'm just trying to see it through the eyes of the border patrol guard (much like I tried to do with the CO in Dalene's case a couple weeks ago).

It's a really subjective call by a POE officer, and I can see how "we're engaged and intend to marry in the U.S. if things work out" can be interpreted as "we're engaged and intend to marry in the U.S." Period.

That's why "intent" is such a hard thing to prove or disprove. If they'd said to the POE guard that they were just going to spend some time getting to know each other, it might have been a different situation. Hard to say.

[Krikit 1,163]

Again, I'm NOT disagreeing with you here...I'm just trying to see it through the eyes of the border patrol guard (much like I tried to do with the CO in Dalene's case a couple weeks ago).

It's a really subjective call by a POE officer, and I can see how "we're engaged and intend to marry in the U.S. if things work out" can be interpreted as "we're engaged and intend to marry in the U.S." Period.

That's why "intent" is such a hard thing to prove or disprove. If they'd said to the POE guard that they were just going to spend some time getting to know each other, it might have been a different situation. Hard to say.

Again, the "intent" isn't in wanting to marry; or even going ahead and getting married. The "intent" is in trying to bypass the immigration process.

[Sam and Ben 2]

I guess, what I fail to see here is the middle ground.

Something said obviously piqued the interest of the border patrol. Whatever evidence was shown after the fact - I agree with Krikit here - must've been considered sufficient enough to prove their intent was genuine, and he was allowed through. But then, why only the month? Either he believes that they will get married and attempt to adjust status, or not.

I don't understand the purpose here of cutting their trip short if their evidence was such that allowed them through in the first place.

[Wyatt's Torch 45]

Again, the "intent" isn't in wanting to marry; or even going ahead and getting married. The "intent" is in trying to bypass the immigration process.

Okay, I'm officially confused and will proceed to shut up now.