Thai wife of US Citizen for 10 years refused entry at airport

[paulfr 1]

My Thai wife of 10 years was refused entry to the US at the airport in Philadelphia because she had a Tourist Visa .

Apparently having a Tourist Visa is insufficient for entry if you say you plan to remain in the US and set up residency.

If you say were are here for a visit [on the Tourist Visa], then it is OK.

You can then change status and apply for Adjustment of Status and Green Card

I should have known this but I did not.

We have a 9 year old daughter who is a US citizen.

I thought there were 2 ways to bring a wife to America

Direct Consular Filing [DCF] in Thailand OR come to US in any way and then change status.

My bad.

Good news is they consulted the manager and we were allowed to enter.

They stamped her passport with date of entry.

We got the Tourist Visa 8 years ago and have traveled to the US

for visits to family two times. So we got the TV legally and without deception.

And we were honest at the airport about our intentions, so there is no fraud

or pre-conceived intent.

So she will likely have to leave the US and return to Thailand at some point.

I must stay for urgent and ongoing serious health reasons

So we are facing the prospect of having our family split for a long time

until the Visa process in Thailand is done correctly

It angers me that as a US citizen I should have any problem at all

bringing a wife of 10 years home to live with me. Especially having

a daughter to clearly identify the validity of our marriage.

Anyone with helpful advice will be most appreciated.

Is it still possible to get an approved AOS and Green Card ??

[Anh map 2,098]

Your anger is misdirected. There isn't a problem with having an alien spouse live with you in the US. There are laws and procedures.

It's likely noted in her USCIS file that she was refused so the opportunity to adjust status while in the US is probably gone. Now you will need to file a petition for her. Having a child doesn't prove much more than that you have met in person. Raising a child proves much more. You shouldn't have much trouble passing muster having been a couple for 10+ years. Read through the guides here on VJ and you will have a great base of knowledge.

One thing to begin sorting out is the I-864 affidavit of support. You'll need to demonstrate an ongoing income that meets the requirements. And/or you can use US held assets to satisfy the income requirement. If you haven't been filing US tax returns then you will need to explore what's needed as well. Returns for the most recent 3 years are needed. See the form I-864 instructions for more information.

[newacct 688]

Apparently having a Tourist Visa is insufficient for entry if you say you plan to remain in the US and set up residency.

If they believe she is coming to stay they must deny her entry on tourist status. That is their job. The rules are clear.

If you say were are here for a visit [on the Tourist Visa], then it is OK.

You can then change status and apply for Adjustment of Status and Green Card

I should have known this but I did not.

"Saying" something when it was not true at the time is lying.

[Hypnos 6,576]

Your wife was treated correctly.

And as stated by others above, you were in the wrong. A tourist visa is precisely that: a visa for a tourist who wishes to enter the US temporarily for pleasure. It's not meant to be used as a springboard to remain permanently in the US. Entering the US on a nonimmigrant visa with a preconceived intent to remain and adjust status would constitute visa/immigration fraud. This is a federal crime.

You state she was denied entry but then allowed to enter, so it's unclear as to what status she has right now.

Edited October 21, 2015 by Hypnos

[V24 21]

Hey, it should only be about 1 year, and since your wife has the tourist visa she can visit throughout the year, especially when she brings proof of legally going through the visa process in Thailand it should help in your favour when going through immigration Good luck!

[arken 4,197]

Apparently having a Tourist Visa is insufficient for entry if you say you plan to remain in the US and set up residency.

If you say were are here for a visit [on the Tourist Visa], then it is OK.

The officers at POE did what they were supposed to do; stopping any person on a non immigrant visa planning to staying in US permanently. So don't be angry with the people who are doing their good job.

Good news is they consulted the manager and we were allowed to enter.

They stamped her passport with date of entry.

So she was not denied the entry. Was the initial denial just the vocal conversation? Did they tell you that they have put the initial denial too on their record?

It angers me that as a US citizen I should have any problem at all

bringing a wife of 10 years home to live with me. Especially having

a daughter to clearly identify the validity of our marriage.

You should not have any problem at all bringing your wife to live with you if you follow legal path. In this case you did not. Just out of curiosity, it took you 10 years to think of petitioning for her residency to live with you!!

Anyone with helpful advice will be most appreciated.

Is it still possible to get an approved AOS and Green Card ??

If they have not put that initial denial record in their system, then i think you can definitely file for i130/AOS later on.

Edited October 21, 2015 by arken

[HFM181818 748]

USCs are not above the law....tourist visas are for tourists, not for camping out in the US to change status...the border folks were overly generous to allow her to enter the US...be glad about that....but as to attempting an AOS, well, USCIS and ICE are now alerted to the fact that you had been interested in an AOS....to do so now would court a finding of misrepresentation and fraud (against your wife)....no doubt, you might claim the ever popular excuse of 'gosh, we had no intentions to stay...' which will not be believable...

[AB loves AG 54]

"It angers me that as a US citizen I should have any problem at all

bringing a wife of 10 years home to live with me."

When I started my visa journey I thought I had rights as a US citizen to have my husband by my side. I found out quickly I didn't.

[asisflyer 47]

Bangkok DCF's are under 60 days to IR1 VISA if you (U.S. citizen sponsor) maintain 6+ months residence in Thailand on an appropriate

visa type. (Tourist visa-run scenario does not work).

So were you on a long-stay Retirement Visa or Business/Marriage Non-O / Non-B 1-year extension of stays or similar in Thailand?

If so, just walk the filing over to the USCIS Bangkok office in person. Some had I-130's approved in 48 hours there. I've seen a 28 day end to end but 45-60 days seems more the normal for Bangkok DCF filing.

If you can't DCF, then yes, you'll be waiting much much longer.

Your long U.S. medical trip could interfere with your ability to DCF, so think about that! Perhaps short term medical treatment and then return to DCF your petition.

Also think about Domicile: DCFing you'll need to prove intent to establish domicile, so begin some domiciliary steps while stateside, Lease/Buy Property, Buy a Car, Get Insurance on it, Mobile phone contract, Job, moving quotes, etc. Evidence that you intend to change domicile back or already have changed domicile back stateside. If you AOS stateside instead, most USCIS interviews will be 4 - 9 months out by which time your physical presence in the United States that long becomes de facto domicile and I wouldn't expect domicile questions stateside.. whereas consular DCF interview would.

As for AOS Thinking:

Canvas 2 or 3 immigration lawyers stateside about what happened. Did they Parole her In for Deferred Inspection or admit against the B2 ???

Was the visa revoked? voluntarily rescinded? did you sign anything? notes with INA references in passport?

• Matter of Cavazos, 17 I&N Dec. 215 (BIA, 1980). In the absence of other adverse factors, an application for adjustment by an immediate relative should generally be granted in the exercise of discretion notwithstanding the fact that the applicant entered as a nonimmigrant with a preconceived intention to remain.

Bear in mind that case precedent for Immediate Relative supports the Strength of Family Unity above any PreConceived Intent IF AND ONLY IF that Pre Conceived Intent is the ONLY MITIGATING FACTOR in the filing.... so is it the only mitigating factor?

I-864 DILEMMA ---

You can meet this with Assets or Income that Remains Available to you in the U.S. (Even if its a foreign employer as long as it continues stateside).

For many without the assets, its easier to find work to meet the FPL standard while stateside versus overseas. Consider this.

Otherwise, you can always rely of family stateside as Joint Sponsor as a backup.

CONCLUSION

Many people on this board resent the AOS process when they went through Consular filings and are personally biased against it.... Still since '65 its never been removed from the INA.

That being said, yours is a tricky situation. Case precedent remains on your side but it sounds as though you had PCI and discussed the PCI with the CBP officer at the Point of Entry if I understand you correctly. Even if you are granted discretion (AOS), when you naturalize her, the PCI might come up again (i doubt it though). The bigger issue --- I think you will find yourself very very very stressed during your medical issues over whether it will work out or not.

Thus, I suggest getting a few consults from immigration lawyers, but in your case.... I think you should consider returning to Thailand for a quick- DCF process immediately if you can postpone your procedures and then return 2 - 3 months later with her IR1 VISA.

If you can't DCF in Thailand (due to your visa type), then it would be a much more difficult situation to think about.

Read the Adjudicators Field Manual on USCIS website. You can see the guidelines.

[KayDeeCee 4,891]

~ Moved from AOS from Family Based Visas to AOS from Work, Student & Tourist Visas ~

[CXECAM 0]

Interesting.. thank you for the information.

Interesting.. thank you for the information.

[HFM181818 748]

If you peruse the U.S. Constitution, what you will not find in it is some particular 'right' that your foreign born spouse be by your side 24/7, in the US, no matter what. I am not sure why so many apparently uninformed USCs believe otherwise. Visas are privileges, not a right. Admission to the US is not automatic to an alien just because they are married to an American citizen. That is the way it is under our laws.

[Amhara 460]

So she will likely have to leave the US and return to Thailand at some point. I must stay for urgent and ongoing serious health reasons So we are facing the prospect of having our family split for a long time until the Visa process in Thailand is done correctly.

Anyone with helpful advice will be most appreciated.

Is it still possible to get an approved AOS and Green Card ??

I know it must be terribly frustrating to want your family together, then needing to split for an unknown time. I'm sorry about that. I would suggest that she does not AOS in the states, or if you do, have her leave before the I-94 expires. You may want to submit the I-130 while she is here. If her I-130 is not processed before the I-94 expires, then still, arrange for her to return. The good news (which is not really good news) is that you may be able to get your petition expedited on some level because of your health concern. It depends on whether it is an emergency situation or not.

If your case is going to CSC, you may even want to try for K-3. I did see a Philippine couple recently successful at a K-3 petition as they went through CSC. (K-3 is dead, yes, I know, but it doesn't hurt to try).

You have options still, but if you do AOS with intentions of her staying, I would suggest you at least consult with a lawyer first. An initial consultation can be affordable and can be very valuable.

[IcezMan_IcezLady 582]

Be glad that your spouse was approved for a visa and she can visit you.

Some of us don't have that opportunity.

You want a cookie for coming out clean about your intentions? I doubt your wife voluntarily gave out that information, I bet they snuff that out of her.

Your wife will have to return and go through the process like all of us.

[Ortolan 381]

It's frustrating, yes, but the other posters are exactly right: The border agents were following the law. It's always best to tell the truth; if she'd lied and said she was "just visiting" and then stayed to adjust status, it might have meant a big problem later on.

You have been married for so long it would be obvious that she'd lied on her last entry into the U.S. and did indeed intend to immigrate after all.

Edited October 21, 2015 by Ortolan