Will My Wife Need a Waiver in this case?

[lucas_34 4]

Hello - here is our situation:

1. I am on GC eligible to file for citizenship beginning October 2009. Never had a single problem with visa,entry,etc.

2. I am getting married in our home country in June 2009.

3. My soon-to-be wife has a valid tourist visa until July 2009. She has visited me in the US multiple times. No problems ever as well.

4. We are planning on flying back after our wedding to the US. For me it is my return home here as my vacation ends. For her it is her visit with me for summer holidays, as she has a full-time job back in her home, owns apartment, etc.

Therefore, we have plans to approach immigration officer at the POE together (walk in LPR lane), explain to the officer that we have just gotten married and my wife is coming only to visit for two months or so. After that her intention is to return to her home country. We have not filed for her immigration and will not do that until I become a citizen (sometime first half of next year). We definitely will have my wife to return to her home country. No plans on extending her stay, adjusting status, staying illegally etc.

She will have documents from her employer that she is employed full time and she has approved vacation request.

What if she gets denied entry and is asked to voluntarily withdraw her application for admission to the US? If in a year from now (hopefully) we file for her immigrant visa will she require a waiver then? Any suggestions please!

[Anh map 2,098]

Take some time and read the guides here on VJ. Ask yourself if you would believe that story if you were the officer at a POE. Why would a newly married spouse want to be apart from their husband for a year when she's already here in country?

[john_and_marlene 162]

Her chances of being refused entry under these circumstances are almost assured. This is not a good plan.

[emt103c 10]

I have to agree wholeheartedly with the above. Newlyweds, husband with PR status. . . POE's knowledge that PR's take years to help spouses immigrate. . .looking for trouble.

My husband and I were only engaged when we tried to cross together and he was not given the option to withdraw his petition.

There are other options you might want to look into.

What country is your spouse from?

[lucas_34 4]

I have to agree wholeheartedly with the above. Newlyweds, husband with PR status. . . POE's knowledge that PR's take years to help spouses immigrate. . .looking for trouble.

My husband and I were only engaged when we tried to cross together and he was not given the option to withdraw his petition.

There are other options you might want to look into.

What country is your spouse from?

Thank you to you and all for your responses! I really appreciate them. My future spouse is from Poland. I'd be curious to hear what other options we may look into to potentially be together ASAP.

Thank you again!

[john_and_marlene 162]

I have to agree wholeheartedly with the above. Newlyweds, husband with PR status. . . POE's knowledge that PR's take years to help spouses immigrate. . .looking for trouble.

My husband and I were only engaged when we tried to cross together and he was not given the option to withdraw his petition.

There are other options you might want to look into.

What country is your spouse from?

Thank you to you and all for your responses! I really appreciate them. My future spouse is from Poland. I'd be curious to hear what other options we may look into to potentially be together ASAP.

Thank you again!

Option 1: Move to Poland

Option 2: Get married and petition for spouse of LPR -- then upgrade the petition after you naturalize.

Option 3: Naturalize then file for fiancee or spouse as a citizen.

Option 1 is the fastest.

Option 2 is probably slightly faster than option 3

Edited March 13, 2009 by john_and_marlene

[lucas_34 4]

Option 1: Move to Poland

Option 2: Get married and petition for spouse of LPR -- then upgrade the petition after you naturalize.

Option 3: Naturalize then file for fiancee or spouse as a citizen.

Option 1 is the fastest.

Option 2 is probably slightly faster than option 3

Well, I realize that if I move back to Poland, we can be together in no time. Even tomorrow! :-) However, if I intent to live in the US permanently and have my spouse join me here, that is not the case anymore. My entire life is in the US, not Poland. So, would still think to file an immigrant petition for her right after we get married and before I become a US citizen? Why would you think it is faster? If you look at the visa bulletin current F2A spouse processing timeframe is dated 2004! I truly appreciate your recommendations. I am just trying to figure out the best option here. Not debating anything. Thanks.

[john_and_marlene 162]

Well, I realize that if I move back to Poland, we can be together in no time. Even tomorrow! :-) However, if I intent to live in the US permanently and have my spouse join me here, that is not the case anymore. My entire life is in the US, not Poland. So, would still think to file an immigrant petition for her right after we get married and before I become a US citizen? Why would you think it is faster? If you look at the visa bulletin current F2A spouse processing timeframe is dated 2004! I truly appreciate your recommendations. I am just trying to figure out the best option here. Not debating anything. Thanks.

If you get married now and file the F2A, the paperwork is already submitted when you naturalize and you can upgrade the existing petition to immediate relative of USC without having to submit an new application. I said is slightly faster just because you don't have to take the time to submit the paperwork again. Once you upgrade, the priority date becomes immediately available.

[lucas_34 4]

If you get married now and file the F2A, the paperwork is already submitted when you naturalize and you can upgrade the existing petition to immediate relative of USC without having to submit an new application. I said is slightly faster just because you don't have to take the time to submit the paperwork again. Once you upgrade, the priority date becomes immediately available.

Makes sense what you say; however, what if I wait until my citizenship and then immediately file for K3 visa for her instead of IR1 type? Wouldn't that be quicker? I see US Embassy in Warsaw is processing K3 type visas in 3 months timeframe. The only reason I hesitate to file for her F2A now and upgrade the existing petiotion after I get my citizenship is that I often hear of subsequent problems if something gets updated later whether it is address change or stuff like this.

[emt103c 10]

john and marlene's way is faster for three reasons.

1. If you file now and then upgrade on naturalization, your petition keeps it's original priority date when it moves to the USC "pile" so that you are processed ahead of other USC's who filed after you. . .even though you were a PR at the time of filing. . .

2. If you file now and then become a citizen, your I-130 can already be approved and sitting in the NVC pile just waiting for the visa number to become available which is immediate as soon as you naturalize and upgrade the petition so that you only have to wait for the consular interview as opposed to starting from scratch after naturalization and then have to wait for the USCIS portion before even starting the NVC/consular section.

3. K3 saves no time anymore. . .it used to, but it is pretty much worthless now.

Now, in the meantime she can continue to visit, but traveling with you specifically going through the same line and making a big deal about being the wife or fiance of a US PR would just be crazy.

Since she complies with her visa terms as a rule, it should not be difficult for her to get visas as long as the two of you are not married. After your marriage, it will become very difficult to get. . .as long as she has it, she can still visit you.

The first time she violates that visa, she will have trouble. Do not ever let her lie on the visa application to get it. Many people here have lied after marriage stating they are not married and later get charged with Misrepresentation and cannot get permanent residence to the U.S. because the waiver for that violation is very hard to get.

[Bobby+Umit 161]

Hello - here is our situation:

1. I am on GC eligible to file for citizenship beginning October 2009. Never had a single problem with visa,entry,etc.

2. I am getting married in our home country in June 2009.

3. My soon-to-be wife has a valid tourist visa until July 2009. She has visited me in the US multiple times. No problems ever as well.

4. We are planning on flying back after our wedding to the US. For me it is my return home here as my vacation ends. For her it is her visit with me for summer holidays, as she has a full-time job back in her home, owns apartment, etc.

Therefore, we have plans to approach immigration officer at the POE together (walk in LPR lane), explain to the officer that we have just gotten married and my wife is coming only to visit for two months or so. After that her intention is to return to her home country. We have not filed for her immigration and will not do that until I become a citizen (sometime first half of next year). We definitely will have my wife to return to her home country. No plans on extending her stay, adjusting status, staying illegally etc.

This will be a tough call on the POE Officer. However, since she as visited the US multiple times, and hopefully left before time expired, shows she had the chance to stay and marry in the US, then AOS, if she was out to do that.

She will have documents from her employer that she is employed full time and she has approved vacation request.

Shows "strong ties" to the home country. Are you also including the return ticket? Something showing lease/rent/own home/apartment would be helpful

What if she gets denied entry and is asked to voluntarily withdraw her application for admission to the US? If in a year from now (hopefully) we file for her immigrant visa will she require a waiver then? Any suggestions please!

She will not need a waiver if she is denied entry under these circumstances. She didn't break any laws coming here, legally, (arrive at a POE, submit to inspection)

I would say go for it. She has a valid visitors visa. She has visited to the US before. It's up to the POE people, and if your truthful in your answers, straight forward with them, I think you would have no issues.

[emt103c 10]

Have you watched that new show about the Border Patrol? I lived it. I'm a USC, and I still lived it.

Don't advise him to try to enter the U.S. with his new wife under the claim that if he is "honest and straightforward" they will let him in. This error could cost him YEARS of processing time. All it takes is the officer being suspicious that he's not telling the truth (in this case very likely) and she's on the road to an expedited removal and a 5 year ban, neither of which is judicially reviewable.

I know you mean well, but seriously, this is too big a risk. The way he wanted to do it is just not an option. Too risky.

[lucas_34 4]

Have you watched that new show about the Border Patrol? I lived it. I'm a USC, and I still lived it.

Don't advise him to try to enter the U.S. with his new wife under the claim that if he is "honest and straightforward" they will let him in. This error could cost him YEARS of processing time. All it takes is the officer being suspicious that he's not telling the truth (in this case very likely) and she's on the road to an expedited removal and a 5 year ban, neither of which is judicially reviewable.

I know you mean well, but seriously, this is too big a risk. The way he wanted to do it is just not an option. Too risky.

You guys are ALL awesome. Thank you, thank you, thank you for all your submission. I can sense you all mean well for us. But yes, we are in a sh**ty situation. I have discussed this with my fiancee today. Obviously, she was NOT happy, but very very sad. I love her soooooo much. And I know she does me too. She is the one to keep up with all this shenanigans because of the country we chose to live in. We probably will continue to live apart not to screw this for a longer period of time. Thank you all!

[Mrs. Diaz 1]

Hello - here is our situation:

1. I am on GC eligible to file for citizenship beginning October 2009. Never had a single problem with visa,entry,etc.

2. I am getting married in our home country in June 2009.

3. My soon-to-be wife has a valid tourist visa until July 2009. She has visited me in the US multiple times. No problems ever as well.

4. We are planning on flying back after our wedding to the US. For me it is my return home here as my vacation ends. For her it is her visit with me for summer holidays, as she has a full-time job back in her home, owns apartment, etc.

Therefore, we have plans to approach immigration officer at the POE together (walk in LPR lane), explain to the officer that we have just gotten married and my wife is coming only to visit for two months or so. After that her intention is to return to her home country. We have not filed for her immigration and will not do that until I become a citizen (sometime first half of next year). We definitely will have my wife to return to her home country. No plans on extending her stay, adjusting status, staying illegally etc.

This will be a tough call on the POE Officer. However, since she as visited the US multiple times, and hopefully left before time expired, shows she had the chance to stay and marry in the US, then AOS, if she was out to do that.

She will have documents from her employer that she is employed full time and she has approved vacation request.

Shows "strong ties" to the home country. Are you also including the return ticket? Something showing lease/rent/own home/apartment would be helpful

What if she gets denied entry and is asked to voluntarily withdraw her application for admission to the US? If in a year from now (hopefully) we file for her immigrant visa will she require a waiver then? Any suggestions please!

She will not need a waiver if she is denied entry under these circumstances. She didn't break any laws coming here, legally, (arrive at a POE, submit to inspection)

I would say go for it. She has a valid visitors visa. She has visited to the US before. It's up to the POE people, and if your truthful in your answers, straight forward with them, I think you would have no issues.

I don't think that I would give it a try. Things have really changed in the past 2-3 years... I think that I was about to get denied entry on my last visit. I was lucky enough to get "approved" and let in though!(I was asked where I work and if I have an apartment in Sweden etc)If you really don't want to move to Poland to be with your wife, don't risk it. That's my advice. I know that it different from case to case blah, blah.... But my answer is based on what I have experienced myself and to posts I've read here on VJ.

I remember back in 2007 when I and my soon to be husband were on our way to our wedding.... Well, the guy at the desk(JFK, NYC)was not sure if he would let me through or not. He didn't say this, but he asked me many q's about when I was going to return to my home country and lots of other things. I guess he thought I was going to stay in the US once I had married my then fiance.... And things got worse after this! I'm actually worried about next time I'm going over there. The last time I went to the US, this time to EWR, NJ. I REALLY thought "This is not going well. I will get denied entry and banned!" I was so scared..... The guy at the desk was asking me q's for 10 minutes, something that never happened to me before. He didn't even smile once! I think that he was waiting for me to give him a "wrong answer" to his questions.(September-08) I hope this won't happen again! I will go back to New York in 8 weeks(hubby's back from his deployment) and I'm already nervous!

[estrella 14]

I've come and gone many times with my tourist visa after marriage, actually i got my tourist visa after the marriage, maybe it has to do with particular situations, my husband was about to go to pre deploymet training the first trip, then it was during his 3 days leave before the deployment, then during his 15 days leave during the deployment and then when he came back for good, I never had a trouble until we crossed the border on car fromMexico, we did it twice in fact, and the first time was the only time i was scared, but it was because the officer wanted me to be scared, he asked me questions and tried to tell me that i had overstayed my visa on my first visit, and i told him that he could see all the stamps in my passport proving that I've come and gone never overstaying, the second time was easier, because we got a veteran so as soon as my husband said that he just came back from Iraq it all went smoothly, we explain to them that because he was deployed we didn't want to start the process for the green card, and they totally understood, we even told them that we were gonna start it while i was here and they were ok with that too, I don't know if we were just lucky, but in my experience it's ok to do it