My Fiance was denied entry into the US for failure to leave during his last and only visit to the US within the 90 day period.

[BETTYB 0]

Hello Everyone...

This is my first posting on this website (which my best friend referred me to).

My fiance is German. He traveled to the United States about 7 months ago to visit a friend. While here, he overstayed the 90 day period given to visit. He ended up turning himself in and returning to Germany.

The individual that he spoke to here in the US as he was leaving to return to Germany, told him that he wasn't under arrest, nor was there any 'crime' involved. No misdemeanor, etc.

He flew here to Boston last Thursday, October 15, 2009 and was denied entry by the Immigration Department at the airport. They sent him back to Germany with no entry, an Officer telling me that he was not allowed to enter due to his overstaying in the US on his last and only visit.

Upon returning to Germany this time around, an Immigration Officer here at Logan Airport told him to contact his local Consulate/Embassy/Immigration Department to begin the process of what needs to be done in order for him to return to the US without any issues.

He has done so, the German Government checking his criminal records, etc. They have told him that he has cleared that without any problems, no record, criminal or otherwise.

We are now trying to figure out what our next step is.

We want him to be able to return to the US ASAP, the lawful and correct way. At the moment, we want him to be able to get here and then we will continue the process up until we marry.

Does anyone have any advice about this matter so that we can have all of the proper documentation in order, any fees we may need to pay, etc?

By going to other websites, it appears just to simply fill out forms and apply costs in upwards of $300.00 + dollars.

He was not turned away due to any federal criminal charges per se, simply that he overstayed last time around.

Do our chances look good considering I have a very stable job and income, own property, am current on my mortgage without any issues, do not owe the IRS any taxes, and have no criminal record?

Thank you to anyone and everyone who may have some advice for us.

As all of you are, we are in love and simply want to be together at this point before we go onto the Fiance Visa and more forms and paperwork.

Thank You again!

Most Sincerely!Entry into the US

[Anh map 2,098]

He was directed to speak to someone at the US Embassy, not the German govt. You are correct that it is about his overstay.

The USCIS operates under the assumption that every person entering the US is presumed to have immigrant intent. I believe that he now has to apply for a tourist visa and isn't able to use the Visa Waiver Program. Others will correct me if I am wrong. He has to prove that he is only coming to visit, not stay.

At this point you have to decide how you want to proceed: marry in Germany or marry in the US. Reading the Guides here on VJ will help you to determine the proper steps.

Best of luck. Welcome to VJ.

Edited October 23, 2009 by Anh map

[English Muffin 59]

If your fiance just wants to visit you he will need to apply for a B2 visa. See here http://germany.usembassy.gov/germany/visa/visitor_visa.html

[canadian_wife 1,791]

The overstay, sadly, may come back to haunt him again. He no longer qualifies for the VWP so he'll have to apply for a B-2 visa where the overstay will likely be brought up again. How long did he overstay?

Alternatively you could file the K-1 fiance visa or get married and file the Cr-1

Good luck.

[Brother Hesekiel 2,235]

Someone who accumulated illegal presence in the US, and is engaged to a US citizen, is highly unlikely to get a B2 . Before I pull out the Book of Magic I'd like to know how long he overstayed.

[emt103c 10]

Yes, how long was the overstay?

Edited October 24, 2009 by emt103c

[Brother Hesekiel 2,235]

BETTY,

at "about 6 months" overstay, a 3-year ban was triggered the moment your fiancee left the US. This ban can be overcome by filing an I-601 waiver by the USC spouse. It cost $545 to file. Since you are not married yet, however, this is not a valid option at this point.

Generally speaking, anybody who violated the term of the VWP, cannot enter the US again under said program. Therefore, your fiancee would have to apply for a B2 visa. However, I doubt that they would grant it, for obvious reasons. Also keep in mind, that he would have to state that he's engaged to a USC. All that combined makes the B2 application a lost proposition.

What's left?

Trying to file for a K-1 would perhaps work. I'm not sure, however, if the I-601 card could be pulled here. I'm sure others know and can chime in.

If none of that works, the only option I see in to marry in Germany, then file DCF and the I-601 concurrently.

That's it in a nutshell. Perhaps other users have more or better ideas to contribute.

Best of luck to you.

[sara..... 371]

i have a question u stated that

"We want him to be able to return to the US ASAP, the lawful and correct way. At the moment, we want him to be able to get here and then we will continue the process up until we marry."

does this mean u wanted him to come and get married with out first applying for K1 visa?

if that is the case then it would be visa fraud no matter what visa he comes in on unless it is K1.........

sara

[baron555 934]

i have a question u stated that

"We want him to be able to return to the US ASAP, the lawful and correct way. At the moment, we want him to be able to get here and then we will continue the process up until we marry."

does this mean u wanted him to come and get married with out first applying for K1 visa?

if that is the case then it would be visa fraud no matter what visa he comes in on unless it is K1.........

This is correct. Sounds like you will have to go there, marry him, file the I-601 and then a CR-1 or DCF while you are there with him.

sara

[sachinky 464]

You may file a K1 or do a CR1.

B2 looks like a lost cause currently.