Fiancee visiting - will she get denied access?

[Robor007 0]

Some brief background... I'm engaged to a Philippine citizen who has worked in the cruise industry for 7 years. She married a USC in May of 2005 and their marriage fell apart quickly (1 month later) after they each went back to work. They have not seen each other since the day they married and had no communication other than to discuss getting divorced. She is currently in the process of getting divorced but no paperwork has been filed as of yet. I met her in January of this year and we have been in a relationship from then until now. I visited her in Manila in June and I'll be going back to visit her in November.

She will be ending her contract in October and I am going to drive to see her when she gets off the ship. We are hoping the agent checking her off the ship will allow her to stay in the US for a short visit. I called the US Customs & Border Protection office where she will end her contract. I was told her C-1/D visa allows her to stay up to 29 days but it's 100% up to the agent checking the crew off the ship.

The way I understand it, the cruise company will give her a return flight for the day/evening of the day the ship arrives in port. When she checks off the ship she will be given an I-95 with an expiration matching the day her return flight and a D-2 visa. Normally she would go directly to the airport and return home using those documents. She would like to request to stay in the US for up to 29 days. I was told she has to ask the agent checking them off and it all depends on what she says and if the agent believes her or not. I stressed to the person I was talking to that she's not an immigration threat. She's been in and out of US ports for 7 years and if she wanted to come here illegally she easily could've done it long ago. She's never requested a stay in the US before and has always returned directly to her country as scheduled.

She does have family in the Philippines and is late in the process of building a new home for her/them. It is not finished yet and I do not believe the home or lot is in her name yet. She does have a long record of money transferred to build the house and might be able to come up with receipts. She will have plenty of cash on her for her proposed stay (she will not need it though as she would stay with me). She also has a bank account in the Philippines and will be leasing a flat in Manila when she returns.

What are your opinions on the following...?

1. Is there something she can say or show to assist her chances?

2. Should she mention that she's in the process of a divorce to her current husband? She may need to appear in court to finalize the divorce.

3. Should she mention that she's in a relationship with me?

4. Would it help if she got a ticket to return to the Philippines dated 28 or 29 days later?

5. Would it help if I had a ticket for the same flight?

6. Would it help if I give my info (name, address, phone, SS #, DL #, passport #, etc) to her to provide to the agent?

7. I would assume they will ask where she will stay. What should she tell them?

I was told that the agents are only trying to prevent illigal immigration to the US. She is not an 'immigration threat' and I wish it was easier to prove that to the agent. I don't want to lie and I don't want to get her in trouble because I want to petition her with a K-1 after her divorce is final. I really want to see her again but I will be going to visit her in Manila at the beginning of November anyway so I will see her shortly after anyway. It would be nice if she could stay here even for a few days so she could meet my family and friends and see my (soon to be our) home.

[Saddle Bronc 124]

Some brief background... I'm engaged to a Philippine citizen who has worked in the cruise industry for 7 years. She married a USC in May of 2005 and their marriage fell apart quickly (1 month later) after they each went back to work. They have not seen each other since the day they married and had no communication other than to discuss getting divorced. She is currently in the process of getting divorced but no paperwork has been filed as of yet. I met her in January of this year and we have been in a relationship from then until now. I visited her in Manila in June and I'll be going back to visit her in November.

She will be ending her contract in October and I am going to drive to see her when she gets off the ship. We are hoping the agent checking her off the ship will allow her to stay in the US for a short visit. I called the US Customs & Border Protection office where she will end her contract. I was told her C-1/D visa allows her to stay up to 29 days but it's 100% up to the agent checking the crew off the ship.

The way I understand it, the cruise company will give her a return flight for the day/evening of the day the ship arrives in port. When she checks off the ship she will be given an I-95 with an expiration matching the day her return flight and a D-2 visa. Normally she would go directly to the airport and return home using those documents. She would like to request to stay in the US for up to 29 days. I was told she has to ask the agent checking them off and it all depends on what she says and if the agent believes her or not. I stressed to the person I was talking to that she's not an immigration threat. She's been in and out of US ports for 7 years and if she wanted to come here illegally she easily could've done it long ago. She's never requested a stay in the US before and has always returned directly to her country as scheduled.

She does have family in the Philippines and is late in the process of building a new home for her/them. It is not finished yet and I do not believe the home or lot is in her name yet. She does have a long record of money transferred to build the house and might be able to come up with receipts. She will have plenty of cash on her for her proposed stay (she will not need it though as she would stay with me). She also has a bank account in the Philippines and will be leasing a flat in Manila when she returns.

What are your opinions on the following...?

1. Is there something she can say or show to assist her chances?

AFAIK, no

2. Should she mention that she's in the process of a divorce to her current husband? She may need to appear in court to finalize the divorce.

Cannot hurt

3. Should she mention that she's in a relationship with me?

better not to unless specifically asked

4. Would it help if she got a ticket to return to the Philippines dated 28 or 29 days later?

not always helpful, but again can't hurt

5. Would it help if I had a ticket for the same flight?

6. Would it help if I give my info (name, address, phone, SS #, DL #, passport #, etc) to her to provide to the agent?

Nothing useful gained from these

[garya505 2]

Some brief background... I'm engaged to a Philippine citizen who has worked in the cruise industry for 7 years. She married a USC in May of 2005 and their marriage fell apart quickly (1 month later) after they each went back to work. They have not seen each other since the day they married and had no communication other than to discuss getting divorced. She is currently in the process of getting divorced but no paperwork has been filed as of yet. I met her in January of this year and we have been in a relationship from then until now. I visited her in Manila in June and I'll be going back to visit her in November.

She will be ending her contract in October and I am going to drive to see her when she gets off the ship. We are hoping the agent checking her off the ship will allow her to stay in the US for a short visit. I called the US Customs & Border Protection office where she will end her contract. I was told her C-1/D visa allows her to stay up to 29 days but it's 100% up to the agent checking the crew off the ship.

The way I understand it, the cruise company will give her a return flight for the day/evening of the day the ship arrives in port. When she checks off the ship she will be given an I-95 with an expiration matching the day her return flight and a D-2 visa. Normally she would go directly to the airport and return home using those documents. She would like to request to stay in the US for up to 29 days. I was told she has to ask the agent checking them off and it all depends on what she says and if the agent believes her or not. I stressed to the person I was talking to that she's not an immigration threat. She's been in and out of US ports for 7 years and if she wanted to come here illegally she easily could've done it long ago. She's never requested a stay in the US before and has always returned directly to her country as scheduled.

She does have family in the Philippines and is late in the process of building a new home for her/them. It is not finished yet and I do not believe the home or lot is in her name yet. She does have a long record of money transferred to build the house and might be able to come up with receipts. She will have plenty of cash on her for her proposed stay (she will not need it though as she would stay with me). She also has a bank account in the Philippines and will be leasing a flat in Manila when she returns.

What are your opinions on the following...?

1. Is there something she can say or show to assist her chances?

2. Should she mention that she's in the process of a divorce to her current husband? She may need to appear in court to finalize the divorce.

3. Should she mention that she's in a relationship with me?

4. Would it help if she got a ticket to return to the Philippines dated 28 or 29 days later?

5. Would it help if I had a ticket for the same flight?

6. Would it help if I give my info (name, address, phone, SS #, DL #, passport #, etc) to her to provide to the agent?

7. I would assume they will ask where she will stay. What should she tell them?

I was told that the agents are only trying to prevent illigal immigration to the US. She is not an 'immigration threat' and I wish it was easier to prove that to the agent. I don't want to lie and I don't want to get her in trouble because I want to petition her with a K-1 after her divorce is final. I really want to see her again but I will be going to visit her in Manila at the beginning of November anyway so I will see her shortly after anyway. It would be nice if she could stay here even for a few days so she could meet my family and friends and see my (soon to be our) home.

1. I think the assumption by US Immigration generally is that it is the intention of anyone from poor countries such as the Philippines to stay in the US illegally.

2. You have enough trouble with already with her getting the divorce.

3. On your VISA petition you will be asked if she has ever been in the US, so her record with DHS/USCIS better be squeaky clean dude, or you could be looking at delays in her VISA. Can you say "RFE"?

Personally I think the idea is fraught with peril and I wouldn't risk it, but that's just me.

[Robor007 0]

Thanks for the responses and advice. I just spoke with her attorney and she *may* be required to appear in court to finalize the divorce. If so she would have a document from the court serving her to appear. If she is allowed this of course wouldn't be a problem. If she is denied, would it be legal for her to drive across state, appear, sign the paperwork, and return to the airport to fly back home as scheduled? I was going to ask her to see if the cruise company would give her a return flight the next day as well. What a mess!

Yes, she's 100% squeaky clean in her visits to the US. She's been in and out of port and is allowed 'shore leave' when the ship is in port and she's not working. So she should have a good record as far as that goes. I've been told she should not offer any info more than necessary but be honest in answers. Thanks again!

[garya505 2]

Thanks for the responses and advice. I just spoke with her attorney and she *may* be required to appear in court to finalize the divorce. If so she would have a document from the court serving her to appear. If she is allowed this of course wouldn't be a problem. If she is denied, would it be legal for her to drive across state, appear, sign the paperwork, and return to the airport to fly back home as scheduled? I was going to ask her to see if the cruise company would give her a return flight the next day as well. What a mess!

Yes, she's 100% squeaky clean in her visits to the US. She's been in and out of port and is allowed 'shore leave' when the ship is in port and she's not working. So she should have a good record as far as that goes. I've been told she should not offer any info more than necessary but be honest in answers. Thanks again!

I would just keep in mind that the more complicated your VISA petition is to USCIS, the more likely they are to send you an RFE which would mean a delay in the VISA. Are you willing to risk that? We have seen how slow USCIS is with, even simple things.

Edited August 28, 2006 by garya505

[Richard&Maria 0]

Some brief background... I'm engaged to a Philippine citizen who has worked in the cruise industry for 7 years. She married a USC in May of 2005 and their marriage fell apart quickly (1 month later) after they each went back to work. They have not seen each other since the day they married and had no communication other than to discuss getting divorced. She is currently in the process of getting divorced but no paperwork has been filed as of yet. I met her in January of this year and we have been in a relationship from then until now. I visited her in Manila in June and I'll be going back to visit her in November.

She will be ending her contract in October and I am going to drive to see her when she gets off the ship. We are hoping the agent checking her off the ship will allow her to stay in the US for a short visit. I called the US Customs & Border Protection office where she will end her contract. I was told her C-1/D visa allows her to stay up to 29 days but it's 100% up to the agent checking the crew off the ship.

The way I understand it, the cruise company will give her a return flight for the day/evening of the day the ship arrives in port. When she checks off the ship she will be given an I-95 with an expiration matching the day her return flight and a D-2 visa. Normally she would go directly to the airport and return home using those documents. She would like to request to stay in the US for up to 29 days. I was told she has to ask the agent checking them off and it all depends on what she says and if the agent believes her or not. I stressed to the person I was talking to that she's not an immigration threat. She's been in and out of US ports for 7 years and if she wanted to come here illegally she easily could've done it long ago. She's never requested a stay in the US before and has always returned directly to her country as scheduled.

She does have family in the Philippines and is late in the process of building a new home for her/them. It is not finished yet and I do not believe the home or lot is in her name yet. She does have a long record of money transferred to build the house and might be able to come up with receipts. She will have plenty of cash on her for her proposed stay (she will not need it though as she would stay with me). She also has a bank account in the Philippines and will be leasing a flat in Manila when she returns.

What are your opinions on the following...?

1. Is there something she can say or show to assist her chances?

2. Should she mention that she's in the process of a divorce to her current husband? She may need to appear in court to finalize the divorce.

3. Should she mention that she's in a relationship with me?

4. Would it help if she got a ticket to return to the Philippines dated 28 or 29 days later?

5. Would it help if I had a ticket for the same flight?

6. Would it help if I give my info (name, address, phone, SS #, DL #, passport #, etc) to her to provide to the agent?

7. I would assume they will ask where she will stay. What should she tell them?

I was told that the agents are only trying to prevent illigal immigration to the US. She is not an 'immigration threat' and I wish it was easier to prove that to the agent. I don't want to lie and I don't want to get her in trouble because I want to petition her with a K-1 after her divorce is final. I really want to see her again but I will be going to visit her in Manila at the beginning of November anyway so I will see her shortly after anyway. It would be nice if she could stay here even for a few days so she could meet my family and friends and see my (soon to be our) home.

Here's my ten cents worth of opinion.

1. The immigration officer at the port of entry may assume that she is going to jump ship this time since she must have a reason to stay longer this time. And she will be asked where she is going. If not to relatives, then it becomes suspicious. If to relatives, she will be asked for name and fone number which they will call to verify and they will ask the relatives to guarantee. My friend has been in a similar situation so this is live example, not a theoretical answer.

2. If she mentions she is getting a divorce, then it just reinforces the suspicion that she is entertaining a possible relationship and may not go back to Manila. She does not really need to appear for the final decision if she has already appeared at least once in the petition/hearing for annulment...no divorce in the Philippines.

3. If she mentions the relationship with you, then she has a greater chance of being denied entry. I remember that in my third visit to the USA to see my fiancee (before we filed the K1), I was asked why I had been to the USA 2 times in the last 4 months, then again this time (3 times in 6 months), and I just replied that I am going to see my fiancee to finalize documentation for K1, but I did return everytime and stayed only for 2 weeks since I had a very stable job and needed to be back to fulfill my work responsibilities, and that I had my sons who need me as their mom...the point is, you must show sufficient proof and convince the officer that you are coming back to Manila because of work and family reasons.

4. Tickets dont really make an impact since you can always change date or cancell or not use them.

5. If you provide your name and address, it may help, but then again she has to prove your relationship or casual friendship...a relationship leading to fiancee will definitely be more suspicious to the officer.

6. November is just around the corner, and in my opinion, it may be better that you visit her in November than take the risk of the stay in USA.

7. But, there is always a pot chance that the immigration officer will be kind and see her sincerity and honesty.

8. I would not begrudge her for wanting a better life with you...we are all entitled to a better life and a second chance at happiness.

Good luck!

Maria

[Robor007 0]

Thank you everyone for the advice here. I am glad I posted this question because as the guy missing his gal I have a different perspective than others looking at the situation from the outside. I know we're not trying to do anything underhanded and I don't understand why there would be a problem with her request. However, all of you have pointed out the red flags in our situation and after reading them I agree that it could definitely be seen as suspicous. It's sad though. As the USC in love with a foreigner we are judged guilty and have to prove ourselves innocent. Also sad that the entire decision is based on the opinion of the agent checking the crew off the ship. A game of chance really.

After getting everyones advice here I'm not so focused on her visiting. I will still see her that afternoon and see her off at the airport and it's only a month later that I'll be traveling to the Philippines to see her again anyway. The important thing is that she gets the divorce finalized and doesn't do anything to complicate the K-1 or K-3 process we will do later.

As far as I know she has no relatives in the area that she could use as a reference. I was told that should she have to appear in court she would be given a document stating this to provide to the agents. If she does have to appear I hope the agent would allow it - that's my only concern now. Hopefully she will not have to appear because that would make it easier on everyone involved.

Thank you again everyone for some 'outside perspective'!