inspected by immigration officer in the airport

[From_VN_To_TX 17]

I've been to the U.S. 3 times under visiting visa B1/B2. I came back to my original country to renew my visa and come back to the States again on December 2010. I kept some of my paperwork included my birth certificate and divorced certificate in my carry on items while I were scanned for security. The officers in the airport were suspicious about my paperwork and they took me to the private room to ask some questions why do I bring these stuff with me to the States? I told them that these paperwork are very important to me so I felt insecure to leave them back home. The officers kept asking me other questions and discussing with each other for around 1 hour. After that, they released me. My question is that does it mean I was inspected by the officers? I got marriage in the States on Feb 2011 and I am going to send all of my paperwork for Adjustment of Status. However, to be honest, the trouble happened still haunted me and make me feel hesitate to send my AOS paperwork. Will the airport record anything from my case? Will the USCIS cause any trouble for me when I file for AOS? Please let me know what do you think and what should I do.

Thank you very much for reading my story.

Edited February 16, 2011 by Mr Thai

[YuAndDan 153]

What are you adjusting from?? A K-1??

Keep in mind USCIS will have a record of all the questions and that you had paperwork that looks like your intent upon entry was to immigrate. if this is the case, USCIS can go hard or even deny in the basis of INTENT.

Was your INTENT upon entry to the USA on the B-2 to get married and adjust status??

The POE is part of Homeland Security, as well as USCIS.

I would play it safe, file only an I-130 for a spouse visa, don't overstay the allowed stay on the I-94, and return home for a spouse visa interview. You should be able to visit on the B-2 if it is multi-entry and still valid.

[SF2007 48]

No harm done as long as you didn't lie and stayed polite. Entering the US is always to up the custom officers. It happens that people have do withdraw their application for entry at customs (that's what happens when you're denied) when entering on a visitor's visa and it doesn't harm their K1 application.

It is unclear to me if you entered the US on your K-1 and married your fiancée on Feb 11 or if you were visiting while it's pending. Did you enter with your K-1, married and will now file for AOS?

If you did enter on your K1 and married you HAVE to file for AOS.

[From_VN_To_TX 17]

I will adjust from B1/B2. I did not really intend to do adjustment of status in the states. My husband told me I should bring these stuff to the U.S. in case needed so I followed him. according to your reply, the USCIS already know that the IO in the airport interviewed me the day I entered the U.S. ? To be honest, I just got marriage and wish I could stay here with my husband and adjust status so I can stay legally. My husband told me it won't be a big deal if I send my package because we are real marriage. However, the thing I am concerned about is that USCIS may think I tried to get visiting visa to come here and adjust status and make it difficult for my case. I am so confused right now and don't know what to do.

[Brother Hesekiel 2,235]

Mr. Thai,

yes, you are correct, you have a problem, and it's a big one.

See, the B1/B2 is a non-immigrant visa. Not only have you been inspected, but you have been pulled into what is known as "secondary" inspection. The fact that you have such documents with you on a vacation indicates immigration intend. You were specifically asks about this and you . . . uhhh . . . lied when telling CBP that you felt insecure leaving those documents at home.

I am absolutely sure that CBP entered your statement, and that's what that is, into the computer under your file. The way I understand your post, you now got married and are planing to adjust status. If you do that, you will be denied based on material misrepresentation. It carries a lifetime ban from the United States.

If I were you, I would return to Vietnam and take the CR-1 route. Seriously.

Edited February 16, 2011 by Just Bob

[Sweetcheeksss 91]

***Edit***

Nevermind, posted after the OP responded.

Edited February 16, 2011 by Sweetcheeksss

[slider100 8]

I agree with Just Bob, intending to immigrate on a B1/B2 can cause some serious problems!

I wish you all the best!

KnR aka slider100

[SF2007 48]

If I were you, I would return to Vietnam and take the CR-1 route. Seriously.

Ok I get it now!

You entered on a visitor visa AND are planning to adjust status from the US? Not gonna happen hun

You can only adjust status from an immigrant visa and you entered on a visitor visa.

It's ok you got married but you absolutely can't stay. You might want to consider the K3 (visa for spouse). There is a section dedicated to it on this forum.

I advise you strongly to not overstay your visitor visa. Guaranteed that will harm any immigration application. Especially if you didn't tell the officers about your USC fiancé.

I wish you the best and be patient!

[YuAndDan 153]

Ok I get it now!

You entered on a visitor visa AND are planning to adjust status from the US? Not gonna happen hun

You can only adjust status from an immigrant visa and you entered on a visitor visa.

It's ok you got married but you absolutely can't stay. You might want to consider the K3 (visa for spouse). There is a section dedicated to it on this forum.

I advise you strongly to not overstay your visitor visa. Guaranteed that will harm any immigration application. Especially if you didn't tell the officers about your USC fiancé.

I wish you the best and be patient!

Two points.

AOS is for adjusting from NON immigrant to immigrant, as in K1, K3, work student tourist etc, an immigrant on a CR1 IR1 etc does not adjust status.

K3 is no longer an option NVC closes them and proceeds on with CR1.

[From_VN_To_TX 17]

Thanks everyone for your advices. I really appreciate it.

I made up my mind that I would fly back to my country and my spouse will submit the paperwork for me after. However, my visa will be expired on December 2011 so can I come to visit my spouse in the U.S again while my application is pending at USCIS?

One more question, I have a son who is 20 now and will turn to 21 this October. I heard that if I ask my spouse to sponsor me under K3/K4 visa will allow my son to come with me to the U.S. is it correct?

Thank you very much again. Wish everyone have a great day

[hniHnitsuJ 8]

Thanks everyone for your advices. I really appreciate it.

I made up my mind that I would fly back to my country and my spouse will submit the paperwork for me after. However, my visa will be expired on December 2011 so can I come to visit my spouse in the U.S again while my application is pending at USCIS?One more question, I have a son who is 20 now and will turn to 21 this October. I heard that if I ask my spouse to sponsor me under K3/K4 visa will allow my son to come with me to the U.S. is it correct?

Thank you very much again. Wish everyone have a great day

The answer is NO, You can not come to visit your spouse while your application is pending. I might be WRONG.

[ScottThuy 140]

The chances of the CBP officer granting entry after what she went through the last time she entered..it is likely she will get denied re-entry with a pending CR1 petition since the last entry...

[Messybrownhair 251]

I wouldn't risk travelling with a pending petition..

It would be best to wait it out.. If you file now maybe you will already be there before December. And they will cancel your tourist visa when your cr1 gets approved

[YuAndDan 153]

Thanks everyone for your advices. I really appreciate it.

I made up my mind that I would fly back to my country and my spouse will submit the paperwork for me after. However, my visa will be expired on December 2011 so can I come to visit my spouse in the U.S again while my application is pending at USCIS?

One more question, I have a son who is 20 now and will turn to 21 this October. I heard that if I ask my spouse to sponsor me under K3/K4 visa will allow my son to come with me to the U.S. is it correct?

Thank you very much again. Wish everyone have a great day

Forget the K-3, improved processing at USCIS and NVC have eliminated it.

USCIS WILL tie the I-130 and I-129F together and approve on same date, then NVC WILL close the I-129F and proceed on with the CR-1.

K-3 served only one function, it was derived at a time when I-130 was taking years to get approved, however now since I-130 is approved at same time as I-129F the function of K-3 (Entry to USA and WAITING for I-130 approval) no longer exists, so NVC kills the K-3 in favor of the superior CR-1 or IR-1 visa.

How will the Department of State process my K-3 visa petition?

Important Notice: Effective February 1st, 2010, when both the I-129F petition for a nonimmigrant K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the National Visa Center (NVC), the availability as well as the need for a nonimmigrant K-3 visa ends. If the NVC receives both petitions:

• The nonimmigrant K visa will be administratively closed.
• The application process explained below will not be applicable and cannot be used.
• The NVC will contact the petitioner and you with instructions for processing your IR-1 (or CR-1) immigrant visa. For more information on the immigrant visa process review the Immigrant Visa for a Spouse webpage.

If the NVC does not receive your I-130 petition and I-129F at the same time, the NVC will process your I-129F petition. Then NVC will send the petition to the embassy or consulate in the country where the marriage took place. If your marriage took place in the U.S., the NVC will send the petition to the embassy or consulate that issues visas in your country of nationality.

http://travel.state.gov/visa/immigrants/ty...pes_2993.html#4

As for son, there is no way for US citizen to be able to petition for him, Step parent relationship needed to be established prior to 18th birthday, only visa that may have brought son here would be K-1/K-2 Fiancee visa and then son would need to adjust status before age 21.

Only way for son to be able to come to the USA would be for you to file a petition after you arrive and get green-card, hopefully prior to age 21, this would lock in age 20 for the visa priority class.

Edited February 17, 2011 by YuAndDan

[JimVaPhuong 4,863]

Thanks everyone for your advices. I really appreciate it.

I made up my mind that I would fly back to my country and my spouse will submit the paperwork for me after. However, my visa will be expired on December 2011 so can I come to visit my spouse in the U.S again while my application is pending at USCIS?

One more question, I have a son who is 20 now and will turn to 21 this October. I heard that if I ask my spouse to sponsor me under K3/K4 visa will allow my son to come with me to the U.S. is it correct?

Thank you very much again. Wish everyone have a great day

Your son is not eligible for a derivative visa because you and your husband were married after he turned 18. As YuAndDan stated, he would have been eligible for a K2 if you were applying for a K1, but you're already married so it's too late for that. Even if you weren't already married, it's highly unlikely you could get a K1 visa for yourself and a K2 visa for him, and come to the US and adjust his status before he's 21.

After you get your green card then you can petition for your son. However, he MUST NOT GET MARRIED. There are two classes of visas for a child of a permanent resident. FB2A is for a spouse or for an unmarried child under 21 years old. FB2B is for an unmarried child 21 years old or older. The chances of you getting a green card and submitting a petition for your son before he's 21 years old is practically zero. You simply don't have enough time.

Unlike visas for immediate relatives of US citizens, visas for relatives of permanent residents are strictly rationed. Only about 114 thousand such visas are issued each year in the FB2 category, with no more than 7% being issued in any one country. There is a waiting list for these visas. USCIS will assign a "priority date" to your son's visa petition, which is the date USCIS receives the petition from you. When the priority date becomes current then your son is at the front of the line, and can apply for a visa at the consulate in Saigon. The current priority date for FB2B visas with beneficiary's in Vietnam is April 15, 2003. This means you can expect to wait about 8 years, based on the current USCIS backlog. The wait time may get shorter or longer as the backlog changes. If he gets married during this time then he's no longer eligible for any visa as the married son of a permanent resident.

If you remain married to your US citizen husband then you will be eligible to become a US citizen three years after you get your first green card. At that point, you can have your son's petition promoted to FB1 since he will be the unmarried adult son of a US citizen. That will cut about two years off the waiting time for his priority date to become current. If he gets married then he'd still be eligible for an FB3 as the married adult son of a US citizen, but the wait time would be two years LONGER than the wait time for an unmarried adult son of a permanent resident.