inspected by immigration officer in the airport

[rika60607 215]

If you can prove that you had intention to go back when you entered the US on the B1/B2 visa, then you could try to stay and adjust status.

How can you prove that you intended to go back?

Did you have a good job and were going to US on vacation?

Do you still have property back home?

Your child is still there, but not a minor, so not sure how much that will help...

What have changed that you decided to marry and stay?

What else were you asked at the POE, did they ask you about the purpose of your visit? Did you say it is to visit your boyfriend?

In itself, if the only problem is that you had your birth certificate with you and you gave this awkward answer about why it is with you, you can overcome this. However, if it looks like you lied or you prepared to immigrate and used tourist visa for it, you may be in trouble trying to adjust.

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.

[YuAndDan 153]

If you can prove that you had intention to go back when you entered the US on the B1/B2 visa, then you could try to stay and adjust status.

How can you prove that you intended to go back?

Did you have a good job and were going to US on vacation?

Do you still have property back home?

Your child is still there, but not a minor, so not sure how much that will help...

What have changed that you decided to marry and stay?

What else were you asked at the POE, did they ask you about the purpose of your visit? Did you say it is to visit your boyfriend?

In itself, if the only problem is that you had your birth certificate with you and you gave this awkward answer about why it is with you, you can overcome this. However, if it looks like you lied or you prepared to immigrate and used tourist visa for it, you may be in trouble trying to adjust.

No good advise, USCIS has on record all the papers that would be needed to adjust status being brought into the country, I have seen the POE making person enter the country sign a form attesting no immigrations intent, and then using this to deny AOS.

All the earlier posts in this thread are recommending doing the right thing file an I-130 for a spouse visa, and not trying to adjust status, especially with the secondary inspection and questioning at the POE.

[RICARDO4EVA2 194]

If you can prove that you had intention to go back when you entered the US on the B1/B2 visa, then you could try to stay and adjust status. No. she had no intent to g back home.

It's ok you got married but you absolutely can't stay. You might want to consider the K3 CR-1 (visa for spouse). There is a section dedicated to it on this forum.

Edited February 17, 2011 by RICARDO4EVA2

[JimVaPhuong 4,863]

If you can prove that you had intention to go back when you entered the US on the B1/B2 visa, then you could try to stay and adjust status.

How can you prove that you intended to go back?

Did you have a good job and were going to US on vacation?

Do you still have property back home?

Your child is still there, but not a minor, so not sure how much that will help...

What have changed that you decided to marry and stay?

What else were you asked at the POE, did they ask you about the purpose of your visit? Did you say it is to visit your boyfriend?

In itself, if the only problem is that you had your birth certificate with you and you gave this awkward answer about why it is with you, you can overcome this. However, if it looks like you lied or you prepared to immigrate and used tourist visa for it, you may be in trouble trying to adjust.

AOS is not a court procedure where the two sides get to swap evidence. It won't make an iota of difference what she thinks she can prove. DHS has strong evidence of immigrant intent because she brought documents that would be required for AOS but not required for a typical visitor. They subjected her to secondary inspection, so they undoubtedly asked about her intentions. They have both of the things they need to nuke her AOS petition; evidence of preconceived intent, and her statements to the contrary. All that's needed now to seal the deal and send her packing is an actual AOS petition.

In my opinion, applying for AOS now, given what she has told us, is almost certain to fail and come with a material misrepresentation ban. The only safe thing to do is go back to Vietnam and get a proper immigrant visa.

[Channah&Aaron 51]

; Please correct me if I'm wrong,

I'm also a B2 Visa holder, and when I had my interiew they insist to swear (normal procedure) that I know the rules of the B2 Visa and won't do anything that was against these rules (also not getting married) and that I told the truth.

Because of that, I am wondering if she faces 2/5/10 year ban WHen she Leaves the Country because she got married on a B1/B2 Visa while she knew that you can't get married with this Visa during her stay. And I think they are more strict when it comes on marrying while holding this certain Visa than on VWP.

???

Edited February 17, 2011 by Channah&Aaron

[YuAndDan 153]

; Please correct me if I'm wrong,

I'm also a B2 Visa holder, and when I had my interiew they insist to swear (normal procedure) that I know the rules of the B2 Visa and won't do anything that was against these rules (also not getting married) and that I told the truth.

Because of that, I am wondering if she faces 2/5/10 year ban WHen she Leaves the Country because she got married on a B1/B2 Visa while she knew that you can't get married with this Visa during her stay. And I think they are more strict when it comes on marrying while holding this certain Visa than on VWP.

???

No, no bar will happen if got married while in the USA on a B-2. The rules have to do with marrying and then staying in the USA.

You WILL be fine, simply file an I-130 for a spouse visa, if this your intent.

[rika60607 215]

I was never asked to swear that I will not marry when I got the B1/B2.

I married on B1/B2 visa, left the US within allotted time and took CR-1 route.

I had no problem at the interview or POE with CR-1.

; Please correct me if I'm wrong,

I'm also a B2 Visa holder, and when I had my interiew they insist to swear (normal procedure) that I know the rules of the B2 Visa and won't do anything that was against these rules (also not getting married) and that I told the truth.

Because of that, I am wondering if she faces 2/5/10 year ban WHen she Leaves the Country because she got married on a B1/B2 Visa while she knew that you can't get married with this Visa during her stay. And I think they are more strict when it comes on marrying while holding this certain Visa than on VWP.

???

[rika60607 215]

So did you or did you not intend to marry and stay in the US when you entered US with tourist visa?

If yes, your husband should file I-130 right away and you should go back home when your allowed time runs out.

Did you answer any other questions, apart from why you had your birth certificate with you? What did you tell at the secondary was the purpose of your visit?

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.

[YuAndDan 153]

So did you or did you not intend to marry and stay in the US when you entered US with tourist visa?

If yes, your husband should file I-130 right away and you should go back home when your allowed time runs out.

Did you answer any other questions, apart from why you had your birth certificate with you? What did you tell at the secondary was the purpose of your visit?

This will not cause a problem with a CR-1 petition, attempting to AOS will encounter big problems though.

http://www.visajourney.com/forums/topic/295962-inspected-by-immigration-officer-in-the-airport/page__view__findpost__p__4485231

[Channah&Aaron 51]

; Ok, so no ban. Thanks for correcting me because I thought so.

And yes, I had to put my right hand up and swear that I knew the rules and that I told the truth.

That's why I was wondering

[Harsh_77 716]

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.

To me it sounds as a INTENT from the entry itself, your other half had it in mind and communicated to you that enter as tourist get married and file for AOS and bring the relevant document required for AOS - which you did.

If they have recorded this in your file at airport, it can be difficult at time of AOS depending on mood of the officer, (s)he can not only give you hard time but denny it as well.

[Channah&Aaron 51]

To me it sounds as a INTENT from the entry itself, your other half had it in mind and communicated to you that enter as tourist get married and file for AOS and bring the relevant document required for AOS - which you did.

If they have recorded this in your file at airport, it can be difficult at time of AOS depending on mood of the officer, (s)he can not only give you hard time but denny it as well.

; That's what I thought too. Appearently visitors with B1/B2 Visa do have the permission to get married during their stay in the US, go back to their home country within the valid duration of stay, -hopefully- without any problems when they leave and file for CR-1, if they haven't had the intention to get married when they entered the country, I guess. If the visitor would tell the Border officer that the visitor have the intention to get married, the visitor would get denied because otherwise the officer thinks he/she will stay and not leave in time.

Edited February 17, 2011 by Channah&Aaron

[Harsh_77 716]

; That's what I thought too. Appearently visitors with B1/B2 Visa do have the permission to get married during their stay in the US, go back to their home country within the valid duration of stay, -hopefully- without any problems when they leave and file for CR-1, if they haven't had the intention to get married when they entered the country, I guess. If the visitor would tell the Border officer that the visitor have the intention to get married, the visitor would get denied because otherwise the officer thinks he/she will stay and not leave in time.

You can get married while you are on B1/B2 and leave the country and go back home and file for CR1 - which is perfectly valid and legal.

The only advantage is when you go for your interview at consulate CO is more comfortable to see your marriage lic from US and its not a fraud document.

If you tell a office at POE that you intent to marry on non-immigrant visa 100% you will be denied entry as they assume that you will file for AOS and not leave the country.

So you can enter country as tourist get married and return back to home country and file for CR1 and you are not violating any rules or regulation.

[bestofboston 36]

Plan on staying a minimum of 10 months in your country while processing the Visa.

It takes 5 plus months for the first phase at the USCIS.

It takes another 5 months between the NVC and the Embassy in your country to get the interview.

Good luck but don't plan on any less than 10 months from the time you submit your I-130 to the USCIS. The sooner you get it rolling the better off you are.

[Kathryn41 3,205]

This thread moved from AOS from Family based visa to AOS from Work, Student & Tourist Visa as the more appropriate location for this discussion. The OP is considering adjusting from a tourist visa and while is also considering applying for a CR-1 visa (much better choice ! ), the information is still relevant to the topic of this forum.