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Filed: Timeline
Posted (edited)

Hello, a week or two ago I made a similar post. However things still have not moved forward as our marriage certificate has still not arrived? It's almost been a month now.

Anyway, it is allowed for me to visit my wife in the USA under the visitor visa from what I've read. But as I've come to understand, I could very much be denied. Anyway, Ideally I'd like to go for pretty much 3 months as I'm entitled. Would this be bothersome for them to want to stay this long? I'm not sure if to get a flight straight to the USA, or see options for going to Dublin, Ireland's POE.

Due to not having the marriage certificate yet and to say I was to try and travel without having began the CR-1 process, would this effect my attempt to enter in to the USA differently?

Of course having to show the intent of coming back to the UK. What do you suggest I provide as proof? Bearing in mind I am 20 years old. Would they take this in to consideration that I just live under my mum? Or should I try and change something about that? Will things like car insurance help? Photos of the wedding? I also asked work about the situation and due to me being under a contract of being a temp, I will not have a job to return to. However my boss/manager will hopefully be able to write a letter with an open position, if one is to come about under the situation. Would this help? Or would this be meaningless to the officer? Any mention of other evidence that would help gain entry if questioned would help very much!

Like for example would they really see me, a 20 year old British person going to do a runner to the US and lose everything I have back home and to try and jeopardize my marriage? I visited for 2 weeks and did unintentionally get married, but returned within the 2 weeks as I said I would. Would they take this in to consideration?

I'm hoping by making this thread it can help answer of give others an idea too.

Sorry if I made the post a little long winded! Love & peace

Edited by Anty
Filed: Citizen (apr) Country: Canada
Timeline
Posted

Well, first of all, you are not entitled to 3 months in the US. The 90 day stay in the US is a privledge for those from certain countries. It is not a right nor an entitlement.

In order to receive this privledge, the CBP would like to see that you will not abuse this privledge and return to the UK, what do you plan on showing if you are asked? Letter from an employer is good, a car note with insurance, that's good too, perhaps a letter from your mother stating your expected return, a return ticket is also good.

CBP may or may not take your previous visits under consideration. They may see you now married to a USC, young, little ties to the UK and deny you entry. Or they may not. None of us here can say what the CBP will think when you apply for entry.

Good luck

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August 16, 2008 - NOA-1
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NVC
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Posted

bills are one thing that proves you have a reason to go back to, but a letter from an employer might not be considered as much to them, especially as it isn't saying they employ you just that they will have an open position for you, and the problem of going for 3 months is hardly anyone can afford to/are able to take a 3 month holiday, although it is a bit rare for a person from the uk run to the usa and be an illegal immigrant, i will be honest, if i was a CBP i would be wary of your story, so i dare say there is a HIGH possibility of them not allowing you in, but that is just my view,

My Journey Uk To Usa



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Filed: K-3 Visa Country: Thailand
Timeline
Posted

Hello, a week or two ago I made a similar post. However things still have not moved forward as our marriage certificate has still not arrived? It's almost been a month now.

Anyway, it is allowed for me to visit my wife in the USA under the visitor visa from what I've read. But as I've come to understand, I could very much be denied. Anyway, Ideally I'd like to go for pretty much 3 months as I'm entitled. Would this be bothersome for them to want to stay this long? I'm not sure if to get a flight straight to the USA, or see options for going to Dublin, Ireland's POE.

Due to not having the marriage certificate yet and to say I was to try and travel without having began the CR-1 process, would this effect my attempt to enter in to the USA differently?

Of course having to show the intent of coming back to the UK. What do you suggest I provide as proof? Bearing in mind I am 20 years old. Would they take this in to consideration that I just live under my mum? Or should I try and change something about that? Will things like car insurance help? Photos of the wedding? I also asked work about the situation and due to me being under a contract of being a temp, I will not have a job to return to. However my boss/manager will hopefully be able to write a letter with an open position, if one is to come about under the situation. Would this help? Or would this be meaningless to the officer? Any mention of other evidence that would help gain entry if questioned would help very much!

Like for example would they really see me, a 20 year old British person going to do a runner to the US and lose everything I have back home and to try and jeopardize my marriage? I visited for 2 weeks and did unintentionally get married, but returned within the 2 weeks as I said I would. Would they take this in to consideration?

I'm hoping by making this thread it can help answer of give others an idea too.

Sorry if I made the post a little long winded! Love & peace

Reading this is an adventure in comprehension. I hope you can condense this into something easier to understand when the time comes.

Your married to a USC. That alone may stop you from ever getting a tourist visa. USCIS uses the strongest ties rule to determin these cases. No matter what you give as evidence of your return it wont over come your ties to your wife inside the USA. How would they see you? As a 20 year old immigrating to the USA to live with his wife.

To even attempt this you will need evidence of very strong ties to your country. From what I see here you dont have anything that will over come having a USC wife. Keep in mind all people with any type of visas are considered intending immigrants by USCIS.

If you did succeed at getting the visa you may get turned away at the POE. However I think you can find that out in Dublin. The lenght of time you could stay is determined at the POE.

Filed: Timeline
Posted

Well, first of all, you are not entitled to 3 months in the US. The 90 day stay in the US is a privledge for those from certain countries. It is not a right nor an entitlement.

Oh, I did mean 90 days. But a UK citizen is not allowed to visit up to 90 days under the Visa Waiver? So, would say, visiting a month be seen as a lot more sensible?

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Reading this is an adventure in comprehension. I hope you can condense this into something easier to understand when the time comes.

Your married to a USC. That alone may stop you from ever getting a tourist visa. The State Department uses the strongest ties rule to determin these cases. No matter what you give as evidence of your return it wont over come your ties to your wife inside the USA. How would they see you? As a 20 year old immigrating to the USA to live with his wife.

To even attempt this you will need evidence of very strong ties to your country. From what I see here you dont have anything that will over come having a USC wife. Keep in mind all people with any type of visas are considered intending immigrants by the State Department.

If you did succeed at getting the visa you may get turned away at the POE. However I think you can find that out in Dublin. The lenght of time you could stay is determined at the POE.

References to USCIS replaced with State Department as it is the State Department that actually adjudicates visa applications, not USCIS.

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Filed: Citizen (apr) Country: Canada
Timeline
Posted

Oh, I did mean 90 days. But a UK citizen is not allowed to visit up to 90 days under the Visa Waiver? So, would say, visiting a month be seen as a lot more sensible?

You focused on the wrong part of my post. Visiting is a privledge, not an entitlement.

With such minimal ties, yes I think a shorter trip would be best

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: Timeline
Posted

You focused on the wrong part of my post. Visiting is a privledge, not an entitlement.

Sorry with the misuse of the word 'entitled' but I understood what you meant.

Well it's a gamble I'm willing to take! Much appreciated for the replies.

Posted

Let me know how this turns out for y'all. We've been wondering the same thing.

Kind of silly to imagine someone would pay all the fees and wait all this time, only to abandon the process half-way through to immigrate illegally, with no ability to work.

Filed: Timeline
Posted

Let me know how this turns out for y'all. We've been wondering the same thing.

Kind of silly to imagine someone would pay all the fees and wait all this time, only to abandon the process half-way through to immigrate illegally, with no ability to work.

Sorry, but are you saying this is silly of me? Or referring to a CBP? I wouldn't exactly deny that, but it just feels very misleading that what I done was legal. And was told at the immigration office in Minnesota that I was allowed to visit, with out mentioning I may be denied entry.

As said the marriage certificate has not turned up yet, so we have not started the CR-1.

Posted

No, no not silly of you. Well risky maybe.

I mean it's silly that the assumption of the border agent is that people like us would put all the time and effort into doing things legally only to do a 180 and try to overstay/work on a visitor visa. If they're willing to bend the rules a bit, people from the UK (or similar countries) can just as easily come over, 'spontaneously' get married, and adjust without ever leaving. If people like us weren't willing to bend the rules to do that, why would border patrol assume we were doing it now?

If you haven't actually applied for the I-130 yet, I would say you can probably swing a visit without trouble. We got married in Feb and hubby came to visit in June while I was still putting together the application. Just don't volunteer more information than customs asks for.

Now that we've applied and we know it will appear on the computer when hubby hands CBP his passport, we're less certain of whether they would let him in.

Filed: Timeline
Posted

No, no not silly of you. Well risky maybe.

I mean it's silly that the assumption of the border agent is that people like us would put all the time and effort into doing things legally only to do a 180 and try to overstay/work on a visitor visa. If they're willing to bend the rules a bit, people from the UK (or similar countries) can just as easily come over, 'spontaneously' get married, and adjust without ever leaving. If people like us weren't willing to bend the rules to do that, why would border patrol assume we were doing it now?

If you haven't actually applied for the I-130 yet, I would say you can probably swing a visit without trouble. We got married in Feb and hubby came to visit in June while I was still putting together the application. Just don't volunteer more information than customs asks for.

Now that we've applied and we know it will appear on the computer when hubby hands CBP his passport, we're less certain of whether they would let him in.

Yes, I'm very curious how they evaluate such ways of letting people in to the USA. Do they even know people are married or only until the I-130 has been sent? I guess they have many things to consider but it is rather frustrating.

Oh, and I wish you the best for you and your hubby!

Posted

I don't think the border agent has the information that you're married in front of them until you apply for the CR-1. For some reason I didn't realize you hadn't filed already.

Just tell them you're 'visiting family' rather than 'your wife' if they ask and you should be fine. Good luck! :)

Filed: IR-1/CR-1 Visa Country: India
Timeline
Posted

I don't think the border agent has the information that you're married in front of them until you apply for the CR-1. For some reason I didn't realize you hadn't filed already.

Just tell them you're 'visiting family' rather than 'your wife' if they ask and you should be fine. Good luck! :)

Please don’t follow this advice lying to immigration is the last thing u should have on your mind.

If you are asked whom you visiting and you lying can be held against you as mis-representation which can perm ban you from US.

Posted

This is not a lie. Your spouse is 'family'. If they press further, obviously you should tell the truth.

I think last time my husband visited they asked him whether he was there for business or pleasure and he simply replied 'pleasure'. Then they asked how long he was staying and he said 'three weeks'. That was it. No need to volunteer more specific information than they ask.

 
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