Could my visa be refused?

[bs0d 0]

Hi all,

I am turning to your expertise in the hope to find answers because I am panicked right now!

I will to organize the information so it is as clear as possible to everyone who reads.

Background:

First off, my wife and I are legitimately married. My wife and I met a little over 2 years ago in France, and we have been together since then, and (yay for the happy couple!) we got married in the U.S. last month.

We genuinely love each other and want to be together, and this is in no way a marriage of convenience (I know even that sometimes doesn't keep people from being refused for a visa).

I am French and she is a U.S. citizen. We live in Canada right now (we are both on a working holiday visa) and we have the intention of moving to the US at the end of the month. We would just establish our new life there as a couple.

Possible Problem:

Now, a friend told me that, when I go through immigration at the end of the month to stay with my in-laws (while we look for a place of our own), they are going to ask me the reason for my visit, obviously. And if I say that i am going to try to stay and work, they could deny me entry on US soil.

On the other hand, if I say that I am only visiting my in-laws, and then apply for the visa, and later on they find out that I "lied" at customs when I arrived, they can also refuse to give me a visa on the grounds that I may have "lied" to a customs officer!

Question:

Do you know if that is true? And if so, what can I possibly do about it? I feel like I'm in quite a pickle right now and I don't know anyone who could answer me. I tried a US consulate here in canada, but no one ever picks up the phone and it is quite difficult to get an appointment with an immigration officer.

Needless to say, I did a lot of research online about this and have found no evidence to support what my friend told me. It does seem very likely though, so I am literally freaking out!

Thanks in advance for any help you can give me.

bs0d

[Hypnos 6,579]

Entering the US with the preconceived intention not to depart at the end of your authorised stay would constitute visa fraud.

The safer (and legal) option is to file for a CR-1 immigrant visa, which would immediately grant you a green card upon entry to the US. These usually take 8 - 10 months from the time of filing to approval.

Edited August 1, 2012 by Hypnos

[Thomas&Cleofe 358]

Never lie to an immigration officer....always tell the truth about your visit. Trying to do shortcuts with immigration is ill-advised and frowned upon by the Department of Homeland Security.

[Harsh_77 718]

Agree with both the poster above... You cannot just decide one day that you want to move to US at end of the month and live there and work there.

Even though you are married to USC, you still have to apply for visa in your case your USC spouse applies for the visa, since you are already married you apply for CR1, which takes 8- 10 months for the approval and once you are granted the visa, you can get a GC which makes it legal for you to stay and work and live in US.

From your post it seems just plain visit is not the purpose of your visit and hence you cannot use the visitor visa or VWP. Use of VWP or visitor visa with intention to reside in US is considered as visa fraud.

Lieing or making false statement to immigration officer or CO is a bad bad idea… everything you say or present as evidence is recorded.

[cdneh 3,118]

To add, it can also earn you a ban. Not worth it.

[Thomas&Cleofe 358]

To add, it can also earn you a ban. Not worth it.

Yep....and up to a lifetime ban if caught lying to immigration.

[dwheels76 5,488]

Sorry dear you can not move to the US. And if you lie and in ur interview they say "oh wait u been married since this date but u said u were coming to stay with friends. That's immigration fraud and a lifetime ban.

And I won't lie and say u can visit throughout these long months because that's up to the border officer that can dtop and deny u.

Nope filing the CR1 and stickin it out is the safest and best way.

Read cthe guides on the site its easy just the waiting is all.

[VanessaTony 3,567]

You cannot just "move" to the US without the appropriate visa which you do not have. you are welcome to visit, but not stay. You can apply for the CR-1 while in the US but must leave to finish the process.

As you are already married (rather than suddenly making the decision here in the US) your entry to the US will carry a fair bit of assumed intent. It's likely they're going to ask you specifically about ties to your home country and because you're entering with a citizen they might note in their system your answers. If you were to then try and AOS within the US your answers could come back to bite you.

Lying = material misrep and can carry a lifetime ban (which is waiverable but as you used to live overseas with your wife I doubt your chances to get approved)

Telling them you're planning on staying will stop you from entering.

Long story short - apply for the CR-1 and process the visa in your home country (or somewhere else you can legally stay).

[Sophinette 1]

Hello,

Congrat avec le marriage...

First of all, y cannot move to the usa without a visa even if yre married to a usa national.

Y can travel to the usa with the waiver program but y will need to leave after three mth.

In yr case, the officer might ask y deep questions as yre married to a usa national? then they will try to determine if y are attached to the country where yre from or where y live. Therefore, if y have a job, why are y coming here, whats yr plan, where do y live with yr wife...etc any answers which makes the immigration officer believe y will try to stay can cause y troubles.

In the end of the day, it will depends of the officer during that day if she/he is in the good mood, if he/ she follows immigration rules, if they are busy..etc etc nobody in here can tell y the outcome.

The only thing we can tell y is if y tell them, yre married to a usa national and y try to move straight away there yre not following the rules and y will be refuse to enter the country

If y decide to travel there, i will advise y to travel with a return ticket, proof that y have money to survive there, a letter from yr parents in law to confirm y will be staying there when in the usa and they aare happy ab seeing y and their daughter and maybe be honest ab the fact that y do not intent to stay in the usa yet thaty might apply for a visa when y leave the country but y are just coming to the usa to see if y like the lifestyle...etc

Ps: do not speak ab looking for work....y have few wks to think ab the reasons so think well.

Good luck to y

Xxso