Wife Denied Entry to the US

[Meatloaf n Taters 3]

Hello, I am new to these boards as you can tell. I am an American citizen looking for help on simply bringing my wife to US to visit (namely, meet my family!). Our story, and what I'm searching for, is as follows...

My wife, who was my girlfriend at the time, tried to visit me in the US from a VWP country in Europe. This was about 3 years ago now. She was denied entry and sent back to her home country on the next flight (a few minutes later), without being able to see me at all, as I waited in the airport wondering what was taking so long. She had 8CFR217.4(A)(1) hand written in her passport by one of the kind gentlemen at CBP. Since then, it has just been me flying to visit her for the allowed 90 days, then coming back, and repeating. We recently got married here, and I live here now, and basically I am looking for any information on what we need to do so that she can come with me to visit the US. Hopefully you all understand that it has been difficult for me to find any information out on my own about this. Not being sure exactly who to call, calls and e-mails not being returned...I'm not even sure this is the right place to ask, but I figured I'd try. We're up against the clock so to speak, either we visit in the next couple of months, or we have to wait until August at the earliest. So I am in desperate need of quick information as to what to do. Can we simply come to the US together, now that we are married? Thank you for any information that can be provided.

[Dave&Roza 748]

Hello, I am new to these boards as you can tell. I am an American citizen looking for help on simply bringing my wife to US to visit (namely, meet my family!). Our story, and what I'm searching for, is as follows...

My wife, who was my girlfriend at the time, tried to visit me in the US from a VWP country in Europe. This was about 3 years ago now. She was denied entry and sent back to her home country on the next flight (a few minutes later), without being able to see me at all, as I waited in the airport wondering what was taking so long. She had 8CFR217.4(A)(1) hand written in her passport by one of the kind gentlemen at CBP. Since then, it has just been me flying to visit her for the allowed 90 days, then coming back, and repeating. We recently got married here, and I live here now, and basically I am looking for any information on what we need to do so that she can come with me to visit the US. Hopefully you all understand that it has been difficult for me to find any information out on my own about this. Not being sure exactly who to call, calls and e-mails not being returned...I'm not even sure this is the right place to ask, but I figured I'd try. We're up against the clock so to speak, either we visit in the next couple of months, or we have to wait until August at the earliest. So I am in desperate need of quick information as to what to do. Can we simply come to the US together, now that we are married? Thank you for any information that can be provided.

For her to live in the US: Since you are married you need to file for a spousal visa. Since you are living in her country, you can see if you can do a direct consul file (DCF) for your wife to join you in the US when you decide to move back here. Otherwise will will have to file the I-130 spousal visa and have her wait for the process to be completed before she can join you in the US. A bit more information word be helpful for us to give you a complete picture of what you may or may not be able to do.

For her to visit the US, she should apply for a tourist visa and show strong ties to her home country. Having a husband living in her country should help. Using the VWP is not an option as she was denied before plus you do not want to get to the US and have her returned again. Better to get the tourist visa and know she can enter the US.

Dave

Edited December 13, 2012 by Dave&Roza

[Meatloaf n Taters 3]

Since you are married you need to file for a spousal visa. Since you are living in her country, you can see if you can do a direct consul file (DCF) for your wife to join you in the US when you decide to move back here. Otherwise will will have to file the I-130 spousal visa and have her wait for the process to be completed before she can join you in the US. A bit more information word be helpful for us to give you a complete picture of what you may or ma not be able to do.

Dave

We are not necessarily looking to move to the US. It's something I've mentioned once or twice, usually when there is something about the US that I miss and you can't get here, but otherwise I think we're both content on living here. We simply want to be able to visit. I'm not sure what other information you need...? Please let me know, and thanks so much for your help.

[JohnR! 5,495]

Hello, I am new to these boards as you can tell. I am an American citizen looking for help on simply bringing my wife to US to visit (namely, meet my family!). Our story, and what I'm searching for, is as follows...

My wife, who was my girlfriend at the time, tried to visit me in the US from a VWP country in Europe. This was about 3 years ago now. She was denied entry and sent back to her home country on the next flight (a few minutes later), without being able to see me at all, as I waited in the airport wondering what was taking so long. She had 8CFR217.4(A)(1) hand written in her passport by one of the kind gentlemen at CBP. Since then, it has just been me flying to visit her for the allowed 90 days, then coming back, and repeating. We recently got married here, and I live here now, and basically I am looking for any information on what we need to do so that she can come with me to visit the US. Hopefully you all understand that it has been difficult for me to find any information out on my own about this. Not being sure exactly who to call, calls and e-mails not being returned...I'm not even sure this is the right place to ask, but I figured I'd try. We're up against the clock so to speak, either we visit in the next couple of months, or we have to wait until August at the earliest. So I am in desperate need of quick information as to what to do. Can we simply come to the US together, now that we are married? Thank you for any information that can be provided.

If she was refused at the port of entry and sent back, she will have to obtain a VISA to come to the US and visit. She can do so at the US consulate in her home country. Despite her status as a passport holder of a VWP country, her refusal now precludes her from the privilege, hence her need to obtain a visa.

However, if you are planning to live in the US, you should petition a resident visa for her. You can find more information and links to the forms necessary to complete the process in the link below:

http://travel.state.gov/visa/immigrants/types/types_2991.html

However you should really only go that route if you are planning to establish residence in the US.

If neither case is viable - she can't get a US visa nor do you have plan to reside in the US - I might suggest you consider taking your family to meet her in another country, such as Canada for instance, where chances are she will not need a visa to enter.

I hope it all works out for you! Good luck!

[Sarah Elle-Même 660]

We are not necessarily looking to move to the US. It's something I've mentioned once or twice, usually when there is something about the US that I miss and you can't get here, but otherwise I think we're both content on living here. We simply want to be able to visit. I'm not sure what other information you need...? Please let me know, and thanks so much for your help.

Like - why was she denied entry on the VWP? Did she ask CBP why? But it doesn't matter. She must apply for a tourist visa to visit the US with you. She has to show her ties back home. She is not eligible for the VWP. Simple as that.

[The Mean Lady 604]

We are not necessarily looking to move to the US. It's something I've mentioned once or twice, usually when there is something about the US that I miss and you can't get here, but otherwise I think we're both content on living here. We simply want to be able to visit. I'm not sure what other information you need...? Please let me know, and thanks so much for your help.

Then you would not apply for a spousal visa.

She would need a tourist visa.

[Meatloaf n Taters 3]

Like - why was she denied entry on the VWP? Did she ask CBP why? But it doesn't matter. She must apply for a tourist visa to visit the US with you. She has to show her ties back home. She is not eligible for the VWP. Simple as that.

Aww that's so cute! Like CBP are a helpful bunch, eager to answer questions! She was literally escorted to the plane by guys with guns. She didn't know what was going on, how she could have been refused entry. When they were questioning her, they were yelling at her. She was tired from a long flight in the first place. She's this little blond haired, blue eyed girl, and we did everything correctly. Being denied entry was pretty incredible, and she's nervous to try going again, considering her first experience.

But she did ask them, and they didn't answer her. They wouldn't let her talk to me or anything.

So it doesn't matter why she was denied entry, you were just curious? Or does it actually have some kind of bearing on what we need to do?

[JohnR! 5,495]

So it doesn't matter why she was denied entry, you were just curious? Or does it actually have some kind of bearing on what we need to do?

It does matter and she should know. Something she said, or did must have been the reason for their behavior.

The CBP agent would have told her the reasons for refusal and perhaps she did not understand them or can no longer remember. In fact, they are not the friendly bunch but they do have manners follow rules for all.

Edited December 13, 2012 by Gegel

[Reyan 56]

This is what I found out about 8CFR217.4(A)(1), so maybe someone can clear up what it means and if it will prevent the OP's wife from visiting the US:

§ Sec. 217.4 Inadmissibility and deportability. (Section heading revised effective 4/1/97; 62 FR 10312 )

(a) Determinations of excludability and inadmissibility . (Redesignated as (a) effective 4/1/97, previously (b); 62 FR 10312 )

(1) An alien who applies for admission under the provisions of section 217 of the Act, who is determined by an immigration officer not to be eligible for admission under that section or to be inadmissible to the United States under one or more of the grounds of inadmissibility listed in section 212 of the Act (other than for lack of a visa), or who is in possession of and presents fraudulent or counterfeit travel documents, will be refused admission into the United States and removed. Such refusal and removal shall be made at the level of the port director or officer-in-charge, or an officer acting in that capacity, and shall be effected without referral of the alien to an immigration judge for further inquiry, examination, or hearing, except that an alien who presents himself or herself as an appli cant for admission under section 217 of the Act and applies for asylum in the United States must be issued a Form I-863, Notice of Referral to Immigration Judge, for a proceeding in accordance with 8 CFR 208.2©(1) and ©(2) . (Paragraph (a)(1) revised effective 11/28/09; 74 FR 55725 ) (Paragraph (a)(1) revised effective 4/1/97; 62 FR 10312 )

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-22152/0-0-0-22184.html#0-0-0-14775

[Ryan H 3,791]

Moved from IR-1/CR-1 Process & Procedures to Tourist Visas forum; topic is not a spousal visa process topic.

[Noah Lot 387]

Aww that's so cute! Like CBP are a helpful bunch, eager to answer questions! She was literally escorted to the plane by guys with guns. She didn't know what was going on, how she could have been refused entry. When they were questioning her, they were yelling at her. She was tired from a long flight in the first place. She's this little blond haired, blue eyed girl, and we did everything correctly. Being denied entry was pretty incredible, and she's nervous to try going again, considering her first experience.

But she did ask them, and they didn't answer her. They wouldn't let her talk to me or anything.

So it doesn't matter why she was denied entry, you were just curious? Or does it actually have some kind of bearing on what we need to do?

CBP does not deny admission to people 'just for the fun of it'....the arriving alien has to give them a reason (it doesn't take too much of one)..such as ....not telling the truth to the CBP officer, when they asked her.."what is the purpose of your trip?..' or..'who are you planning to visit?'..and the answers given were, ahem, something other than correct...they may have inspected her luggage and found love letters or things that told them her 'friend' was something more than a friend...or other clues that suggested she was not being forthright with them...and such actions usually result in a swift U-turn back to the plane and back home...it's is amazing how anyone retelling the story of a denied admission of their spouse/fiance or 'family friend' (all one and the same!) always cast the CBP folks as the bad guys, whereas the foreign significant other was always innocent of any wrongdoing and only told the complete truth....odd I don't quite buy that as often as this story has been told...when the denied BFs or GFs (or SOs) get back home and on the phone, of course they are going to re-tell the story to make it appear as though CBP plucked them from the line of arrivals, whisked them to a dark room, beat them with sticks, threw water in their faces, made them sign papers they could not understand and whose contents were totally false....yep...happens every day...sure....what has usually taken place is that the arriving GF/BF/SO has given incomplete, innaccurate answers initially, and then, if taken to secondary, there is other evidence in their luggage, purse or other belongings that tell the true tale...the one that the unhappy American BF/GF/ SO never hears...I've worked alongside CBP twice (one day each time) in an earlier career, while they were screening arriving aliens from other countries, and they have highly tuned senses when they are working the line, sniffing out those who have other plans with remarkable accuracy....I applaud them for doing a truly thankless job..but their decisions benefit of all American citizens living in this country, and keep our borders much safer....and not just from terrorists, but from those who are trying to circumvent our laws...

Edited December 13, 2012 by Noah Lot

[Alaska2012 462]

When she was denied, had she applied for her vwp properly online?

I read on the forum here not too long ago about a person who got sent back on the next flight back, it turned out that person didn't think you had to do anything when you came from a vwp country.

Anyway, apply for a tourist visa at the embassy, bring plenty of evidence that she has strong ties to her home country and you should be golden!

Good luck!

[Brit Abroad 166]

It could be as simple as them not believing she had sufficient funds to cover her stay (without resorting to being a public charge), to suspecting a criminal background or association or fraudulent paperwork.. If you check out 212 (as referred to in the 217 blurb) you will see a long list of criteria that make a VWP visitor ineligible for entry.

Truthfully, OP, you need to get to the bottom of why she was excluded as this will hamper your travel plans in future. I would call the local US Embassy and schedule an appointment for both of you to discuss the actual reason behind her turnaround. You can speculate all you like, but there will be a record of the reason CBP refused her entry and you need to know that in order to challenge it, or correct the record if the information they have is incorrect.

Edited December 13, 2012 by Brit Abroad

[Sarah Elle-Même 660]

Aww that's so cute! Like CBP are a helpful bunch, eager to answer questions! She was literally escorted to the plane by guys with guns. She didn't know what was going on, how she could have been refused entry. When they were questioning her, they were yelling at her. She was tired from a long flight in the first place. She's this little blond haired, blue eyed girl, and we did everything correctly. Being denied entry was pretty incredible, and she's nervous to try going again, considering her first experience.

But she did ask them, and they didn't answer her. They wouldn't let her talk to me or anything.

So it doesn't matter why she was denied entry, you were just curious? Or does it actually have some kind of bearing on what we need to do?

Yeah I am just a Nosy Nancy. You turned to a community help forum which means we need to know things about your case in order to advise you. The reason for a denial of entry & deportation has a lot of bearing on how to proceed. If she did the VWP paperwork properly then indeed something must have tipped off CBP when they were questioning her that she shouldn't be allowed in. And for sure they told her why. I know how they operate. I know a guy who even got the reason for his refusal in writing. She was probably just too distraught to pay attention or remember. It happens. You weren't there so you'll never really know what went on. Have her apply for a tourist visa and make sure she follows all the requirements. Your residency in her country will probably help a lot. She will have to disclose her previous denial on the forms obviously. I think your questions have been adequately answered by several people.

Edited December 13, 2012 by Sarah and Adnan

[himher 634]

Being married generally makes it even harder for your wife to visit the US. She is now considered to have "strong ties" to the US

Why your wife was denied entry is critical information. Do you know why or not? Let's play multiple choice. Here are the list of requirements and possible reasons

http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-4391.html#0-0-0-216

It can be as simple as not having a round trip ticket or as serious as being involved in a terrorist group LOL

The first is no big deal. The second means it won't happen. Nobody can advise you without details.

Hello, I am new to these boards as you can tell. I am an American citizen looking for help on simply bringing my wife to US to visit (namely, meet my family!). Our story, and what I'm searching for, is as follows...

My wife, who was my girlfriend at the time, tried to visit me in the US from a VWP country in Europe. This was about 3 years ago now. She was denied entry and sent back to her home country on the next flight (a few minutes later), without being able to see me at all, as I waited in the airport wondering what was taking so long. She had 8CFR217.4(A)(1) hand written in her passport by one of the kind gentlemen at CBP. Since then, it has just been me flying to visit her for the allowed 90 days, then coming back, and repeating. We recently got married here, and I live here now, and basically I am looking for any information on what we need to do so that she can come with me to visit the US. Hopefully you all understand that it has been difficult for me to find any information out on my own about this. Not being sure exactly who to call, calls and e-mails not being returned...I'm not even sure this is the right place to ask, but I figured I'd try. We're up against the clock so to speak, either we visit in the next couple of months, or we have to wait until August at the earliest. So I am in desperate need of quick information as to what to do. Can we simply come to the US together, now that we are married? Thank you for any information that can be provided.