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Jason32

Question about POE...

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Ok, so I know what I am planning on doing is perfectly legal, but I want to know if the IO at POE will feel the same way. This is the plan...Read the entire thing before you judge...

My fiancee has a B2 visa and we want to get married in the US. There is no such thing as intent to marry. As I understand it people get turned away for intent to immigrate. That is NOT what we are planning on doing. She will come to the US on her B2 visa and we will get married. I will then file the I-130 petition and she will stay with me from February to July (assuming they give her the full 6 months on her I-94). In July we MUST go to Taiwan for some family obligations there and she will stay in Taiwan from July until she has the visa in hand and is able to immigrate to the US. We are doing things the legal way.

What I want to know is what to expect from POE. She will have a return ticket for July to Taiwan and she won't have any documents with her that will show she is trying to adjust status while she is in the US. Heck, I really don't even care if they stamp her passport or I-94 with "no AOS" because that isn't the way we are doing things. We will get married, and she will go back to Taiwan, just not right away (unless they screw us with only 30-45 days on the I-94). If they send her back right away, then I am only out a couple hundred bucks for hotel rooms, but if that is the case, I'll have to go to Taiwan, and we will get married there and I will still file the I-130 and she will just have to wait the entire time in Taiwan. (That would suck.)

I know she only needs to answer the questions asked and not give up any information she isn't asked, but if they ask the right questions she will have to tell the truth. What should we do? What should I tell her to say is the purpose of her visit? And how long is she staying?

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I cannot tell you what to do, but I will share with you my experience so you can draw conclusions.

I wanted to deal with it "the right way" as you do.

During my 9th trip to US on B2, we got married last September in the US.

We have not applied for adjustment of status right after as I was on my past 5th month of six permitted on I94 and I did not wanted to overstay.

Anyway I had to fly back to my country for business and stay there for 4 weeks, so I did.

A month after I am showing up with my B2 at POE in Detroit (Detroit POE for the first time), telling the truth as always.

I got my flight ticket back for Xmas Eve I intended to spend in my country.

Guess what? I have ended up being interrogated for hours.

They did not give a damn I showed them marriage license, pre-filled immigration papers, my properties/tax/business papers I run legally in the US and in my country.

My B1/B2 has been cancelled(!) and I got turned away not for the intent to immigrate, because we have not decided yet where to live in next few years, but for intention of sending out "Adjustment of status" papers somewhere in the future while staying on B2 visa (not overstaying I94).

I have been told that "the ONLY right way" in the cases you got married in the US (does not matter on what visa you came into) is to get back to your country of origin and apply for CR-1. So there we are.

In my opinion if the only right way by immigration law is keeping newlyweds separated for months up to a year in some cases (unless you filled for DCF) is completely f****d up. No wonder why people lie, overstay or turn tricks.

You can try the way you described, tell the truth at POE always(!) and your plan might succeed, just keep in mind it is like playing russian roulette, but heck in the worst case you guys will end up being separated for months what is nothing compared to entire life you will spend together :)

I hope you will consider all possibilities and make up your mind.

Good luck!

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Ok, so I know what I am planning on doing is perfectly legal, but I want to know if the IO at POE will feel the same way. This is the plan...Read the entire thing before you judge...

My fiancee has a B2 visa and we want to get married in the US. There is no such thing as intent to marry. As I understand it people get turned away for intent to immigrate. That is NOT what we are planning on doing. She will come to the US on her B2 visa and we will get married. I will then file the I-130 petition and she will stay with me from February to July (assuming they give her the full 6 months on her I-94). In July we MUST go to Taiwan for some family obligations there and she will stay in Taiwan from July until she has the visa in hand and is able to immigrate to the US. We are doing things the legal way.

What I want to know is what to expect from POE. She will have a return ticket for July to Taiwan and she won't have any documents with her that will show she is trying to adjust status while she is in the US. Heck, I really don't even care if they stamp her passport or I-94 with "no AOS" because that isn't the way we are doing things. We will get married, and she will go back to Taiwan, just not right away (unless they screw us with only 30-45 days on the I-94). If they send her back right away, then I am only out a couple hundred bucks for hotel rooms, but if that is the case, I'll have to go to Taiwan, and we will get married there and I will still file the I-130 and she will just have to wait the entire time in Taiwan. (That would suck.)

I know she only needs to answer the questions asked and not give up any information she isn't asked, but if they ask the right questions she will have to tell the truth. What should we do? What should I tell her to say is the purpose of her visit? And how long is she staying?

Generic truthful answers at the port of entry, then deal with whatever the outcome is. Once married, you will also have the option of adjusting status.


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I cannot tell you what to do, but I will share with you my experience so you can draw conclusions.

I wanted to deal with it "the right way" as you do.

During my 9th trip to US on B2, we got married last September in the US.

We have not applied for adjustment of status right after as I was on my past 5th month of six permitted on I94 and I did not wanted to overstay.

Anyway I had to fly back to my country for business and stay there for 4 weeks, so I did.

A month after I am showing up with my B2 at POE in Detroit (Detroit POE for the first time), telling the truth as always.

I got my flight ticket back for Xmas Eve I intended to spend in my country.

Guess what? I have ended up being interrogated for hours.

They did not give a damn I showed them marriage license, pre-filled immigration papers, my properties/tax/business papers I run legally in the US and in my country.

My B1/B2 has been cancelled(!) and I got turned away not for the intent to immigrate, because we have not decided yet where to live in next few years, but for intention of sending out "Adjustment of status" papers somewhere in the future while staying on B2 visa (not overstaying I94).

I have been told that "the ONLY right way" in the cases you got married in the US (does not matter on what visa you came into) is to get back to your country of origin and apply for CR-1. So there we are.

In my opinion if the only right way by immigration law is keeping newlyweds separated for months up to a year in some cases (unless you filled for DCF) is completely f****d up. No wonder why people lie, overstay or turn tricks.

You can try the way you described, tell the truth at POE always(!) and your plan might succeed, just keep in mind it is like playing russian roulette, but heck in the worst case you guys will end up being separated for months what is nothing compared to entire life you will spend together :)

I hope you will consider all possibilities and make up your mind.

Good luck!

Your tourist visa was cancelled because you dont apply for AOS during your stay in US after you got married there as well as you havent applied for CR1 visa when you back to your country and going to visit the spouse with your tourist visa? I apologize if I misunderstood.

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Your tourist visa was cancelled because you dont apply for AOS during your stay in US after you got married there as well as you havent applied for CR1 visa when you back to your country and going to visit the spouse with your tourist visa? I apologize if I misunderstood.

Yes, that is exactly what have happened.

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The issue I see is that she's going to stay with you from Feb to July, that's just too long and that may raise a red flag. What's the date of her return ticket? If they see that she's staying that long, you won't be able to make them believe that she has no intentions of immigrating. Even if you explain to them your plan, they may still not let her in. I understand you guys want to do things legally and not be separated from each other for a long time, but honestly, I'm not sure it will work. Sometimes it doesn't pay to tell the truth and I totally understand why people come on a tourist visa, get married and do AOS from here.

those are my thoughts....keep updating us on what you decide.


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If they know that she is staying that long (and they most likely will, because they will most likely ask, and you will of course tell the truth) then she will need to provide many strong ties to her country including but not limited to: a lease/ownership of property, bank accounts, and also show proof of ability to support herself during the stay (which is the stupidest one in my opinion) they always want to see my husband's money that he will support himself with like we aren't married and I don't have money to support us :rolleyes:

ANYWAYS. Like I said, need proof of return beyond just your return ticket.

I left out letter from employer since I'm assuming after that long she has no job to return to.

Whatever it is you NEED to return to taiwan for, perhaps that is proof in itself?

Edited by KDH

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She came in 2009 for 5 months out of an authorized 6, and all she said is that she was visiting a friend. She had to write down the name/address/phone number of the friend, and that was that. 6 month stay authorized. She didn't overstay, and she hasn't been to the US since. She has a job, sort of, but I am sure her employer will give her a letter stating that she is expected back. I understand that it is like playing Russian Roulette, but we are prepared to deal with whatever happens.

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