Visiting (again) after 5 months spent outside of the U.S

[gotham10011 1]

You are not "deported"

You are simply denied entry.

So he will be just chilling at the airport waiting for his flight back? Cause I've heard about CBP jails..

Our lawyer advised he should travel through Dublin since DHS has immigration pre-clearance (like Canadians' airports) but I feel they will be more likely to deny his entry there since he will be outside the U.S, they will just denied him boarding. It's "easy"!

I don't know, I'm being a little crazy..

My thoughts for the 17th anyway

[The Mean Lady 604]

So he will be just chilling at the airport waiting for his flight back? Cause I've heard about CBP jails..

Our lawyer advised he should travel through Dublin since DHS has immigration pre-clearance (like Canadians' airports) but I feel they will be more likely to deny his entry there since he will be outside the U.S, they will just denied him boarding. It's "easy"!

I don't know, I'm being a little crazy..

My thoughts for the 17th anyway

Probably a good idea to pre-clear, but I'm not familiar with all of that.

I've never been denied on a flight so I don't know where they are "held" but they are just sent back home on the next flight.

[CaroSL 68]

I am curious, what is that pre-clear thing? What do they ask?

I know that in France, they ask questions when you have a visa, but not when you go on VWP. They don't even ask if you have ESTA. Other country do.

[jkb11 26]

That's a very good point. But he wasn't working in the US, so even if he has to fill, he shouldn't pay any taxes right?

That depends. He would be treated as a tax resident in the U.S. That means he could get foreign tax credit on his wages, and probably avoid paying taxes as France has higher tax rates than the U.S. However, if he was, for instance, self-employed, he would need to pay FICA taxes in the U.S. Bottom line is, if he met the substantial presence test, the IRS needs to hear from him one way or another, unless his total income for given calendar year was below the filing threshold. This is important if he wants to have a future in this country as an immigrant.

Getting a standard deny for entry has no impact whatsoever on the visa process.

My husband has been denied entry probably 5 or 6 times.

You are not "deported"

You are simply denied entry.

This is not true. When you land and are denied entry, you usually get something that's called "expedited removal", which is a standard procedure and includes visa revocation and 5-year re-entry bar, waivable with I-212. You are then being given a sworn statement form I-867A/B and then get on the first plane back to your country of origin. This would greatly impair your visa process, as you would need to submit a waiver application. Sometimes, at their discretion, CBP officers can grant withdrawal of application for admission. Then your visa is still revoked, but it doesn't involve the 5-year bar and you would still be eligible for a fiance/spousal visa immediately. You are usually given form I-877 then.

This is always something you need to consider when arriving at the U.S. Port of Entry. Calculate your risk.

As KDH's now spouse is Canadian, the CBP can simply turn them around from the land border without starting the whole expedited removal procedure.

[CaroSL 68]

That will be très parfait!

Let's not be that optimistic though !

I am double crossing my fingers for you guys.

The K-1 visa route is long but it has very precise requirement that you seem to meet and you should not have too much trouble to prove it. At least, this is a good start.

You should keep us posted on how it goes. The day his visa is approved, I will have a drink to your health (boire à votre santé )

[amberlynnloves 125]

DoMA also has a play in immigration? I always thought that immigration was cut and dry and didn't support usages for same sex couples?

Thats completely awesome if they changed it. I just hadn't heard that.

[Ivy. 113]

DoMA also has a play in immigration? I always thought that immigration was cut and dry and didn't support usages for same sex couples?

Thats completely awesome if they changed it. I just hadn't heard that.

Yup, Supreme Court decided to strike down DOMA last week so now same sex marriages get the same federal benefits as different sex marriages, immigration included. Now they can petition for their fiancees/spouses as well.

[jkb11 26]

DoMA also has a play in immigration? I always thought that immigration was cut and dry and didn't support usages for same sex couples?

Thats completely awesome if they changed it. I just hadn't heard that.

Section 3 of DOMA was basically adding the "of the opposite sex" suffix to each occurrence of words "marriage", "spouse", etc. in the federal law. Once that part of DOMA has been abolished, the replacement no longer takes place. Immigration policy is a federal matter and therefore is affected.

[gotham10011 1]

I am double crossing my fingers for you guys.

The K-1 visa route is long but it has very precise requirement that you seem to meet and you should not have too much trouble to prove it. At least, this is a good start.

You should keep us posted on how it goes. The day his visa is approved, I will have a drink to your health (boire à votre santé )

Merci Caro!

I will start posting updates as soon as I will receive NOA1. I'm sending it Friday.

I'm excited about this! I hope I'm gonna see him next month!

I will drink un bon verre de Bordeaux if we can be together in August and if it's good I'll buy a carton if the visa is approved.

[CaroSL 68]

Merci Caro!

I will start posting updates as soon as I will receive NOA1. I'm sending it Friday.

I'm excited about this! I hope I'm gonna see him next month!

I will drink un bon verre de Bordeaux if we can be together in August and if it's good I'll buy a carton if the visa is approved.

That sounds like a fantastic idea. I love bordeaux! This is my favorite wine

It wil take some time before anything happens on your case though. It takes a few days to a month to get NOA1, then I am sure you've seen how long the wait can be and how much it can vary till NOA2. Just be prepared for the wait, it doesn't mean anything is wrong with your case at all.

Do you actually speak french? People rarely get that my short name is "Caro" it sounds pretty strange in english I guess...

Best of luck for august! I cross my fingers for this too!

[didopage 337]

So he will be just chilling at the airport waiting for his flight back? Cause I've heard about CBP jails..

Our lawyer advised he should travel through Dublin since DHS has immigration pre-clearance (like Canadians' airports) but I feel they will be more likely to deny his entry there since he will be outside the U.S, they will just denied him boarding. It's "easy"!

I don't know, I'm being a little crazy..

My thoughts for the 17th anyway

Is it "pre-clearance" or clearance in Dublin? Because in Canadian airports like Toronto, it's like any US airports. Once you passed the CBP, you're admitted to the US and you don't go through it again after your second flight.

[gotham10011 1]

That sounds like a fantastic idea. I love bordeaux! This is my favorite wine

It wil take some time before anything happens on your case though. It takes a few days to a month to get NOA1, then I am sure you've seen how long the wait can be and how much it can vary till NOA2. Just be prepared for the wait, it doesn't mean anything is wrong with your case at all.

Do you actually speak french? People rarely get that my short name is "Caro" it sounds pretty strange in english I guess...

Best of luck for august! I cross my fingers for this too!

Mon français n'est pas parfait mais je comprends un peu!

My fiancé is reading this tread too (of course!), he helped me understanding your nickname!

You said it will take some time cause we just started, right?

I hope NOA1 won't be a month though, in a weird way I'm mostly waiting for the first notice since I am fully aware NOA2 will take awhile.

[gotham10011 1]

Is it "pre-clearance" or clearance in Dublin? Because in Canadian airports like Toronto, it's like any US airports. Once you passed the CBP, you're admitted to the US and you don't go through it again after your second flight.

Yes, it is exactly like flying from Canada!

http://www.dublinairport.com/gns/at-the-airport/US-Preclearance.aspx

[CaroSL 68]

You said it will take some time cause we just started, right?

I hope NOA1 won't be a month though, in a weird way I'm mostly waiting for the first notice since I am fully aware NOA2 will take awhile.

Yes. I think it is important to know from the beginning that it is gonna be long and frustrating. Had I known, I would have stressed less (maybe not... but well)

NOA1 is usually not a month. We got ours in a week or something. Just don't stress out if you wait a month. For my GC I had to wait nearly a month for NOA1 and I was stressed because I really didn't think it could take that long.

[The Mean Lady 604]

Mon français n'est pas parfait mais je comprends un peu!

My fiancé is reading this tread too (of course!), he helped me understanding your nickname!

You said it will take some time cause we just started, right?

I hope NOA1 won't be a month though, in a weird way I'm mostly waiting for the first notice since I am fully aware NOA2 will take awhile.

Make sure you submit the electronic notification form and you'll have a text/email w/in 48 hours, typically after receipt.

As long as it goes through.

It doesn't ALWAYS, so don't freak if you never get it lol

But you DEFINITELY won't if you don't file it.

Then you'd just have to wait for the paper version