Crossing the border... Risky?

[adamkun 0]

My fiance was planning on coming to the US from Japan last August using a student visa but was rejected under section 214-B. This is the section that says the she couldn't prove that she wasn't intending to immigrate.

We are now trying for a fiance visa but it is looking like it's gonna take something like 8 months for the whole procedure and we don't want to be apart for that long (I'm back in the US now, she's still in Japan).

Our plan was that she could come over in the middle and visit me for up to 90 days on the visa waiver program. We were thinking she could fly into Canada and we could try to cross together. Usually, if you've been rejected a visa then you are no longer eligible to use the VWP, however, people who were rejected under section 214-B are still eligible.

This leads me to my two questions:

1. I was told that if you have been barred entrance to the US twice, then you are banned automatically from entering for the next five years. If she gets rejected at the border, does this count as two strikes? The first time was at a consulate in Osaka, Japan. Would her getting turned away just once at the border be risky if she has never been turned away at the border before? (This is important!! Her getting banned from the US for five years would be HORRIBLE!)

2. Would getting turned away at the border after already being turned down for a student visa hurt our chances of getting a fiance visa?

I want to see my fiance but I don't want to do anything that could jeopardize our long-term chances. I would especially love to hear from anyone who was rejected under 214-B and their experiences but anyone who wants to chime in would also be appreciated.

Thanks so much in advance!

Edited November 30, 2006 by adamkun

[Sankofa 0]

I've always lived by the rule, that if you have to ask if something is too risky... then it probably is. Sorry, I can't help you.

[Tim&Poonam 0]

Just go to Japan and visit her

[Alex+R 0]

I'm too tired to look up the rules for you, but her experience in the consulate in Osaka does not count as refused entry.

We were in the same situation (rejected J1, although his was work) and then filed for the K1.

So far so good, but he's not from a VWP-eligible country so I can't help you there.

Good luck

PS Nobody wants to be separated that long, but it's something most of us who file K1s just have to deal with. If you can go over there or she can come over that will be great. But it's going to suck if she gets turned away and has to go right back to Japan.

Someone will be along to tell you about the problems/risks involved in what you're planning..

[RosaMystica7 0]

You mentioned her flying to Canada and you crossing the border with her... can you fly up to Canada and you both visit together there for a week or two? I know it's almost nothing compared to 90 days, but it'd be better than nothing at all.

I know it's hard - my fiance and I haven't seen each other in 11 months. It's really been weighing us down. But after 11 months, a few more doesn't seem so long. We know we're almost there and then we'll never be seperated again.

[zyggy 9]

If she was sent back under 214B, then she can no longer enter the US under VWP..ever... she has to get an B visa from now on.

If she was sent back under 214B, good luck on convincing the Consulate that the situation has changed to get them to issue the visa...

Sorry, but you're going to have to probably go to Japan to see her or meet in a 3rd country.

Denial of a non-immigrant visa under 214B does not preculde you from getting a K visa.. That's what the K visa is for...

But here's a better way... You can go to Japan, marry her, and then file an I-130 at the Embassy in Tokyo so that she can get an immigrant visa in about 3 months or so... Look at the DCF Forum for more information.

Also, the five year ban people are talking about is if she was found to have made a material misrepresentation to a CBP Officer.... as long as she does not misrepresent herself, then there would be no ban due to inadmissibility....

Edited November 30, 2006 by zyggy

[Emo 0]

My fiance was planning on coming to the US from Japan last August using a student visa but was rejected under section 214-B. This is the section that says the she couldn't prove that she wasn't intending to immigrate.

We are now trying for a fiance visa but it is looking like it's gonna take something like 8 months for the whole procedure and we don't want to be apart for that long (I'm back in the US now, she's still in Japan).

Our plan was that she could come over in the middle and visit me for up to 90 days on the visa waiver program. We were thinking she could fly into Canada and we could try to cross together. Usually, if you've been rejected a visa then you are no longer eligible to use the VWP, however, people who were rejected under section 214-B are still eligible.

This leads me to my two questions:

1. I was told that if you have been barred entrance to the US twice, then you are banned automatically from entering for the next five years. If she gets rejected at the border, does this count as two strikes? The first time was at a consulate in Osaka, Japan. Would her getting turned away just once at the border be risky if she has never been turned away at the border before? (This is important!! Her getting banned from the US for five years would be HORRIBLE!)

2. Would getting turned away at the border after already being turned down for a student visa hurt our chances of getting a fiance visa?

I want to see my fiance but I don't want to do anything that could jeopardize our long-term chances. I would especially love to hear from anyone who was rejected under 214-B and their experiences but anyone who wants to chime in would also be appreciated.

Thanks so much in advance!

She needs new passport to enter US.

When she is here under VWP marry her after 60 days, not sooner and don't bother with K1

[Marilyn. 340]

My fiance was planning on coming to the US from Japan last August using a student visa but was rejected under section 214-B. This is the section that says the she couldn't prove that she wasn't intending to immigrate.

We are now trying for a fiance visa but it is looking like it's gonna take something like 8 months for the whole procedure and we don't want to be apart for that long (I'm back in the US now, she's still in Japan).

Our plan was that she could come over in the middle and visit me for up to 90 days on the visa waiver program. We were thinking she could fly into Canada and we could try to cross together. Usually, if you've been rejected a visa then you are no longer eligible to use the VWP, however, people who were rejected under section 214-B are still eligible.

This leads me to my two questions:

1. I was told that if you have been barred entrance to the US twice, then you are banned automatically from entering for the next five years. If she gets rejected at the border, does this count as two strikes? The first time was at a consulate in Osaka, Japan. Would her getting turned away just once at the border be risky if she has never been turned away at the border before? (This is important!! Her getting banned from the US for five years would be HORRIBLE!)

2. Would getting turned away at the border after already being turned down for a student visa hurt our chances of getting a fiance visa?

I want to see my fiance but I don't want to do anything that could jeopardize our long-term chances. I would especially love to hear from anyone who was rejected under 214-B and their experiences but anyone who wants to chime in would also be appreciated.

Thanks so much in advance!

She needs new passport to enter US.

When she is here under VWP marry her after 60 days, not sooner and don't bother with K1

woah buddy... that would be illegal... you can't come to the US without the appropriate visa with the intentions of getting married and then stay in the US just to clarify before someone jumps on my answer you can come to the US and get married and then go back to your home country or if you come to the US and then once here you decide to get married you can apply for adjustment of status... (sorry, if I didn't explain that quite right.. still half asleep here)

Edited November 30, 2006 by MarilynP

[zyggy 9]

My fiance was planning on coming to the US from Japan last August using a student visa but was rejected under section 214-B. This is the section that says the she couldn't prove that she wasn't intending to immigrate.

We are now trying for a fiance visa but it is looking like it's gonna take something like 8 months for the whole procedure and we don't want to be apart for that long (I'm back in the US now, she's still in Japan).

Our plan was that she could come over in the middle and visit me for up to 90 days on the visa waiver program. We were thinking she could fly into Canada and we could try to cross together. Usually, if you've been rejected a visa then you are no longer eligible to use the VWP, however, people who were rejected under section 214-B are still eligible.

This leads me to my two questions:

1. I was told that if you have been barred entrance to the US twice, then you are banned automatically from entering for the next five years. If she gets rejected at the border, does this count as two strikes? The first time was at a consulate in Osaka, Japan. Would her getting turned away just once at the border be risky if she has never been turned away at the border before? (This is important!! Her getting banned from the US for five years would be HORRIBLE!)

2. Would getting turned away at the border after already being turned down for a student visa hurt our chances of getting a fiance visa?

I want to see my fiance but I don't want to do anything that could jeopardize our long-term chances. I would especially love to hear from anyone who was rejected under 214-B and their experiences but anyone who wants to chime in would also be appreciated.

Thanks so much in advance!

She needs new passport to enter US.

When she is here under VWP marry her after 60 days, not sooner and don't bother with K1

That's just funny... you don't think that the governments do not link the old passport number with the new on on their database....

Funny...

Now that's a recipe for a five year ban...

[Sinergy 3]

NOBODY wants to be apart for a long period of time. i was without my husband for 17 months and it was horrible, but never once did i think of bringing him here illegally. this of it not just as a risk of being caught, but a risk of your fiance being banned from the USA all together. you can ask yourself 2 questions:

1. do i want this relationship and to have him here with me in the states

2. do i want to hurt my relationship bc we got caught smuggleing him into the states and now hes banned from coming here at all.

My fiance was planning on coming to the US from Japan last August using a student visa but was rejected under section 214-B. This is the section that says the she couldn't prove that she wasn't intending to immigrate.

We are now trying for a fiance visa but it is looking like it's gonna take something like 8 months for the whole procedure and we don't want to be apart for that long (I'm back in the US now, she's still in Japan).

Our plan was that she could come over in the middle and visit me for up to 90 days on the visa waiver program. We were thinking she could fly into Canada and we could try to cross together. Usually, if you've been rejected a visa then you are no longer eligible to use the VWP, however, people who were rejected under section 214-B are still eligible.

This leads me to my two questions:

1. I was told that if you have been barred entrance to the US twice, then you are banned automatically from entering for the next five years. If she gets rejected at the border, does this count as two strikes? The first time was at a consulate in Osaka, Japan. Would her getting turned away just once at the border be risky if she has never been turned away at the border before? (This is important!! Her getting banned from the US for five years would be HORRIBLE!)

2. Would getting turned away at the border after already being turned down for a student visa hurt our chances of getting a fiance visa?

I want to see my fiance but I don't want to do anything that could jeopardize our long-term chances. I would especially love to hear from anyone who was rejected under 214-B and their experiences but anyone who wants to chime in would also be appreciated.

Thanks so much in advance!

She needs new passport to enter US.

When she is here under VWP marry her after 60 days, not sooner and don't bother with K1

That's just funny... you don't think that the governments do not link the old passport number with the new on on their database....

Funny...

Now that's a recipe for a five year ban...

with some of the misguided information being thrown around lately, its a wonder people dont stop asking us and just research stuff themselves. im always happy to answer questions for ppl, i have to control my temper on some of these, but really, i cant believe some ppl tell ppl to just forget the visa and come over. since there was already a visa denial for the 214-B, the choices in my opnion are k-1 or go back to japan marry her and do the k-3. its a long process, but so well worth once they are here. and a sence of goodness they came LEGAL.

[lilofdevine 0]

Wow, this is a hot topic but all I can do is speak from the heart. Everyone on vj has a journey and that is to be with the one they love. We are all aware that there are opticals that we face during this journey. We need to come aboard with patients. My suggestion to you is play it safe, dont try to get around the system.

Get on board and trust me you will learn something on vj. Educate yourself here and before you know it, she's beside you reading and learning as well.

Good luck in your decision

[no name 1]

with some of the misguided information being thrown around lately, its a wonder people dont stop asking us and just research stuff themselves.

hence my siggie & that OT thread about inane replies!

[Sinergy 3]

with some of the misguided information being thrown around lately, its a wonder people dont stop asking us and just research stuff themselves.

hence my siggie & that OT thread about inane replies!

hahahah INDEED, and which thread???

[no name 1]

with some of the misguided information being thrown around lately, its a wonder people dont stop asking us and just research stuff themselves.

hence my siggie & that OT thread about inane replies!

hahahah INDEED, and which thread???

edit; I fell for it, you know!

Edited November 30, 2006 by devilette

[Saddle Bronc 124]

Howzabout she come to Canada and YOU visit her there?