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snoopycr

My gf was told to stay out of USA for 6 mo. when she exits USA

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My GF arrived on Jun 10

She was flagged and move to another room where they discussed her exit/entries into the USA. They were concerned she spent more than 6 months in the USA in a calendar year. Even though she left/returned a few months at a time.

She was told that they could have sent her back, but allowed her to stay 2 weeks.

The person said she should get married and fix her situation. Or leave on Jun 26th, but has to stay out for at least 6 months.

Does this mean she was banned? Will they allow her back into the US after 6 months?

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My GF arrived on Jun 10

She was flagged and move to another room where they discussed her exit/entries into the USA. They were concerned she spent more than 6 months in the USA in a calendar year. Even though she left/returned a few months at a time.

She was told that they could have sent her back, but allowed her to stay 2 weeks.

The person said she should get married and fix her situation. Or leave on Jun 26th, but has to stay out for at least 6 months.

Does this mean she was banned? Will they allow her back into the US after 6 months?

I highly doubt that CBP would reccomend her to marry to fix her problem, that would be encouraging immigration fraud.

Not banned, but not likely allowed back in for quite sometime. She's been flagged. I would expect her to be sent to secondary until she has an immigrant visa.

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She's not banned, but likely she's been flagged for further attention every time she enters the US from this point onwards.

If she stays out for at least six months after she leaves this time, it's probably a 50-50 toss-up whether they would admit her again at that point.


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What country is she from?

Unlikely they told her to get married and fix her situation while on this trip. More likely they told her to get an immigrant visa. I suggest she leaves when instructed and work on her ties to her home country. If she is traveling this much I assume she has little ties

good luck


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I think it is quite possible they said that.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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She's from costa rica and has a 10yr visa with the US. And she explained to the why she was visiting the US so often. She told her she's been my gf for over 7 yrs. and he outlined exactly what her options where.

He said that they could send her back, but gave her 1 week. Went to talk to a supervisor, and they allowed her to stay for 2 weeks, and stamped that on her passport.

Get married to fix her situation so she doesn't have to leave

leave on jun 26, but she has to stay out for 6 months. They didn't like it that she spends more than 6 months in USA than in her home country. Even though they were non continuous visits. meaning she exited the USA every few months.

he said as long as she stays out for 6 months, she will not have a problem coming back in.

So will it depend on who is gate agent, if they allow her to stay on her next visit?

Edited by snoopycr

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Nobody can say for certain.

Chances are that she has been flagged so she is likely to end up in secondary on future visits.

Just make sure she has evidence to show her ties to CR, job whatever to be shown only if asked,.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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My husband had something similar happen. We were in the US & he left to go to our friends wedding in Colombia & they gave him a hard time when he returned (he has a tourist visa & is from Argentina). He explained that me (his American wife) was waiting for him with our 3 children and the youngest being twins that were born early (31 weeks, 6 days) & he had notes from the doctors stating why they could not travel, etc. They did not want to look at any of his documents or anything and he said he could see in the reflection of the computer it looked like they were looking up FB. Not sure if looking for his profile or on their personal pages, but he could see it on the reflections of their glasses. They finally let him through but were like you need to switch to a different visa. That was probably three years ago. When we were in Paraguay at the U.S. Embassy renewing my U.S. passport, I asked & the lady said she could not see anything on his case except he has visited the US before. Maybe try & find out from an embassy, but I have read they can deny or accept anyone at the border.

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If I marry my gf today while she's in the US with her tourist visa, can she come back to the US using her tourist visa after 6 months?

Will the gate agent know that we are married when she comes to the US?

What if I filed an AoS sometime in the future while she's visiting with a tourist visa. Will that be a problem?

what is better:

Marry my gf today, and filing an AoS since she's here.

Marry my gf today, she leaves for the US for 6 months. When she visits me again, convince her to stay and file an AoS?

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This sounds so complicated.

I think I would send her home after the two week stay, and when she returns have a fiance visa in her passport. (I-129) or (CR-1)

I think this would be totally legal then, with very few questions.

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This sounds so complicated.

I think I would send her home after the two week stay, and when she returns have a fiance visa in her passport. (I-129) or (CR-1)

I think this would be totally legal then, with very few questions.

It was a very easy process for her to get her 10yr tourist visa in Costa Rica.

Will she lose her 10yrs tourist visa if the I-129F is declined?

Will she have problems visiting the US if the I-129F is declined?

Edited by snoopycr

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It was a very easy process for her to get her 10yr tourist visa in Costa Rica.

Will she lose her 10yrs tourist visa if the I-129F is declined?

Will she have problems visiting the US if the I-129F is declined?

Option 1: marry and aos while she is here in the U.S. With you

Option 2: she goes home and comes back with fiancé visa, get married and go thru process

Option 3: marry here in USA, she goes back home and go thru CR1 process

Option 4: she goes back home and stays away for ATLEAST 6 months and comes back with her visitors visa

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If I marry my gf today while she's in the US with her tourist visa, can she come back to the US using her tourist visa after 6 months?

Will the gate agent know that we are married when she comes to the US?

What if I filed an AoS sometime in the future while she's visiting with a tourist visa. Will that be a problem?

what is better:

Marry my gf today, and filing an AoS since she's here.

Marry my gf today, she leaves for the US for 6 months. When she visits me again, convince her to stay and file an AoS?

Maybe it's just me, but sounds like you guys want to marry just to avoid visa\poe issues.


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Immigration matters can be a factor that people consider when they contemplate marriage, they just can't be the *only* factor.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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