Travel to US after marriage

[rika60607 215]

Hi,

I got married in the US and went to France for work without filing any immigration paperwork prior to my departure. I still have a valid B1/B2 visa in my passport, which was obtained prior to marriage. Can I use this to go see my newly husband in the US (and promptly go back to France, of course) or that will get me into a lot of trouble???!!!

I tried to find out from USCIS and embassy in Paris, their answers were not useful at all; neither said yes or no... an aide at office of international affairs said yes, but only until the day I file for I-130. Don't know if I believe that...

Anyone knows?

Great many thanks!

Rika

[Boiler 43,428]

The issue is whether you can shown non-immigrant intent, you may well not be asked, but just in case take whatever evidence you have of your need to leave and return to France, letter from Employer, property details whatever you have.

[Yodrak 7]

Rika,

Marriage to a USC does not invalidate a B visa. You can safely use the visa without adverse consequence.

As Boiler points out the real question is whether or not CBP will grant you entry.

Yodrak

Hi,

I got married in the US and went to France for work without filing any immigration paperwork prior to my departure. I still have a valid B1/B2 visa in my passport, which was obtained prior to marriage. Can I use this to go see my newly husband in the US (and promptly go back to France, of course) or that will get me into a lot of trouble???!!!

I tried to find out from USCIS and embassy in Paris, their answers were not useful at all; neither said yes or no... an aide at office of international affairs said yes, but only until the day I file for I-130. Don't know if I believe that...

Anyone knows?

Great many thanks!

Rika

[rika60607 215]

Thank you!

We filed the I-130 paperwork just now. So would you think I am still okay to travel?

I am concerned that I may not be able to give enough proof that I am going to return to France. I own a 19 year old car, rent an apartment and have 1000 euros in my savings account. I have a work contract and a career that I would not give up, but who would consider an academic scientist (notoriously low paid) as having a career, except for another scientist No family ties, no property...

So, I guess the only thing I can use to my defense is that I left US after marriage and did not attempt to immigrate in a questionable way?

Thanks again,

Rika

[Yodrak 7]

Rika,

Correction - you have a work contract that you would give up. You wouldn't have an I-130 submitted for you if you weren't planning to leave your present job and move to the USA.

Yodrak

...... I have a work contract and a career that I would not give up, ....

Rika

[brightsunshine 0]

Maybe she would give up her work contract, but not her career? That's how I read it...

Rika,

Correction - you have a work contract that you would give up. You wouldn't have an I-130 submitted for you if you weren't planning to leave your present job and move to the USA.

Yodrak

...... I have a work contract and a career that I would not give up, ....

Rika

That aside, another member (MPGGPM) has shared that his wife have had no trouble traveling to the US multiple times on B2 and F-1 (for her PhD) visas after they filed I-130. The CBP can still deny you entry of course. I don't know if you can then withdraw your application for admission at the port of entry, and suffer no ill consequence other than trip expenses. Does anyone know?

Just a thought - are you scheduled to give any talks at conferences outside of the US some time soon after your trip to the US? Maybe evidence of that would help?

[Yodrak 7]

brightsunshine,

A work contract might or might not be convincing as evidence of non-immigrant intent, a career is definitely not convincing - one can continue to pursue most any career after entering the USA.

Yodrak

Maybe she would give up her work contract, but not her career? That's how I read it...

Rika,

Correction - you have a work contract that you would give up. You wouldn't have an I-130 submitted for you if you weren't planning to leave your present job and move to the USA.

Yodrak

...... I have a work contract and a career that I would not give up, ....

Rika

.....

[rika60607 215]

Rika,

Correction - you have a work contract that you would give up. You wouldn't have an I-130 submitted for you if you weren't planning to leave your present job and move to the USA.

Yodrak

Yodrak,

Hey, I feel I must explain - I have a 20 month work contract in France that I WILL NOT give up. But when it expires... It is not a renewable contract, and I would move to the US. I lived in the US for 7 years, so I know what I am going for. I have two prospective postdoc positions in the US for after I am done here, BUT if I give up my contract here, I may as well lose this job opportunities, because 1) I would not have a good recommendation letter from my current boss 2) who would want to work with me and train me if I quit jobs and leave my employers scrambling to find a replacement (which is hard due to French system, believe it or not).

Would it not be correct to say that if I immigrated illegally (say by entering on B-1 and staying), I WOULD NOT be eligible to be hired by a government institution, such as state university? Sure I could be a waitress somewhere, which however equals giving up my career Sure, I would eventually get legal status through paying to lawyers and waiting for months, if not years - but guess what, the money I don't have and the time without proper academic position means serious jeopardy to my career...

Or is my view of the reality too gloomy and negative??!!!

Rika

Thanks, brightsunshine - those points are definitely worth considering!...

[Boiler 43,428]

Take the work contract with you.

How you entered assuming legally would not restrict your job opportunities.

[rika60607 215]

How you entered assuming legally would not restrict your job opportunities.

Really? What would I do?

I mean, I have been to job interviews in the US (I am talking only about Universities here), and every time there was a question - what is your status in the US, what kind of visa do you have right now, what kind of visa will you need if we take you?

To get an H-1 visa (J-1 is not acceptable for me), I would still have to leave the US, right?

What about my SSN? I have one, but it can not be used without work authorization, and how do I get it, if I entered on B-1/B-2?

May be file for adjustment of status... and have application rejected because I tricked the system and immigrated after entering on a non-immigrant visa?

This whole situation looks to me like a minefield for getting in trouble and a few months of unemployment even in the best case scenario.

I already got screwed once, when I paid for Optional Practical Training (continuation of F-1 for one year), then I left the US and my employer backed out from the job offer. When I found other prospects in the US, they wanted to interview me before offering a position. Guess what, US embassy gives me B-1 visa instead of F-1 (understandably, since I don't have a job offer letter in my hand), but they forget to tell me that entering US on B-1 cancels my OPT status, and I no longer can accept the job! Well, I can, but I have to go back and re-apply for another kind of visa, either J-1 unacceptable in my case, or H-1, which is harder to get sponsored for.

I know, it is travel that made my life complicated - have I stayed in the US, married and applied for AOS and advance parole, all these problems would not exist... but then I would not be living in Southern France which I must say is NICE.

Rika

[Boiler 43,428]

How you entered assuming legally would not restrict your job opportunities.

Really? What would I do?

I mean, I have been to job interviews in the US (I am talking only about Universities here), and every time there was a question - what is your status in the US, what kind of visa do you have right now, what kind of visa will you need if we take you?

To get an H-1 visa (J-1 is not acceptable for me), I would still have to leave the US, right?

What about my SSN? I have one, but it can not be used without work authorization, and how do I get it, if I entered on B-1/B-2?

May be file for adjustment of status... and have application rejected because I tricked the system and immigrated after entering on a non-immigrant visa?

This whole situation looks to me like a minefield for getting in trouble and a few months of unemployment even in the best case scenario.

I already got screwed once, when I paid for Optional Practical Training (continuation of F-1 for one year), then I left the US and my employer backed out from the job offer. When I found other prospects in the US, they wanted to interview me before offering a position. Guess what, US embassy gives me B-1 visa instead of F-1 (understandably, since I don't have a job offer letter in my hand), but they forget to tell me that entering US on B-1 cancels my OPT status, and I no longer can accept the job! Well, I can, but I have to go back and re-apply for another kind of visa, either J-1 unacceptable in my case, or H-1, which is harder to get sponsored for.

I know, it is travel that made my life complicated - have I stayed in the US, married and applied for AOS and advance parole, all these problems would not exist... but then I would not be living in Southern France which I must say is NICE.

Rika

You are married to a USC.

If you enter the US legally without immigrant intent, you can subsequently apply to adjust your status which gets you the ability to apply for work authorisation.

The jobs you mention also require work authorisation.

I am sure there are people working in the US without work authorisation in most categories of employment.

I am also sure that the POE know that many people enter on a visitors visa and then change their mind and stay and adjust, hence the interest if you have a Spouse or a Fiancee.

Edited March 12, 2007 by Boiler

[brightsunshine 0]

Thanks, Rika, for the clarification.

Hey, I feel I must explain - I have a 20 month work contract in France that I WILL NOT give up. But when it expires... It is not a renewable contract, and I would move to the US. I lived in the US for 7 years, so I know what I am going for. I have two prospective postdoc positions in the US for after I am done here, BUT if I give up my contract here, I may as well lose this job opportunities, because 1) I would not have a good recommendation letter from my current boss 2) who would want to work with me and train me if I quit jobs and leave my employers scrambling to find a replacement (which is hard due to French system, believe it or not).

How about a statement from your research advisor and/or department chair saying that you are expected back on this contract which lasts until ___? It might help to have it on official stationary, with seal/stamp if available.

Would it not be correct to say that if I immigrated illegally (say by entering on B-1 and staying), I WOULD NOT be eligible to be hired by a government institution, such as state university? Sure I could be a waitress somewhere, which however equals giving up my career Sure, I would eventually get legal status through paying to lawyers and waiting for months, if not years - but guess what, the money I don't have and the time without proper academic position means serious jeopardy to my career...

I am not sure it would be productive to make this argument, rather than simply affirm that your position in France is important. The contract, statements from your professor/director, schedule of professional commitments (conferences etc), as well as lease and such, might be more convincing evidence that you intend to return than hypotheticals.

However, since the CBP has absolute power over granting you entry, regardless of the evidence you submit*, it might be worth checking what the consequences are if you are denied before deciding what you're going to do.

* This might explain why the embassy staff only gave non-committal answers -- they cannot predict whether the particular CBP you face would have had their coffee yet!