Possible visa refusal?

[bs0d]

Hi everyone,

I am turning to your expertise in the hope to find answers because I am panicked right now!
I will to organize the information so it is as clear as possible to everyone who reads.

Background:
First off, my wife and I are legitimately married. My wife and I met a little over 2 years ago in France, and we have been together since then, and (yay for the happy couple!) we got married in the U.S. last month.
We genuinely love each other and want to be together, and this is in no way a marriage of convenience (I know even that sometimes doesn't keep people from being refused for a visa).
I am French and she is a U.S. citizen. We live in Canada right now (we are both on a working holiday visa) and we have the intention of moving to the US at the end of the month. We would just establish our new life there as a couple.

Possible Problem:
Now, a friend told me that, when I go through immigration at the end of the month to stay with my in-laws (while we look for a place of our own), they are going to ask me the reason for my visit, obviously. And if I say that i am going to try to stay and work, they could deny me entry on US soil.

On the other hand, if I say that I am only visiting my in-laws, and then apply for the visa, and later on they find out that I "lied" at customs when I arrived, they can also refuse to give me a visa on the grounds that I may have "lied" to a customs officer!

Question:
Do you know if that is true? And if so, what can I possibly do about it? I feel like I'm in quite a pickle right now and I don't know anyone who could answer me. I tried a US consulate here in canada, but no one ever picks up the phone and it is quite difficult to get an appointment with an immigration officer.

Needless to say, I did a lot of research online about this and have found no evidence to support what my friend told me. It does seem very likely though, so I am literally freaking out!

Thanks in advance for any help you can give me.
bs0d

 

[Jackolantern]

It is true. You are not supposed to enter the US as a tourist with the intent to stay and immigrate. If they know you're planning to do that, they'll refuse entry.

Also, I presume you're planning on using the visa waiver to enter the US. But in recent years they've been treating visa waiver users harshly if they try to stay and immigrate. So you can expect problems with the immigration process even if you manage to enter the US without lying.

The right way to handle it in your situation would be to have your wife initiate the process by filing form I-130 with USCIS, and select a US consulate in France for question 22 (or in another country where you live legally), and then 6-12 months later you'll complete the process via the consulate. The I-130 can be filed while you're still in the US; your stay in the US won't be a problem if you leave the US without overstaying. Too bad your wife didn't already file it several months ago. By now you'd be gearing up for an interview at a US consulate in Canada.

If/when you do enter the US as a visitor, avoid being seen together with your wife at the border. Traveling with a US citizen who appears to be your spouse is likely to raise questions that could result in you getting refused entry.

 

[bs0d]

Thanks for the quick reply Jackolantern,

That is terrible news. That is pretty much what I was afraid of.
So basically, I can go to the US at the end of the month, but I have to have a return ticket and not file for a visa right away, correct?

And this also means that I will have to be separated from my wife for months while paperwork is being processed, doesn't it?

I don't know what to do right now... maybe I'd be better off if I just headed back to france instead?

_________________________________

EDIT | I'm just thinking about something right now... would it be OK if I went to the US this month as planned, started the paperwork basics with my in-laws, stayed a couple of months and then headed back to France while the paperwork is being processed?
Or would they think that is another form of traveling with the intent to stay?

The way I look at it is that I would be available to fill out all the forms and stuff on the spot, and then I'd be going back home while they do their job.

 

[Triple Citizen]

This plan will work, provided you do not misrepresent yourself at the POE and you are actually allowed to enter.
Just for the record, separation is over rated.

I'm just thinking about something right now... would it be OK if I went to the US this month as planned, started the paperwork basics with my in-laws, stayed a couple of months and then headed back to France while the paperwork is being processed?
Or would they think that is another form of traveling with the intent to stay?

The way I look at it is that I would be available to fill out all the forms and stuff on the spot, and then I'd be going back home while they do their job.

 

[bs0d]

Thank you for your answers guys.

I am not going to misrepresent myself at the POE, I will tell the truth: I am visiting my in-laws for a couple months before going back home.

If that is not frowned upon legally speaking, then I'll do that. And by the time I show up at the border, I will have a return ticket to France so they know I'm not there to stay.

 

[Jackolantern]

I am not going to misrepresent myself at the POE, I will tell the truth: I am visiting my in-laws for a couple months before going back home.

Just say you're going to visit "family", don't specifically say "in-laws" unless they specifically ask what kind of family.

I'm just thinking about something right now... would it be OK if I went to the US this month as planned, started the paperwork basics with my in-laws, stayed a couple of months and then headed back to France while the paperwork is being processed?

Yes, that plan should work. But still try to go through immigration separately from your wife, as the officers seeing the two of you together could lead to an unpleasant round of questioning that ends in you being refused entry. If you are hassled, let them know that you are aware you're not supposed to stay and immigrate with the visa waiver, and you already have a ticket back to France.

When your wife submits the paperwork, it should not include I-485, as that form is for people who are staying in the US to complete the green card process.

 

[bs0d]

Just say you're going to visit "family", don't specifically say "in-laws" unless they specifically ask what kind of family.



Yes, that plan should work. But still try to go through immigration separately from your wife, as the officers seeing the two of you together could lead to an unpleasant round of questioning that ends in you being refused entry.

Thanks for the advice Jackolantern!

I will definitely practise my answers before getting there and remain as "vague" as possible. My wife and I shouldn't be seen together anyway, since I will go through the tourist customs and she will be in the other section for residents (that is what happens most of the time, they separate residents and tourists).

My friend who raised this issue in the first place gave me the kind of questioning I might be facing, I will definitely write down the questions I have to be prepared for. After all, I will not be lying, I will be going back home a while later!

 

[bs0d]

Do you guys know how long the process takes?

And if so, which is faster: doing it from france, or while in the US?

Thanks

 

[Jackolantern]

Do you guys know how long the process takes?

You should get a consular interview about 6-12 months after your wife files the I-130. When your interview approaches you'll have to file some more paperwork, give fingerprints, and take a medical exam.

After the interview, your passport should be returned in a few days with the immigrant visa stamped in it, and when you enter the US with it, you will become a permanent resident. Your green card will be mailed to you a few weeks after that.

And if so, which is faster: doing it from france, or while in the US?

If it goes smoothly it's generally faster within the US. But if you enter with a visa waiver and attempt to pursue the process within the US, do not expect it to go smoothly. They've been putting the cases of many visa waiver users on hold for several months while they decide what to do with them.

 

[bs0d]

Hmm... I am starting to freak out even more now.
some lawyer apparently told my in-laws that if i manage to enter the US and start the process, I cna't leave for the next 6 months because they can call me in at anytime.

My status would change from tourist to applicant waiting for papers, basically, and they said it's legal to do it that way.

I am so very confused right now... I don't even know what to do or where to start.

Also, I read somewhere that I need my history of vaccination, and I don't have those documents with me (no idea where they could be actually). I don't know what to do about that either!