B2 anxiety

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patty579

Registered Users (C)
Well maybe anxious is the wrong word. I am devastated.

I just read that I would get denied if they found out at the interview that I was my husband's girlfriend when I entered the US.
Fact is, that they will find out anyway, because on our G325As they will see by our addresses that we have been living together in Germany.

I DID NOT HAVE AN IMMIGRATION INTENT when I entered, I even had a job lined up in Germany. But apparently that's what they will think and I would face a lifetime bar.

At an infopass I was told by who I thought was an immigration officer, that I could do AOS instead of K1 and that we would not get in trouble.
So we ended up applying for AOS, even though we wanted to do K1 at first. I thought that it was only a problem if we had been engaged. But we weren't, we just were in a relationship.

Now I know that there are a whole bunch of other people who came here on a tourist visa, got married, applied for AOS and got approved.

Will these people PLEASE post here, whether or not they told the IO at the interview that they were dating their USC husbands/wives before they entered the US.

Please help me out here, I am pretty much worried sick. I don't know what we are supposed to do now. Withdraw our application???
 
If you weren't engaged at that time, it shouldn't be a problem at all.
In this case, they have to prove that you entered the US to marry your boyfriend.
IMO, you did nothing wrong, Actually, B2 is the right visa to visit boyfriend/girlfriend (not fiancees).
 
Thanks for your reply sarrebal, really appreciate it.
That's what I thought too, all this time. How do you know this though? Have you heard of positive outcomes with cases like mine?
I was given the information that I would be denied for sure by a former immigration attorney, and he made sense too.
That's why I'm so worried now.
 
patty579 said:
Thanks for your reply sarrebal, really appreciate it.
That's what I thought too, all this time. How do you know this though? Have you heard of positive outcomes with cases like mine?
I was given the information that I would be denied for sure by a former immigration attorney, and he made sense too.
That's why I'm so worried now.
Click to expand...


How do I know?
I don't, of course.
But I don't see how could any officer possibly argue with that.
How long did it pass since your entry in the US under B2 and wedding day?
 
patty579 said:
Well maybe anxious is the wrong word. I am devastated.

I just read ...
Click to expand...
Where did you read it? If you did not have immigration intent, then you did nothing wrong! Of course, intent is really hard to prove either way, but if you had strong ties to your home country with a secure job, then that should help your case.

I hope you hear some encouraging words from others who have gone through the process already. Also, if the person you talked with at the InfoPass appointment told you it was not a problem, then at least someone at USCIS is on your side.
 
sarrebal said:
How do I know?
I don't, of course.
But I don't see how could any officer possibly argue with that.
How long did it pass since your entry in the US under B2 and wedding day?
Click to expand...
Sorry if I seem a little desparate, it's because... I am!! Didn't mean to question you or anything.
We decided to get married in February, five months after I entered. We got married March 11th this year. I entered the US in October 2005.
I did enter with my husband though, because his Airforce contract was done and he was going home.
I just wanted to get to know the country he was from... I just finished my studies and wanted to do a big long trip anyway.
Did not tell about my then boyfriend when I applied for my visa. But they didn't ask me either!
 
running_swede said:
Where did you read it? If you did not have immigration intent, then you did nothing wrong! Of course, intent is really hard to prove either way, but if you had strong ties to your home country with a secure job, then that should help your case.

I hope you hear some encouraging words from others who have gone through the process already. Also, if the person you talked with at the InfoPass appointment told you it was not a problem, then at least someone at USCIS is on your side.
Click to expand...

Thanks for the link, running_swede. Having met online is probably not as serious as having lived together, but it still could be considered a relationship with certain intents.

I read it on payala's interview thread, JohnnyCash posted his elaborate opinion on my case.

I was ready to leave after 6 months. Don't know if my job contract (which I of course had to break) can prove that. My parents knew that I intended to come home, even though they are ok with my decision now. Do you think an affidavit from them would help prove my legal intents?

JohnnyCash says that if an Infopass employee gives wrong info, it will still be my fault and it wasn't an excuse.
Sigh... why would she do that though? If it's such a common reason to get denied, why wouldn't she just give us the K1 application forms which we asked for?!?! Why tell us: Oh, by the way... you can do AOS.
I showed her my B2 visa and actually said: Wouldn't it be illegal, I'm on a B2 visa.
She said: Well, you're circumventing the law.
And I said: So, it's illegal. We would get in trouble.
But she said: No, it's just your call, K1 or AOS.
Come on, that wasn't just an accidental mistake. She seemed to know what she was talking about.
 
Look at Table 8.1 on page 77:
Over 90,000 nonimmigrant "Visitors for Pleasure" adjusted status in 2002. You would not be the first one to do so. I understand that your problem is that you knew your current husband when you entered the U.S. You even entered with him? I still think you can prove nonimmigrant intent. Did you maintain a residence in your home country after you entered the U.S. That would probably help your case.
 
Well we were living in an apartment belonging to my Dad. He rented it out while I was gone. I mean 6 months of rent is good money. Maybe he has some lease agreement that shows that the lease was originally temporary.

Oh dear. I didn't realize in how much trouble we are. Freaking out right now.
 
Check this out too:
About half-way down the page there is some relevant information. The fact that you knew your current husband before you entered on a B-2 visa certainly seems to complicate things for you. Could you ask another immigration officer at an InfoPass appointment? I know they are pretty useless most of the time, but perhaps they could give you some advice. Just do not admit to any immigration intent at the time of entry. Discuss your case with a few other lawyers too. I suppose you overstayed your original B-2 already? Just thinking if you need to withdraw your AoS application and leave the U.S. if that could cause you further headache.

Hey, I am really sorry you are in this situation. I wish I could help you or find some information that shows other people in your specific situation.
 
running_swede,

thank you so much for caring and reading all these things for me. You are so kind.
We can't afford a lawyer and I guess an Infopass can't really undo our situation right now.
I never overstayed my B2 Visa, but it expired end of March 2006. I applied for AOS before that, but if I withdraw my application now I don't know in what status I'll be in, and maybe there will be a ban? And I don't know if it would do us any good to withdraw now. I mean, will they approve me the second time even though I withdrew my application the first time?

Sorry, I know you cannot answer all these questions. I'm just very very desparate.
 
Okay...let's see if this help you to ease your mind a little bit.

My first experience in a forum was in a "About.com" forum, I had the same doubts and the only person who answer me told me "go home, you won't be able to adjust, they won't believe you". I was same as you, devastated. I was in that forum because I still had my doubts even the JAG office told us that it was okay.

My husband told me stop to worry. But I did not. I never stop to worry until I found this forum. But even so I still was worry, I talked with Johnny Cash as well on PM's with Ari's and at the end even everybody told me that as far I did not come out with the fact when I was engaged everything was going to be fine, I knew that time to time that issue will come, but I had anything to hide. And really, I told my husband the worst can happen is that you should start learning my language haha. I had a job waiting for me back there anyway.

But continue, yes, I was engaged. I met my husband mid 2004 online, yes surprise! don't tell me too much because I was totally against that issue...you know, you never should spit out because the spit can come over your head? well that happened to me. Could be call crazy yeah I never had been totally over my feet you know...but hey life is one right? He was through a divorce over a year by the time we met, been marry over 8 with another foreigner (yeap another alien). I had no clue about AOS process neither about the rest of the things (since we even had not talk where we were going to live or what we were going to do), and since things had change so much he did not remember many of the things since has been many years ago. I was engaged on Nov2004 (a little bit over 6 months to know each other), yes fast...but problematic if you can check all the issues that can come up with it.

I was working for an airline (no I am not a flight attendant nor a gate/ticket agent) so it was very easy to travel, everytime that I was traveling back and forth I always said that I was going to visit a friend or bf, no problem, after we get engaged I never used the word fiance until in one of my entries the POE told me that I should said I was going to visit my fiancee (she check out my ring, is not a rock is really simple). So I keep using the word fiance for almost another month (I was coming every weekend), he couldn't go to my country as often as I could because he was under a certain orders within his unit.

The last time I entered to the US was on December 2004, we had plan so much our Xtmas and New Years...he spent the Xtmas in my country and I was going to spend the NY's over here. I was suppose to come back after my birthday on February. The last time I entered through Houston, I never entered through it before, it was awful. The POE asked me all the questions of the world! I even asked if that was normal, he did not like that and he was not convince so he put my stuff in a plastic bag and got in a room with other people in it, another guy call my name and asked me just one question: "how long you will stay here"? I said "6 weeks" counting 4 for Jan and then 2 more after my birthday on February, 6 weeks. The guy said that the other mate said that he thought I said 6 months I said, well from "mo" to "wee" there is a lot difference but I did not continue arguing which I just want to get out of there, plus I was the one who had the tickets not my fiance and he couldn't wait for me, they make him move to baggage claim. The other issue I had is that I quit my job before I left because they did not let me take my month of vacation, because is peak season for the company and I said "F@@ it" I am leaving, so I left. But my boss told me that in any case if I need to come back, just call them back. Anyway, the other problem that I had is that my fiance (husband now) was the one who bought the tickets AND instead that the ticket was coming back on Feb 20th it was for 6 months lenght..got it? Ohhh the POE asked for it, and I said "it's an eticket" which is true and he did not continue with it...but the funny part of it is that you should have your reservation right? but whatever... but that situation get on my mind all the time.

So on mid January, we said that we start planning the wedding and all that in MY country not here, we really were engage but was more a social thing than to really getting marry right away. I wanted to live here at least several weeks not every weekend as before, to know everything around. I couldn't make a final decision if I really wanted to live here. So I bought my wedding dress to take it back with me and all that. By February, my husband did not want me to go and I was like " are you SURE that I can stay"? so he check out with JAG office and we started making some research. On the week before my ticket we decided that I would stay. We still have no date set. At the beginning of March we set a date, by mid March the chaplain that was going to marry us was getting deployed to Iraq. Then two weeks before the wedding the Chaplain Garrison Officer decided that he was going to marry us. And the first week of April we got married.

We did all the aplications and by the time I was tyring to book my FP and Bio (Before you had to call to get an appointment) I found this forum. I forgot about all my worries until two weeks before the interview.

The IO asked us when we met, how, where we were (it was funny since he was in his computer here and I was in my home country in my computer), we had to explain it like that, believe me. He asked him what happened with his previous marriage, when and where he was married the first time (he was living in her country by the time they got married), where he was through xx dates and xx dates, he asked when and where we get engaged, he said the through that it was in my country at the airport on Nov04. Then they were talking about a military thing, they officer worked for the department of state before in my country so he knew what he was asking and even he had more questions to my husband than for me, after awhile everything was done. He did not say anything about that I was engaged before, nothing. My problem was the stupid doctor that fill out wrongly my vaccination report and I had to run back and forth. I got approved/stamp the same day but it took all day to correct that thing.

Hope you feel better, if you have more question feel free to ask me.
 
Sorry for the grammar/spelling I just read it back...but I have no time I have to run to a meeting and my boss will be pissed!

oh by the way...the guy never wanted to see our pictures, nothing...after the questions just asked for 3 documents with both names. My husband insisted that he want to show him the pictures that he took and my husband insisted so much that they guy was okay okay. Both were working in my country at the same time but of course I did not meet my husband by that time.

For the people who always ask about difference in age and color of the skin and all that...I can say that I met all criterias. We have 12 years difference (curiously same as my parents), he is older than me. He was married with another alien before who had the same date of birth (scary huh?) and I am black and he is caucasian.
 
Cherr, thank you so much. You have no idea, (well I guess you do!) I do feel relieved... even though I know that every case is different and will be handled differently.
So your interviewer knew that you guys knew each other and were engaged before you entered? And you got approved. Maybe because your interviewer had worked for the military too :) but you got approved.
My husband is a veteran too... maybe it'll help us.

By the way Cherr, I know what you mean about not approving of something and then ending up being in that exact situation, like meeting the love of your life online!
For me it was meeting the love of my life in an Irish Pub! I really avoided going to the Irish Pub in my hometown because of all those American military guys who were so loud and obnoxious!! But one night, it was my best friend's graduation day and she celebrated it there. Sure enough a group of Airforce guys came to our table and chatted us up. I even tried to pretend not to be able to speak any English at first! :) But my now husband made me laugh all night and we became really good friends. After a couple months we started dating... and you know the rest of the story!

Ok, so I think I will stick to our true story. Lying won't help, because the facts are on our G-325As.
What I will do though: I will try and gather as much proof as I can get, that I did not have any immigration intents when I entered.
I have my job contract that was gonna start in April 2006, that I had to break.
I will ask my Dad for a lease agreement to prove that he only leased it out temporarily after I left.
I have a letter from my Dad dated sometime in February telling me that he is fine with our decision to get married.
I have K1 application forms from the DO because I insisted that the IO would give these to us too, because I was worried that the marriage decision was rushed.

I know the last two probably don't prove anything, but I'm gonna take anything to our interview that could help us.

What do you think about that?

Thank you guys so much for your suggestions and help, don't know what I would do without you.
 
Don't worry

Hi Patty,
you got me worried too for a second:-)...no, I'm kidding. My husband and me have been together for 5 years and during that time I lived in Germany for a year where he came to visit me twice and I came to vistit him once. In Oktober 2003 I decided to come here again on my b2 Visa to see how things would work out, lived with him and finally overstayed.

So we didn't have an intend to get married when I came here because we got married July 2005 (2 years later ) so if you didn't plan on doing so ( and you waited 5 months ) don't worry!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

VIEL GLUECK BEI EUREM INTERVIEW!!! WIR SIND EINEN TAG NACH EUCH DRAN!
 
Danke Sonja!! That's very reassuring, thank you so much!
I wish you all the best for you interview, too.

Alles Gute, wir werden feste an euch denken! :)
 
Correct, I mean he matched up everything when he asked my husband when he proposed and my husband said straight answer. But several times I entered as his fiance before the last one.

The officer did not work for the military he worked for the Department of State and he was in my country at the same time that my husband was station there for awhile.
Exactly because my husband was in my country, he was interested to talk to me...or that is what he says...hehehe and actually we met online but it was an entire accident I was in there because a friend of mine who is from Canada was dating another guy that she met online (but both were Canadians and they are living together now for 2 years now!) and I did not click out that my profile appears in other places, so my pic and my flag appeared on icq where my husband was connected (and I never had icq) when he told me, I right away logged out from everything!

By the time of the interview I was asking my previous boss a letter that I was intending to come back and the cause of why I quit my previous job but he was on vacation so I couldn't do anything and the interview came before it.

There is nothing wrong that you were living together when you were in Germany and that you were boyfriend and girlfriends that is nothing to worry about it, I mean exactly because of that is that you have a least to worry!...it is even more valid that at least you were dating before get the decision to marry. In my case I was very firm that before everything I had to feel that I was totally comfortable where I was going to live and work. It is not the same thing that you like a country for a short visit that to live and work in that country.
 
Yes Cherr, I agree that it is a delicate decision to stay in a foreign country for pretty much ever. I thought I needed at least a year or two to be able to decide. The B2 Visa for 6 months was just going to be the start of getting to know America. I'd never been to America before I got to know my husband. To be honest I had my doubts, I was a huge England fan then, having studied English literature and culture, and having lived in Bristol, England for a while. I even had a good British accent (which is of course all gone now!) and was pretty convinced that I was going to end up there one day. :)
I'm still not sure what to think about America, I mean it's a nice country that's for sure, but I haven't worked here yet and don't really have the social life I had in Germany. But I know it will get better and I would live in any country as long as I can be with my husband.
Sounds very cheesy I know, but I am very emotional today! :)

Thanks for support Cherr. Did your interviewer want to see your letter from your boss?
I am going to try and find my job contract and bring it to the interview.
 
Hey Pat,

I really really hope that your interviewer is similar to the one that we had as far as asking the question goes. Ours didn't ask us anything about how we met and how our meeting led to the wedding. Didn't ask for any documents proving our relationship other than the tax return and some other joint docs. I understand that you don't wanna lie, but don't volunteer the information. Just keep it to yourself and give as short answers as possible until you feel there's a need to explain something. May be the question wouldn't even come up... think positive... I know easy to say for me, but really, interview could be a whole different ballgame if you are positive and confident.

As always... good luck!
 
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