re-entry to the US

#1
I'm US citizen, I got married last April, my wife was in the US on a tourist Visa. She had to return to her country to address some issues and she is returning to the US next week (visa still valid). the question is, should she tell the immigration officer when asked where you staying that she is staying with her husband? would that cause her any issues coming in?
 

SusieQQQ

Well-Known Member
#2
She should always tell the truth - she definitely does not want a misrepresentation to an immigration official on her record - and yes that will almost certainly cause problems if she’s planning to actually live with you and not just visit you temporarily. Why haven’t you filed for a spouse visa?
 
#3
She should always tell the truth - she definitely does not want a misrepresentation to an immigration official on her record - and yes that will almost certainly cause problems if she’s planning to actually live with you and not just visit you temporarily. Why haven’t you filed for a spouse visa?
What kind of a problem this may cause, she is coming to stay and ill apply for her once she arrives? there was a family emergency and she had to travel back to her country.
 

Sm1smom

Super Moderator
#4
Your wife cannot enter the US on a NIV with the intention of filing AOS, that is considered an immigration fraud. Since she already left, she needs to stay back and process a spousal visa from the US embassy in charge of her home country.
 
#5
I red something about 90 days rule, not sure what does really mean, but what I understood is I can file for her after entering the US by 90 days. does that apply in this situation?
 

Sm1smom

Super Moderator
#6
I red something about 90 days rule, not sure what does really mean, but what I understood is I can file for her after entering the US by 90 days. does that apply in this situation?
That is only applicable to people who entered the US with a NIV and then decided to file AOS because their circumstance has changed.

It is not applicable to someone who is intentionally planning on using a NIV to enter the US with a preconceived plan of filing AOS.
 

SusieQQQ

Well-Known Member
#8
What kind of a problem this may cause, she is coming to stay and ill apply for her once she arrives? there was a family emergency and she had to travel back to her country.
What status was she living on all that time before in the US? Why hadn’t you filed for her back then? Does she have any overstay on her record?
 
#9
What status was she living on all that time before in the US? Why hadn’t you filed for her back then? Does she have any overstay on her record?
she has been coming and going on a visa for the past few years, never over stayed. 3 months after we got married, she had to go back due to a family emergency.
 

SusieQQQ

Well-Known Member
#10
she has been coming and going on a visa for the past few years, never over stayed. 3 months after we got married, she had to go back due to a family emergency.
Ok so at least she has no ban. Well, she has to tell the truth to cbp officers when she arrives about why she is entering. As mom has said, it’s immigration fraud to enter on a tourist visa intending to adjust so she won’t be alllwed in. Suggest you file the petition ASAP, it’s a shame you didn’t already do it back when you got married.
 

1AurCitizen

Registered Users (C)
#11
I'm US citizen, I got married last April, my wife was in the US on a tourist Visa. She had to return to her country to address some issues and she is returning to the US next week (visa still valid). the question is, should she tell the immigration officer when asked where you staying that she is staying with her husband? would that cause her any issues coming in?
Others asked a good question. Why haven't you filed the i-130 petition? Most people do so soon after their wedding.

Your wife can visit, temporarily, on a b2 visa, with a return ticket. She then returns to her home country and awaits CR-1 visa processing there. You should file her petition asap to prevent her wait away from you being any longer than necessary.
 

nelsona

Registered Users (C)
#12
Many Canadian spouses face this situation when marrying a US citizen living in US, and then leaving the country. Typically, they are NOT allowed back into US, regardless of the explanation, as they have exhibited irrefutable intent to immigrate. They are turned away and told to file CR-1 visa at a consulate.

So, I would not say that our poster would be automatically granted temporary entry, regardless of desired length of stay or return ticket.
 
#13
Hi. New here. Not sure if I am in the right thread but I hope someone can answer me...
I am planning to return to the US to visit my cousins and to celebrate my birthday. This will be my 3rd visit on my B2 visa. 1st time was from Apr. to July 2017 (88 days) and the 2nd was from Dec. 2018 to Jan. 2019 (29 days). I plan to visit 3rd week of April this year (2020) up to the 1st or 2nd week of June (~45 days). I know getting questioned at POE is a "hit and miss" but I know of people being refused entry because their travel patterns seemed "suspicious". Does my travel pattern look like it would raise any red flags or be a cause for concern? Airline tickets are quite expensive so I do not want to risk being turned back. I just need someone else's perspective. Tia.
 
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