Denied entry to the USA - why??

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Old Sep 30th 2010, 4:43 pm
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Default Re: Denied entry to the USA - why??

Originally Posted by uksalesmanager
The one bit of positive advice that CBP gave me was that it might be just as credible an option to get married in the UK (and for my fiancee to apply for the correct visa, naturally!) and then to petition for an I-130 spousal visa - apparently this can be obtained quicker than a K-1 and is cheaper, the downside being that the applicant can't live & work in the US until it is granted (whereas on a K-1, one can work even before getting married, as long as the marriage takes place within 90 days)
Of course that is credible and available, but you asked for the quickest/easiest!

There are other ways I think are superior.

If you want to marry in the UK (your can marry anywhere, but everywhere in Europe will take a long time.. not familiar with Canada, but be aware that documents take longer from Ontario).. the US citizen needs a special visa called 'visit to marry'. Accomplish the wedding in the UK, get a recorded copy of the marriage certificate from BDM.

THEN the USC files I-130, and 8 or so months later, you interview for an Immigrant Visa. When you enter with an IV, you become a Permanent Resident (PR) at admission. PRs carry a 'green card' as proof of status.
With the immigrant visa, you are work authorized from your first day.

All things considered, you are realistically looking at about a year before you move to the US. This options are discussed at length in the marriage-based visa forum, and we have pinned threads and wiki entries that explain it in more detail.
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Old Sep 30th 2010, 4:52 pm
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Default Re: Denied entry to the USA - why??

Originally Posted by uksalesmanager
Some very sound and sensible advice there - thanks! Someone i know who has helped a colleague through the process recently suggested that my fiancee and i get married in the UK, then i apply directly for a Green Card, thus eliminating the need for a visa application; it is apparently more expensive, but can also be quicker. Any thoughts?
That is the process I just outlined in my last post to you. You do go through a visa application. There is no non-visa-application method available to you.
It was a semantic error, and now that you've read my other post, I'll bet you can spot the mistake (also thanks to the other who bludgeoned you with it )

Immigration lingo is very specific, as you'll come to find out. It takes a while to learn about all these options so give yourself some time to absorb.

"Visit to Marry" visa--Home Office. Or, consider another sort of 'destination wedding'. The important thing is getting the certified copy of your marriage certificate in a reasonable amount of time.
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Old Sep 30th 2010, 6:24 pm
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Default Re: Denied entry to the USA - why??

There seems to be an assumption in this thread that the OP will get a green card. While I wish him luck in this endeavor, it is certainly not a certainty.

I will touch on the flagging issue one last time as it seems that we will not reach an agreement on it.
Firstly, behind the front line of immigration officials, I haven't come across anyone that I would consider to be below average intelligence. To assume that everything that I have been told is a lie is a bit far fetched, especially when I have experiences to back it up.
Secondly, I am open minded and accept that I do not get everything right, but to simply reply that I am wrong -well that hardly advances a debate.
Best to agree to disagree -you have your opinion, based on whatever it is and I'll leave you to it. No point in getting involved in a petty row.
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Old Sep 30th 2010, 6:38 pm
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Default Re: Denied entry to the USA - why??

Originally Posted by RalphJolly
There seems to be an assumption in this thread that the OP will get a green card. While I wish him luck in this endeavor, it is certainly not a certainty.

I will touch on the flagging issue one last time as it seems that we will not reach an agreement on it.
Firstly, behind the front line of immigration officials, I haven't come across anyone that I would consider to be below average intelligence. To assume that everything that I have been told is a lie is a bit far fetched, especially when I have experiences to back it up.
Secondly, I am open minded and accept that I do not get everything right, but to simply reply that I am wrong -well that hardly advances a debate.
Best to agree to disagree -you have your opinion, based on whatever it is and I'll leave you to it. No point in getting involved in a petty row.
I'll reply with a quote borrowed from a friend:

Originally Posted by ian-mstm
You understand, don't you, that the immigration officials are allowed to lie to you to get whatever point across that they wish to make? It simply doesn't make it true... it makes it what you've heard. We've heard differently - a thousand times over the years - and it's not our job to do your research for you.

Ian
YOU have not offered anything more than 'a CBP officer told me'. Since they don't issue visas and aren't au fait with any more immigration law than what they need to deal with in their inspections, take it with a grain of salt.

You can go to visajourney dot com or www.immigrate2us.net and spend a couple of hours looking through all the posts where people in the same circumstances succeeded. You are the one making this a petty row and taking the discussion off topic. Please feel free to cite the portion of the INA that says his refusal makes him permanently ineligible for a green card.
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Old Sep 30th 2010, 7:33 pm
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Default Re: Denied entry to the USA - why??

Originally Posted by RalphJolly
There seems to be an assumption in this thread that the OP will get a green card. While I wish him luck in this endeavor, it is certainly not a certainty.

I will touch on the flagging issue one last time as it seems that we will not reach an agreement on it.
Firstly, behind the front line of immigration officials, I haven't come across anyone that I would consider to be below average intelligence. To assume that everything that I have been told is a lie is a bit far fetched, especially when I have experiences to back it up.
Secondly, I am open minded and accept that I do not get everything right, but to simply reply that I am wrong -well that hardly advances a debate.
Best to agree to disagree -you have your opinion, based on whatever it is and I'll leave you to it. No point in getting involved in a petty row.
21 posts...

You might want to undertake a bit more research.
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Old Sep 30th 2010, 8:40 pm
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Default Re: Denied entry to the USA - why??

Originally Posted by Boiler
21 posts...

You might want to undertake a bit more research.
He doesn't need to do research. He stayed at a Holiday Inn Express last night.
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Old Sep 30th 2010, 9:19 pm
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Default Re: Denied entry to the USA - why??

By the way, uksalesmanager. Once you start the K-1 or Immigrant visa process, be sure to go to the Marriage Based Visas forum on here with any questions you have about that.

- Eric S.
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Old Oct 1st 2010, 6:19 pm
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Default Re: Denied entry to the USA - why??

The comeback to the person with over 9000 posts would be too easy so I will restrain myself.
& if it adds to the hilarity, yes, I think at some point in my life I have stayed at a Holiday Inn.
I think it's a shame when an opposing view cannot be met civilly and I find all of this rather unpleasant.
Don't worry, I have learnt my lesson -if I do post in the future I will be certain to only agree with the established members of the board and not present an alternative point of view.
Now bring on all the insults. Please do. If that makes you feel good then knock yourselves out.
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Old Oct 1st 2010, 7:05 pm
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Default Re: Denied entry to the USA - why??

Let us go through it one by one

Once they had decided that you weren't going to enter, what happened to you was standard procedure. If there had been a convenient return flight sooner then you may have avoided jail, but for whatever reason they didn't turn you around so quickly.
You have no redress, and please don't waste money on a lawyer to find this out.
Fair enough

Going forward, you have almost certainly been flagged.
Yep

Every time that you enter the US for the rest of your life you will be detained for a couple of hours while they ask you the same questions about this incident again and again. You will most likely gain entrance, but that's not 100% certainty.
As a visitor, most likely. An important qualification as it looks like he intends immigrating.

In theory you can get a green card as a husband or gain an entry visa as a fiancee, but any application will not be straight forward and could be rejected, at which point the dream is over. You certainly have no right to enter the US -it is totally at their discretion as is the decision as to whether you can live in the US.
This is where you get confused, A visitor entry is essentially discretionary, an immigrant entry is not.

I presume you know some/all of this so I just want to be clear -not patronize.
I have had an 'experience' with the immigration authorities too so I am just passing on what I have learned -I am no expert.
You assume that those officers know the law, plenty of evidence that this occasionally is the case. If your experience was with immigration judges or even lawyers, that would have more weight.

If I had to go through it all again I probably wouldn't have bothered. What's so great about the US anyway -we're in an economic depression here -maybe you and your fiancee have better options?
Subjective comment that you are more than welcome to make.

Taking your story at face value -I empathize with what happened to you and hope you get things resolved to your own satisfaction. Good Luck!
And a nice little tail piece.

Last edited by scrubbedexpat099; Oct 1st 2010 at 7:07 pm.
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Old Oct 1st 2010, 7:11 pm
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Default Re: Denied entry to the USA - why??

Originally Posted by RalphJolly
I think it's a shame when an opposing view cannot be met civilly and I find all of this rather unpleasant.
Don't worry, I have learnt my lesson -if I do post in the future I will be certain to only agree with the established members of the board and not present an alternative point of view.
I already lost patience with you once (I apologize for that, I am working on it, really) but your conclusion is confused.

An opposing view is welcome here. If you want it to be taken seriously, you include citations to back up your point (that is, links to sources that support your view).

You may present an alternative point of view, but for some things, it doesn't matter what view you are looking at it with, the issue is black and white. That is the sort of issue you are discussing. Actually, you are not 'discussing' it.. you threw out an opinion, which others disagree with. Since it's the majority that disagrees, but we all like to learn something new, please, as I've asked several times, feel free to come back with some *facts* to back up your opinion. We're open. Why just this week I was reminded about a stamp I had forgotten existed. I thanked the poster for reminding me and bringing me back to reality.
But please, this is the LAST post on persecution; this thread has been hijacked from the OP's question.
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Old Oct 3rd 2010, 1:46 pm
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Default Re: Denied entry to the USA - why??

You don't appear to have the correct facts about the US immigration system. People who travel on a visa and get denied for the same thing are just as unlikely to see a judge. The traveler with a visa would be subject to a bar for 5 years under expedited removal or more where a VWP traveler will just need a visa and possibly a waiver following the denial.

In fact, a VWP passenger is actually more likely to see an immigration judge than someone with a visa who is denied entry for the same ground of inadmissibility.

Someone who seeks entry on the VWP and claims asylum goes straight to the judge for a limited review. Someone who seeks entry with a visa and claims asylum goes through a screening by an asylum officer and may not get to see the judge depending on the determination made by the asylum officer.

Being detained at entry is always a possibility for international travel regardless of what country it is. Does the UK put up their immigration detainees at the Hilton or the Four Seasons?

Also, the claim that any rogue border guard can refuse people is spurious at best. There are levels of approval needed to deny entry. The officer in charge has to approve a VWP refusal.

Last edited by crg; Oct 3rd 2010 at 1:50 pm.
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Old Oct 3rd 2010, 3:09 pm
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Default Re: Denied entry to the USA - why??

I do remember a travel guide book to the USA we had advising extreme caution with any possibly illegal act while on vacation in the USA, as a night in the cells carried a statistical risk of being murdered.

I would say British people are not generally aware of the harsh attitudes built into the system here and shouldn't treat these things in the light-hearted manner they may be accustomed to.
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Old Oct 3rd 2010, 3:23 pm
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Default Re: Denied entry to the USA - why??

Originally Posted by crg
The US has dedicated immigration detention centers too. When they are full, they use other approved facilities like local jails. Each facility must be certified by the federal government before taking immigration detainess.

Don't confuse a jail setting with a prison setting. Most people in jail are in for the short term until they can post bond or appear in court. Many are in for drinking and driving, drugs, probation violations and other offenses.

You're greatly overestimating the likelyhood of a *huge* law suit. The federal government has sovereign immunity. The government may not be sued unless it has waived its immunity or consented to suit. The federal government does allow people to sue them under the Federal Tort Claims Act. The types of suit are limited. The suits are tried before a judge, but without a jury. They do not pay punitive damages either.
Fair enough
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Old Nov 10th 2010, 2:25 am
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Smile Re: Denied entry to the USA - why??

My boyfriend who is from Spain had a very similar situation happen to him a few weeks ago. He was denied entry (after a few hours of intense interrogation where they even threatened to read his emails). They were accusing him of wanting to get married with me while he was here for the 3 month period. He told them no, but when they threatened to read his emails, he had to admit to the possibility of getting married, because they threatened him with deportation if they found anything in one of his emails.

Basically we were talking with many immigration lawyers and the K-1 visa is a good option. He can also no longer use the VWP, but the lawyers and also visa specialists whom I've spoken to said that this doesn't matter. Since he's applying for a K-1 Fiance Visa, it completely different and separate from the VWP. Also, one very important fact, immigration does not separate couples. I'm not sure if this is something they mentioned to you at the border, but it is a big deal. If you have a K-1 visa, and can prove a bon-a-fied relationship, then it will be very rare for them to not grant you entry.

I'm sure at this point you've gotten some information about the whole situation. We've actually just applied for the K1 visa today. Supposedly it doesn't take more than 6 months, all the lawyers told us this was the fastest way.

Let me know if you have any new information as well! I'm really sorry for what happened to you!
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Old Nov 10th 2010, 2:53 am
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Default Re: Denied entry to the USA - why??

They separate couples all the time. However, I agree that it would be rare to do so when there is a valid K-1. The VWP does not allow someone to come to the US, with the intent to get married and stay. The K-1 does just that so the reason to deny goes away.

The fact that you're talking about the K-1 at this point seems to indicate that the border guards weren't really off base when they denied entry.
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