traleac

I stayed too frequently and too long in the US with my fiancee. CBP told me I would live with my fiancee illegally, would have the intention to marry and would work illegally.

Isnt the case, but you cant fight that. At least he did let me enter on ESTA for four weeks.

Now, I could stay at home for 6 months and then try ESTA again. But it would likely be denied because of the entry CBP made in the file they see on their computers. Then I could try visitor visa. If those get denied, I would never see my fiancee again in the US.


So how about getting married right now? I then leave the US because I have to with ESTA and then apply for H4 visa. Fiancee isnt US- citizen, thats why H4.

Will they grant me H4? Will the H4 override the accusations they have on file for me, so I can enter in the 6 months ban phase? Meaning was the ban issued for ESTA or for all other visas I could use, too? This is my most important question.

What would happen if they question me at the CBP and send me back? Last time that I saw my wife then?

Pollyana

Did they make a notation in your passport, and if so exactly what did they write?

traleac

This is what makes my head hurt. I have the regular stamp with date. I also saw a weird note on one page that is full with stamps. It says 20 march, or 20OUNB or something similar. Its impossible to read. I also cant figure out if its regarding to a date from a US stamp, or if the CBP wrote it, or where it comes from exactly.

ian-mstm

What does the stamp say? Were you actually admitted for 4 weeks or did you receive the full 90 days?


Yes, you could.


Except for the fee, you have absolutely nothing to lose by reapplying for ESTA.


Do not apply for a visa until you know for sure that ESTA has been denied.


There is absolutely nothing wrong with marrying and then applying for an H-4 visa.


Most likely, yes. You will need a copy of the marriage certificate and a copy of your (then) spouse's valid H-1B visa.


Probably, yes. The H-4 is a derivative visa... if you apply, you'll likely get it.


I'm not sure why you think you have a 6 month ban? Just because the officer told you not to return? He can tell you whatever he wants... but it doesn't make it true.


If he wrote anything at all, it'll likely be on the page with the regular stamp.

Ian

traleac

Okay. If a police officer tells you, I got my eyes on you, dont cross the red light. And you cross it, thinking you dont have it in writing..The police officer will get you.

This has to be taken serious people.

I have a 4 week stamp.

Pollyana

We are all taking it seriously. The replies have been designed to help you.

ian-mstm

This is true only if there is a law against crossing at the red light. If there is no such law, then it's just a bunch of hot air!


What you don't understand is that CBP officers at the port of entry are allowed to lie to you... and the US Supreme Court has said so. Many CBP officers tell visitors what they can and can't do - whether or not there is a law that supports that statement. CBP officers often lie to people!

So - did he actually tell you that you are banned from entering the US for 6 months, or did he say not to come back for 6 months? There's a whopping huge difference between the two - and if he didn't write anything in your passport about it, then it's more likely that you don't have a ban and the officer was simply trying to intimidate you - which he also is allowed to do.

Ian

traleac

I'm just nervous, this situation is nervewracking.

traleac

I dont remember if he said "You are banned from entering for 6 months", or if he said "Dont come back to the US for the next 6 months."

mikelincs

What you are told by a policeman and what you are told by an immigration agent are two different things, an immigration agent can tell you anything, he could refuse you entry just because his breakfast wasn't just how he wanted it. and you have no means of knowing why unless there is a notation in your passport. You have a couple of options, get married now, move back as requested and then apply for your visa, or just return to the UK and reapply for ESTA in around 6 months to a year. DO NOT APPLY FOR A B VISA UNLESS YOU ARE DENIED AN ESTA. If I was in your shoes, and knew we were going to get married, then I would have a quick courthouse wedding, that gives you the best options.

ian-mstm

My guess is that he told you not to come back. There's usually paperwork involved in a ban and you'd likely have received a copy of that paperwork.

If you're currently in the US, you can get married and apply for an H-4 visa. As I said earlier, you'll need a copy of your wife's valid H-1B visa and a copy of your marriage certificate.

Whatever else you do, do not overstay! Leave the US before the expiry date on the stamp.

Ian

Rete

Apparently you are able to 'visit' the US several times a year for up to 90 days each visit. Do you not have employment in the UK that you need to be at on a daily basis? Or do you work via telecommunication? If so, count yourself lucky to have gotten off as you have since working in the US without authorization from the USCIS is a no-no.

Even if you got the H4 you can't work in the US. You can reside with your spouse but you can't work for someone here in the US nor for someone outside of the US.

traleac

I got sick for over a year, so I dont have work right now. Before that I frequently went to the US for years.

Somebody told me H4 would likely be denied, since I would marry my fiancee after she already is on her H1B in the US. She already extended it I think once or twice.

celticgrid

Exactly how long has your fiance been in the US on H-1B status?

traleac

2 years on F1, or similar for studies. Then 2010 till now H1B. She can apply for Green Card in 2017. She doesnt have to wait long because she has a high skilled research job at a University.