Fiancée refused entry at border
Feb 24th 2005, 6:55 pm
#1
Guest
Posts: n/a
Fiancée refused entry at border
This past weekend, my fiancée tried to enter from Mexico at Laredo, Texas.
The officer was suspicious that she was entering to immigrate.
She has what is commonly known as a "laser visa" good for 10 years, however
permission is still required to go into the interior of the country.
She lives with her parents and has not worked or attended school for almost
1 year, so she had no proof of anything.
She has visited me for 3 months at a time on 2 occasions during this time,
hence the reason no work or school.
Her entire immediate family was with her for the crossing. They brought her
to the border and I was to pick her up.
We were going to get married this week then she would return within 2-3
weeks back home. Then at that time we would apply for a spouse immigration
visa. During this time she would prepare herself to come here and take care
of anything she needed to before coming.
The ICE officer told her a lie (not to mention held for 3 hours and treated
like a criminal) that she was in this country illegally, told to go to
Monterrey to get a fiancée visa and banned entry on her tourist visa for one
year.
This makes no sense. Marriage on a tourist visa is not prohibited or
illegal. However, intent to immigrate on a tourist visa is.
What sort of action can be taken against that officer and or a or rebuttal
of the action taken?
Thank you
--
"That intellectual torpor maybe sufficient to earn a job at some disaster
prone part of the world like Chernobyl or NASA, but it won't cut the mustard
with me." - Professor Maximillian Arturo
The officer was suspicious that she was entering to immigrate.
She has what is commonly known as a "laser visa" good for 10 years, however
permission is still required to go into the interior of the country.
She lives with her parents and has not worked or attended school for almost
1 year, so she had no proof of anything.
She has visited me for 3 months at a time on 2 occasions during this time,
hence the reason no work or school.
Her entire immediate family was with her for the crossing. They brought her
to the border and I was to pick her up.
We were going to get married this week then she would return within 2-3
weeks back home. Then at that time we would apply for a spouse immigration
visa. During this time she would prepare herself to come here and take care
of anything she needed to before coming.
The ICE officer told her a lie (not to mention held for 3 hours and treated
like a criminal) that she was in this country illegally, told to go to
Monterrey to get a fiancée visa and banned entry on her tourist visa for one
year.
This makes no sense. Marriage on a tourist visa is not prohibited or
illegal. However, intent to immigrate on a tourist visa is.
What sort of action can be taken against that officer and or a or rebuttal
of the action taken?
Thank you
--
"That intellectual torpor maybe sufficient to earn a job at some disaster
prone part of the world like Chernobyl or NASA, but it won't cut the mustard
with me." - Professor Maximillian Arturo
Feb 24th 2005, 7:47 pm
#2
BE Site Lead
Joined: Aug 2004
Location: MA, USA
Posts: 92,172
Re: Fiancée refused entry at border
So basically it's a tourist visa? Can't appeal dicisions on those I don't think, certainly not on a vwp, but I could be wrong on her visa.
Either way, just have to get a K1 visa, or you go to mexico to marry and apply for spouse visa.
She really should have had proof to show she didn't have intent to immigrate on that visit anyway, but it's a bit late now.
Either way, just have to get a K1 visa, or you go to mexico to marry and apply for spouse visa.
She really should have had proof to show she didn't have intent to immigrate on that visit anyway, but it's a bit late now.
Feb 24th 2005, 8:22 pm
#3
Guest
Posts: n/a
Re: Fiancée refused entry at border
"Bob" <member27413@british_expats.com> wrote in message
news:[email protected] m...
>> This past weekend, my fiancée tried to enter from Mexico at Laredo,
>> Texas.
>> The officer was suspicious that she was entering to immigrate.
>> She has what is commonly known as a "laser visa" good for 10 years,
>> however
>> permission is still required to go into the interior of the country.
>> She lives with her parents and has not worked or attended school for
>> almost
>> 1 year, so she had no proof of anything.
>> She has visited me for 3 months at a time on 2 occasions during this
>> time,
>> hence the reason no work or school.
>> Her entire immediate family was with her for the crossing. They
>> brought her
>> to the border and I was to pick her up.
>> We were going to get married this week then she would return within
>> 2-3
>> weeks back home. Then at that time we would apply for a spouse
>> immigration
>> visa. During this time she would prepare herself to come here and take
>> care
>> of anything she needed to before coming.
>> The ICE officer told her a lie (not to mention held for 3 hours and
>> treated
>> like a criminal) that she was in this country illegally, told to go to
>> Monterrey to get a fiancée visa and banned entry on her tourist visa
>> for one
>> year.
>> This makes no sense. Marriage on a tourist visa is not prohibited or
>> illegal. However, intent to immigrate on a tourist visa is.
>> What sort of action can be taken against that officer and or a or
>> rebuttal
>> of the action taken?
>> Thank you
>> --
>> "That intellectual torpor maybe sufficient to earn a job at some
>> disaster
>> prone part of the world like Chernobyl or NASA, but it won't cut the
>> mustard
>> with me." - Professor Maximillian Arturo
> So basically it's a tourist visa? Can't appeal dicisions on those I
> don't think, certainly not on a vwp, but I could be wrong on her visa.
Mexico is not included in a visa waiver program. They still have to get a
visa and addition I-90 to enter the border beyond 20 miles, I think it is.
> Either way, just have to get a K1 visa, or you go to mexico to marry and
> apply for spouse visa.
Would be quicker just to apply for a K1
> She really should have had proof to show she didn't have intent to
> immigrate on that visit anyway, but it's a bit late now.
Thank you for the kind reply..
> --
> Posted via http://britishexpats.com
news:[email protected] m...
>> This past weekend, my fiancée tried to enter from Mexico at Laredo,
>> Texas.
>> The officer was suspicious that she was entering to immigrate.
>> She has what is commonly known as a "laser visa" good for 10 years,
>> however
>> permission is still required to go into the interior of the country.
>> She lives with her parents and has not worked or attended school for
>> almost
>> 1 year, so she had no proof of anything.
>> She has visited me for 3 months at a time on 2 occasions during this
>> time,
>> hence the reason no work or school.
>> Her entire immediate family was with her for the crossing. They
>> brought her
>> to the border and I was to pick her up.
>> We were going to get married this week then she would return within
>> 2-3
>> weeks back home. Then at that time we would apply for a spouse
>> immigration
>> visa. During this time she would prepare herself to come here and take
>> care
>> of anything she needed to before coming.
>> The ICE officer told her a lie (not to mention held for 3 hours and
>> treated
>> like a criminal) that she was in this country illegally, told to go to
>> Monterrey to get a fiancée visa and banned entry on her tourist visa
>> for one
>> year.
>> This makes no sense. Marriage on a tourist visa is not prohibited or
>> illegal. However, intent to immigrate on a tourist visa is.
>> What sort of action can be taken against that officer and or a or
>> rebuttal
>> of the action taken?
>> Thank you
>> --
>> "That intellectual torpor maybe sufficient to earn a job at some
>> disaster
>> prone part of the world like Chernobyl or NASA, but it won't cut the
>> mustard
>> with me." - Professor Maximillian Arturo
> So basically it's a tourist visa? Can't appeal dicisions on those I
> don't think, certainly not on a vwp, but I could be wrong on her visa.
Mexico is not included in a visa waiver program. They still have to get a
visa and addition I-90 to enter the border beyond 20 miles, I think it is.
> Either way, just have to get a K1 visa, or you go to mexico to marry and
> apply for spouse visa.
Would be quicker just to apply for a K1
> She really should have had proof to show she didn't have intent to
> immigrate on that visit anyway, but it's a bit late now.
Thank you for the kind reply..
> --
> Posted via http://britishexpats.com
Feb 24th 2005, 9:02 pm
#4
I love Marmite, she don't
Joined: Jan 2005
Posts: 454
Re: Fiancée refused entry at border
Originally Posted by NerdRevenge
What sort of action can be taken against that officer and or a or rebuttal
of the action taken?
Thank you
of the action taken?
Thank you
You intended to get married so it was even MORE important she prove non-immigrant intent. "Her entire" family being there to wave her off isn't a good start.
Sorry, it's just one of those things. Go there, get married (and/or) file fiance papers, go on honeymmon and you'll be together in NO time.
Good Luck and God Bless.
Feb 25th 2005, 1:19 am
#5
Account Closed
Joined: Mar 2004
Posts: 2
Re: Fiancée refused entry at border
Go to visajourney.com and study your options.
I would tend to agree that in the circumstances this result was hardly unusual.
Fiancee visa seems to be quicker.
I would tend to agree that in the circumstances this result was hardly unusual.
Fiancee visa seems to be quicker.
Feb 25th 2005, 7:28 pm
#6
Guest
Posts: n/a
Re: Fiancée refused entry at border
"Boiler" <member22431@british_expats.com> wrote in message
news:[email protected] m...
>> She obviously did NOT PROVE to the officer at POE that she did not
>> intend to immigrate. It doesn't matter what you think, any POE officer
>> has the right to refuse entry solely on the grounds of immigrant
>> intent. There's no comeback or rebuttal because it's only HER WORD and
>> that's not good enough. Or at least, there's always a chance of
>> rebuttal but by the time you win (unlikely), you'll be married with
>> kids and poor (from legal fees). Even people with bank accounts and
>> Mortgages back home can be given a hard time but these are things that
>> make a BIG difference. She oviously couldn't prove it.
>> You intended to get married so it was even MORE important she prove
>> non-immigrant intent. "Her entire" family being there to wave her off
>> isn't a good start.
>> Sorry, it's just one of those things. Go there, get married (and/or)
>> file fiance papers, go on honeymmon and you'll be together in NO time.
>> Good Luck and God Bless.
> Go to visajourney.com and study your options.
> I would tend to agree that in the circumstances this result was
> hardly unusual.
> Fiancee visa seems to be quicker.
Thanks for the great info guys!
> --
> Posted via http://britishexpats.com
news:[email protected] m...
>> She obviously did NOT PROVE to the officer at POE that she did not
>> intend to immigrate. It doesn't matter what you think, any POE officer
>> has the right to refuse entry solely on the grounds of immigrant
>> intent. There's no comeback or rebuttal because it's only HER WORD and
>> that's not good enough. Or at least, there's always a chance of
>> rebuttal but by the time you win (unlikely), you'll be married with
>> kids and poor (from legal fees). Even people with bank accounts and
>> Mortgages back home can be given a hard time but these are things that
>> make a BIG difference. She oviously couldn't prove it.
>> You intended to get married so it was even MORE important she prove
>> non-immigrant intent. "Her entire" family being there to wave her off
>> isn't a good start.
>> Sorry, it's just one of those things. Go there, get married (and/or)
>> file fiance papers, go on honeymmon and you'll be together in NO time.
>> Good Luck and God Bless.
> Go to visajourney.com and study your options.
> I would tend to agree that in the circumstances this result was
> hardly unusual.
> Fiancee visa seems to be quicker.
Thanks for the great info guys!
> --
> Posted via http://britishexpats.com
Feb 25th 2005, 9:02 pm
#7
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Fiancée refused entry at border
"The ICE officer told her a lie (not to mention held for 3 hours and treated
like a criminal) that she was in this country illegally, told to go to
Monterrey to get a fiancée visa and banned entry on her tourist visa for one
year."
She does have immigrant intent. It's her burden to prove to the CBP officer that she plans to return to Mexico and not remain in the US on each visit. If she doesn't have enough evidence to convince the officer then they don't have to honor her visitor visa.
"This makes no sense. Marriage on a tourist visa is not prohibited or
illegal. However, intent to immigrate on a tourist visa is."
Again, she has to prove this to the officer.
"What sort of action can be taken against that officer and or a or rebuttal
of the action taken?"
She can apply for admission with evidence that she will depart the US. It's really not going to be easy to prove because she DOES plan to live in the US and doesn't have a home or job to return to. It sounds like the officer was doing their job. I doubt she would have been admitted by any officer under the same circumstances.
Either way, she can start the visa application process and if all goes well, your fiance will get her paperwork in order so she can immigrate. Good luck.
like a criminal) that she was in this country illegally, told to go to
Monterrey to get a fiancée visa and banned entry on her tourist visa for one
year."
She does have immigrant intent. It's her burden to prove to the CBP officer that she plans to return to Mexico and not remain in the US on each visit. If she doesn't have enough evidence to convince the officer then they don't have to honor her visitor visa.
"This makes no sense. Marriage on a tourist visa is not prohibited or
illegal. However, intent to immigrate on a tourist visa is."
Again, she has to prove this to the officer.
"What sort of action can be taken against that officer and or a or rebuttal
of the action taken?"
She can apply for admission with evidence that she will depart the US. It's really not going to be easy to prove because she DOES plan to live in the US and doesn't have a home or job to return to. It sounds like the officer was doing their job. I doubt she would have been admitted by any officer under the same circumstances.
Either way, she can start the visa application process and if all goes well, your fiance will get her paperwork in order so she can immigrate. Good luck.
