Go Back  British Expats > Living & Moving Abroad > USA > Marriage Based Visas
Reload this Page >

Not Even Border Agent Can Stop Love--Article from Colorado Springs Gazette

Wikiposts

Not Even Border Agent Can Stop Love--Article from Colorado Springs Gazette

Thread Tools
 
Old Feb 22nd 2004, 3:36 pm
  #16  
Mtravelkay
Guest
 
Posts: n/a
Default Re: Not Even Border Agent Can Stop Love--Article from Colorado Springs

memorex wrote:
    > Ok... Moving Parallel abit..
    >
    > So she Entered the Country Under the Visa
    > Waver Program..
    >
    > As she Married in the US and has Filed for Change of
    > status..
    >
    > Are there any obstacles that could Hinder her application ?..
    >
    >
    > Just Wondered...
    >
    > Mem..
    >

The way I read the story. She originally tried to enter that way, but
wes denied entry and ended up getting a fiancee visa.
 
Old Feb 23rd 2004, 7:36 am
  #17  
WTF?
 
Leslie's Avatar
 
Joined: Aug 2003
Location: Homeostasis
Posts: 79,449
Leslie has a reputation beyond reputeLeslie has a reputation beyond reputeLeslie has a reputation beyond reputeLeslie has a reputation beyond reputeLeslie has a reputation beyond reputeLeslie has a reputation beyond reputeLeslie has a reputation beyond reputeLeslie has a reputation beyond reputeLeslie has a reputation beyond reputeLeslie has a reputation beyond reputeLeslie has a reputation beyond repute
Default Re: Not Even Border Agent Can Stop Love--Article from Colorado Springs Gazette

Was this a slow news day?

Originally posted by David Smith
By PAM ZUBECK - THE GAZETTE

Tom Menzer and Sophie DuBois are legal — in more ways than one.

They did more than become husband and wife when the Colorado Springs
resident and his French bride recently tied the knot.

They complied with DuBois' visa requirement.

DuBois is among those who have run into roadblocks when trying to
enter the United States during the past year.

She was turned away at Detroit Metropolitan Airport on April 29 when a
border patrol agent thought she was trying to enter the United States
illegally — using a tourist visa but intending to marry Menzer to
establish residency.

In truth, DuBois and Menzer planned to live together for a time to
determine whether they wanted to get married.

DuBois was placed on the next plane to France. She then decided to
seek a fiance visa, which required her to marry within 90 days of her
arrival.

She and Menzer didn't wait that long.

Two days after DuBois arrived without hassle in Newark, N.J., she and
her groom said "I do" in a downtown lawyer's office on Valentine's
Day.

Although Menzer resented Uncle Sam dictating the timing, he and DuBois
are blissful.

"We're happy to have married," said Menzer, 37. "As far as the
government influencing what the date and time is, it just means we're
forced to have two weddings."

The second will be an August bash for family and friends in
Pittsburgh, Menzer's hometown.

DuBois, 33, is effusive.

"I'm totally sure," she said, sitting in her apartment surrounded by
bouquets of snap dragons, carnations and lilies, most of them provided
by her husband. "There's no doubt. I know he's the one."

She plucked from a shelf a 2-inch-thick binder containing her
immigration papers, the foundation for her request for temporary
residency, which will allow her to work. She's an engineer, just like
Menzer.

"It appears they'll do that on the spot or within a week or so,"
Menzer said. After that, she'll apply for permanent residency.

Although this story has a happy ending, Menzer thinks the government
should investigate how some border authorities exercise their power.
"I think it comes down to the whole question of checks and balances,"
he said.

An official with the Department of Homeland Security, which oversees
immigration, denied contentions that more people are being returned to
their home countries under the USA Patriot Act, which gives officials
more authority to deter terrorism.

The spokesman acknowledged border agents are more vigilant since the
Sept. 11 attacks but defended their decisions, saying they use their
best judgment based on information available.
Leslie is offline  
Old Feb 23rd 2004, 9:55 am
  #18  
Banned
 
Matthew Udall's Avatar
 
Joined: Sep 2002
Location: United States
Posts: 3,825
Matthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond reputeMatthew Udall has a reputation beyond repute
Default Re: Not Even Border Agent Can Stop Love--Article from Colorado Springs Gazette

Originally posted by David Smith
By PAM ZUBECK - THE GAZETTE

Tom Menzer and Sophie DuBois are legal — in more ways than one.

They did more than become husband and wife when the Colorado Springs
resident and his French bride recently tied the knot.

They complied with DuBois' visa requirement.

DuBois is among those who have run into roadblocks when trying to
enter the United States during the past year.

She was turned away at Detroit Metropolitan Airport on April 29 when a
border patrol agent thought she was trying to enter the United States
illegally — using a tourist visa but intending to marry Menzer to
establish residency.

In truth, DuBois and Menzer planned to live together for a time to
determine whether they wanted to get married.
It's funny how many of these apparently "anti" USCIS articles are written by reporters who don't seem to know much about immigration law or who are unwilling to put in the time and effort to learn a few basic things before rushing their anti USCIS story to print. It seems that most articles that get reposted in this group share that same quality (about the uninformed/uneducated reporters).

Planning on "living together for a time" sounds like immigrant intent to me. Now, planning on visiting to spend a little more time with each other would cut towards nonimmigrant intent (a visit), but "living" together, to me, sounds like immigrant intent.

The reporter seems to think that since they just wanted to "live together" it was incorrect for her to be turned away at the POE (which is of course, an incorrect assumption on the reporters part).

Originally posted by David Smith
DuBois was placed on the next plane to France. She then decided to
seek a fiance visa, which required her to marry within 90 days of her
arrival.

She and Menzer didn't wait that long.

Two days after DuBois arrived without hassle in Newark, N.J., she and
her groom said "I do" in a downtown lawyer's office on Valentine's
Day.

Although Menzer resented Uncle Sam dictating the timing, he and DuBois
are blissful.
Sorry, but Uncle Sam did not dictate the timing of their wedding. They had up to 90 days after her entry (using her K-1 fiancée visa) in which to marry, and even before that, she had a "6 month" window in which to enter (using her K-1 fiancée visa), and "then" after entry an additional 90 days in which to marry. They could have probably easily timed things so they only had to have one ceremony later on in the year. Sounds to me like it was "they" who rushed their wedding to have it on Valentines day (which of course, was "their" choice to make).

Of course, demonizing the government makes for better press, even if it is not an accurate accounting of the situation. Again, this seems to be common (slanting the facts or not doing homework before publishing) for reporters who write anti USCIS stories.

Originally posted by David Smith
"We're happy to have married," said Menzer, 37. "As far as the
government influencing what the date and time is, it just means we're
forced to have two weddings."

The second will be an August bash for family and friends in
Pittsburgh, Menzer's hometown.

DuBois, 33, is effusive.

"I'm totally sure," she said, sitting in her apartment surrounded by
bouquets of snap dragons, carnations and lilies, most of them provided
by her husband. "There's no doubt. I know he's the one."

She plucked from a shelf a 2-inch-thick binder containing her
immigration papers, the foundation for her request for temporary
residency, which will allow her to work. She's an engineer, just like
Menzer.

"It appears they'll do that on the spot or within a week or so,"
Menzer said. After that, she'll apply for permanent residency.
It's one thing for a do-it-yourselfer to be confused about the process they are going through, but I would think a reporter would do her own investigation (when writing her article) into the process instead of simply relying on what their interviewee tells the reporter (attorneys do a similar thing and we formulate our opinion on our own knowledge of the law and not on a client's assumptions or what the client might think is relevant).

In this case, the reporter could have easily found out that one can usually apply for an EAD (work card) at the same time of filing for permanent resident status (reporter used the term "temporary residency") or some time after filing for permanent resident status. This reporter seems to say she can apply for the EAD "before" applying for permanent resident status. Yes, there is the 90 day temporary EAD one could file under category a6, however as Rita has pointed out, that would likely not end up helping the foreign spouse, and there is nothing in the article to suggest the reporter was referring to a category a6 EAD (and since the reporter has been wrong about some very basic immigration concepts and fact patterns already in this article, I assume the reporter was not referring to an EAD under category a6 nor had any idea about the existence of an a6 EAD).

Originally posted by David Smith
Although this story has a happy ending, Menzer thinks the government
should investigate how some border authorities exercise their power.
"I think it comes down to the whole question of checks and balances,"
he said.

An official with the Department of Homeland Security, which oversees
immigration, denied contentions that more people are being returned to
their home countries under the USA Patriot Act, which gives officials
more authority to deter terrorism.

The spokesman acknowledged border agents are more vigilant since the
Sept. 11 attacks but defended their decisions, saying they use their
best judgment based on information available.
I guess Patriot Act bashing is just as in vogue as USCIS bashing. The officers at the points of entry were given unbridled powers over entry back in (I believe) 1996 and the bestowing of those powers has nothing to do with the Patriot Act. Therefore I believe the DHS official mentioned above was correct in his statement.

Last edited by Matthew Udall; Feb 23rd 2004 at 9:59 am.
Matthew Udall is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off



Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.