CaliforniaBride

On reading the article it appears that the wife was using the VWP to reside in the US. The link to the information on the London embassy website clearly states that this is not allowed.

I would argue that her on her re-entry she clearly intended to reside in the US. She hadn't even applied for a K3 visa which would have allowed her to stay legally. What made them think for one moment that her K3 application could wait and the VWP would suffice?

As for the reference to 'advanced parole' it is my understanding that this doesn't apply until at least after you have attained a K3 visa and so would not be relevant to this case.

At POE spouses (without residence visas) are open to the same
scrutinies as any other visitor to the US. We have to prove that we will return to the UK at the end of our visit. One of the most accepted pieces of evidence is proof of residence in your own country. As it appears she was residing with her husband in the US she had NO chance of satisfying immigration at POE of her intention to return.

It's a shame that she was misinformed. But on reading the article it doesn't seem that either she or her husband had a clue about the correct process.

CB

Mrt

CalgaryAMC wrote:

    >
    > If it is grossly incorrect, I apologise. I hope I can be forgiven
    > though:
    >
    > ]http://www.newzcentral.com/articles/...front/daily02-
    > txt[/url]
    >

Well, the good news is, due to preinspection in Canada, she didn't have
to fly all of the way to the US to get turned back.



**************************************
Eric insists they were told by customer service agents with the Bureau
of Citizenship and Immigration Service (BCIS) on several occasions that
Megan is free to travel on a tourist visa if they hadn't yet filed an
application for her K-3 spouse visa.
*****************************************

I think they are confused "free to travel" with "residing in the US".
If she had a home in Canada and ample evidence she was only visiting in
the US, then she would be able to visit in the US. In this case though,
she was living in the US.