Rockabilly Cat

A long story kept short (or at least as short as I can)
Me - UK
She - Texas, US

Met on internet June 2001, since then she has visited here for 3 long
weekends, I visited US for 6 separate weeks. Last trip went over with
daughter in July for 90 day stay, rented a little shack, put my savings
into a bank account for safe keeping. My daughter made friends and
enquiries were made re having her schooled during our stay, the school
were told on more than one occasion that our stay was temporary but they
were adamant that as I had a residential address that there were no
problems with her attending school.
Anyway at 90 day end we terminated our rent, cleaned out the last
coffers in the account and returned to UK.
Missed my girl so much that after 3 weeks back we organised going back
out for another 90 days but we were stopped in Philadelphia, refused
entry and sent back to the UK, the reason given was that I had broken
the law by having my daughter schooled, all my protesting that I had
checked and double checked fell on deaf ears.
My girls divorce is now through and she is starting the I-129F
procedure, I'm worried though that the fact that we were refused entry
last time and that I had a bank account may go against us.
Also worried that she has always been a homemaker as have I for the last
3 years so no brilliant employment history between us to show although
it is my intention to seek work in the US as soon as legally able so she
can continue to be the homemaker.

Can Anyone Advise
Thanks In Advance
Graham

sibsie

How did Immigration know that your daughter had attended school there?

I haven't seen anywhere that states you have to show intent to want to work. There will be an affidavit of support from her that will be needed though.

lpdiver

If her income isn't currently 125% of poverty level you will need a sponser. And schooling your kid on Uncle Sams dollar is a big no no from what I understand. Consult a lawyer. Lacking that I would try to get the 'officials' that urged you to enroll your child to write a letter.

This is one of the frustrating things about immigrations. Lots of people give advice. Few are qualified including many immigrations attorney and worse of all USCIS personnel themselves. They are virtually unaccountable for incorrect information that they dispense. Information that often causes great financial harm and emotional distress.

/good luck

ironporer

The denial of entry should pose no problem for the I-129F...make sure it is disclosed in your cover letter and in the (G-325?) forms asking about US visits and deportations and such. In our K-1 petition we did it thusly and were approved with no problem (approved AFTER sending a letter to cancel it...due to our marriage in Gibraltar and filing DCF)

The lack of a job may pose a bigger problem to you, as you will need a co-sponser from the sounds of it. Also don't count on working immediately- be prepared for 6 months-1 year waiting for EAD/SSN/AOS.

Perhaps one of the attorneys will post answering about the bank account and school issues...I don't know the answer (seems like that should not be an issue to me anyway)

lpdiver

Again ask an attorney...but I think public schooling of a child and thus receiving benifits of being a U.S. citizen WILL be an issue. I would try to document what happened, offer to reimburse, talk to an attorney and oh yes one more thing...talk to an attorney. This is somewhat similar to my case and could (repeat could) be construed as immigration fraud.

Rockabilly Cat

We were stopped at the airport, asked why we were coming back for
another 3 months - accused me of coming back in to marry (my girl was
still married at that time but they wouldn't listen) and they asked what
we had done the previous 3 months we'd been across, my daughter of 8
just piped up that she'd gone to school and loved it. Had I known it was
against any laws to enroll her then obviously I would not have done so.

We live and learn !!!!!

Graham


sibsie <member17406@british_expats.com> wrote in
news:[email protected]:

    >
    > How did Immigration know that your daughter had attended school there?
    >
    >
    >
    > I haven't seen anywhere that states you have to show intent to want to
    > work. There will be an affidavit of support from her that will be
    > needed though.
    >
    >

GiveMeStrength

Do you have any idea what they wrote in the back of your passport? It will be something like 212(a)....

There have been quite a few people on this board who have been denied entry and have successfully made it through the process.

You were fortunate to have been denied entry. In our case, my boyfriend at the time also had a bank account and a car while he was here on a tourist visa. He was subsequently issued an expedited removal which is basically a deportation. While its not illegal to have a bank account and/or a car, it certainly appears to the POE officers that there is immigrant intent.

Rockabilly Cat

Wtitten on the opening front page it's handwritten:-
A96204165 Visa Waiver Refusal 212.721 7022

The craziest part to me was they stamped my daughters passport as being
admitted saying "I'm doing you a favour by not marking her as I have
you" What the hell did that mean?

Graham


GiveMeStrength <member9740@british_expats.com> wrote in
news:[email protected]:

    >
    >
    >
    > Do you have any idea what they wrote in the back of your passport? It
    > will be something like 212(a)....
    >
    >
    >
    > There have been quite a few people on this board who have been denied
    > entry and have successfully made it through the process.
    >
    >
    >
    > You were fortunate to have been denied entry. In our case, my
    > boyfriend at the time also had a bank account and a car while he was
    > here on a tourist visa. He was subsequently issued an expedited
    > removal which is basically a deportation. While its not illegal to
    > have a bank account and/or a car, it certainly appears to the POE
    > officers that there is immigrant intent.
    >
    >

SecretGarden

Hi Graham,
It would be wise of you to consult an immigration attorney before you go much further in your process.

While I'm certainly sorry for your situation and can completely relate to missing your partner, I am wondering about your daughter---I don't know if you were married to her mother or who has custody of the little girl, but if you're planning to move to the US with her you will have to provide a court document stating that you have custody of her before they will let you take her.

That said, what in the world are you thinking? I'm not trying to be judgemental, but an eight year old girl needs to be in a consistent and structured environment, (school in the *UK* being part of that) not traipsing all over the world for three months at a time, staying in a "shack" and hanging with her father's girlfriend. (I'm using your word, not sure if you were being serious or not).

I'm sorry if this sounds harsh, and I don't mean to berate your for your choices, (I'm sure that your daughter had a lovely time here and made friends as well), but it's up to the parents to make choices based on the best interests of their children, no matter how cool and exciting the little ones think it all is.

Please, my apologies as I know you didn't come here to get a lecture about child raising. I just have to wonder about your choices as you have presented them. Good Luck.

~SecretGarden
~and Mr. Pink
(Interview Jan. 6th)

MrsLondon

It might be worth considering getting a job in the UK, getting a few payslips under your belt, then getting your girlfriend a UK fiancée visa. You then marry in the UK, get her UK spousal visa and do DCF. That way you'll get an immigrant visa (much quicker too) and you'll be able to start work immediately in the US (well as soon as you get your SSN which I think is also quicker via DCF).