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Almost sent back on first plane home

Almost sent back on first plane home

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Old Jul 22nd 2014, 2:06 am
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Default Almost sent back on first plane home

This is a story I'd like to share and hopefully not worry any future Brits ready to make the move to the USA.

Basically, I married my American wife here in California over two years ago and she decided to pack her bags and move to England instead.

After several months of eagerly awaiting her UK Spouse Visa it was decided we're spend the rest of our life in the States.

Our son; born in the UK has dual citizenship and at the US Embassy in London when we was sorting out his passport, my wife asked, 'What procedure we should take getting my Green Card?'

The reply was positive and after finding out that I was married in the States we could apply for all of that once I moved.

After a long flight via Iceland and before heading to Sacramento we landed at Seattle and at Homeland Security I received a 'red card', after explaining my story and saying that I had a meeting with immigration on Friday.

Another Officer was ready to send me on the first plane back to Heathrow after saying that I should have done more research about moving to the USA. However, since I was travelling with my young son and wife he granted me a four-month Visa only if I would book a flight home in his presence so they knew genuinely I was going to go back.

He thought he was doing me a favor and I guess he was, but you can imagine how horrible I felt for the next few days knowing I'd have to return to the UK leaving my wife and 4-month-old son behind.

Then, on that Friday I went for my immigration interview and tho' and behold', Immigration in Sacramento said, 'That they had never heard so much rubbish' and we was in the right and the Homeland Security Guard in the wrong.

Six weeks later I applied for my Green and Residence Card and it took just three months to get here.

Imagine the hassle if I had to return to the UK and the much likelier further delay on moving to the States.

Last edited by Freddy_Fulham; Jul 22nd 2014 at 2:08 am.
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Old Jul 22nd 2014, 2:10 am
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Default Re: Almost sent back on first plane home

Congratulations on your incredible lucky result.
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Old Jul 22nd 2014, 3:19 am
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Default Re: Almost sent back on first plane home

Somebody was certainly looking after you.
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Old Jul 22nd 2014, 3:21 am
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Default Re: Almost sent back on first plane home

Originally Posted by S Folinsky
Congratulations on your incredible lucky result.
I'm not saying anything ...
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Old Jul 22nd 2014, 3:34 am
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Default Re: Almost sent back on first plane home

What was this "immigration interview" you had on that Friday? What was that for?

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Old Jul 22nd 2014, 3:39 am
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Default Re: Almost sent back on first plane home

Originally Posted by Freddy_Fulham
This is a story I'd like to share and hopefully not worry any future Brits ready to make the move to the USA.

Basically, I married my American wife here in California over two years ago and she decided to pack her bags and move to England instead.

After several months of eagerly awaiting her UK Spouse Visa it was decided we're spend the rest of our life in the States.

Our son; born in the UK has dual citizenship and at the US Embassy in London when we was sorting out his passport, my wife asked, 'What procedure we should take getting my Green Card?'

The reply was positive and after finding out that I was married in the States we could apply for all of that once I moved.

After a long flight via Iceland and before heading to Sacramento we landed at Seattle and at Homeland Security I received a 'red card', after explaining my story and saying that I had a meeting with immigration on Friday.

Another Officer was ready to send me on the first plane back to Heathrow after saying that I should have done more research about moving to the USA. However, since I was travelling with my young son and wife he granted me a four-month Visa only if I would book a flight home in his presence so they knew genuinely I was going to go back.

He thought he was doing me a favor and I guess he was, but you can imagine how horrible I felt for the next few days knowing I'd have to return to the UK leaving my wife and 4-month-old son behind.

Then, on that Friday I went for my immigration interview and tho' and behold', Immigration in Sacramento said, 'That they had never heard so much rubbish' and we was in the right and the Homeland Security Guard in the wrong.

Six weeks later I applied for my Green and Residence Card and it took just three months to get here.

Imagine the hassle if I had to return to the UK and the much likelier further delay on moving to the States.
I agree that you were lucky. Any consular official that would tell you to take care of the green card once you arrive in the US is a complete imbecile. You could have been barred on the spot for 5 years simply for seeking entry as a visitor with the intent to reside permanently in the US or refused depending on if you had a visa or visa waiver. They may have taken pity on you due to your honesty, and terrible information received from the Consulate.
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Old Jul 22nd 2014, 4:43 am
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Default Re: Almost sent back on first plane home

BTW, I saw no reference to a "consular officer" in the scenario. Diplomatic posts have "FSN" employees who do most of the public interface.
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Old Jul 22nd 2014, 4:53 am
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Default Re: Almost sent back on first plane home

Originally Posted by Freddy_Fulham
This is a story I'd like to share and hopefully not worry any future Brits ready to make the move to the USA.

Basically, I married my American wife here in California over two years ago and she decided to pack her bags and move to England instead.

After several months of eagerly awaiting her UK Spouse Visa it was decided we're spend the rest of our life in the States.

Our son; born in the UK has dual citizenship and at the US Embassy in London when we was sorting out his passport, my wife asked, 'What procedure we should take getting my Green Card?'

The reply was positive and after finding out that I was married in the States we could apply for all of that once I moved.

After a long flight via Iceland and before heading to Sacramento we landed at Seattle and at Homeland Security I received a 'red card', after explaining my story and saying that I had a meeting with immigration on Friday.

Another Officer was ready to send me on the first plane back to Heathrow after saying that I should have done more research about moving to the USA. However, since I was travelling with my young son and wife he granted me a four-month Visa only if I would book a flight home in his presence so they knew genuinely I was going to go back.

He thought he was doing me a favor and I guess he was, but you can imagine how horrible I felt for the next few days knowing I'd have to return to the UK leaving my wife and 4-month-old son behind.

Then, on that Friday I went for my immigration interview and tho' and behold', Immigration in Sacramento said, 'That they had never heard so much rubbish' and we was in the right and the Homeland Security Guard in the wrong.

Six weeks later I applied for my Green and Residence Card and it took just three months to get here.

Imagine the hassle if I had to return to the UK and the much likelier further delay on moving to the States.
Welcome. I'm in Sacramento and there is quite a large expat community in the area. PM me if you're interested in their meetups.
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Old Jul 22nd 2014, 12:19 pm
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Default Re: Almost sent back on first plane home

Originally Posted by S Folinsky
BTW, I saw no reference to a "consular officer" in the scenario. Diplomatic posts have "FSN" employees who do most of the public interface.
Good point. It could have been anyone, including locally engaged staff.
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Old Jul 22nd 2014, 12:46 pm
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Default Re: Almost sent back on first plane home

Originally Posted by Freddy_Fulham
The reply was positive and after finding out that I was married in the States we could apply for all of that once I moved.
The person lied to you - as it is illegal to enter the US as a visitor with the intent to stay to adjust status. As others have noted... you were lucky!


Imagine the hassle if I had to return to the UK and the much likelier further delay on moving to the States.
Yes - it'd be terrible to have to actually follow the law rather than skirt around it as you did. You "got away with it"... others might not be so lucky.

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Old Jul 22nd 2014, 1:11 pm
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Default Re: Almost sent back on first plane home

Originally Posted by ian-mstm
You "got away with it"... others might not be so lucky.
+1

The OP got lucky in several ways especially having a CBP officer let him enter the US when the OP had intent to remain and am interviewing officer that either didn't know the law or decided not to enforce the law.
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Old Jul 22nd 2014, 2:10 pm
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Default Re: Almost sent back on first plane home

What "4 month visa" can you get at the POE? I guess this was a humanitarian parole?

What "immigration interview" can you get before actually applying for LPR status? I guess this was an INFOpass?
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Old Jul 22nd 2014, 3:13 pm
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Default Re: Almost sent back on first plane home

Originally Posted by jxv73
What "4 month visa" can you get at the POE? I guess this was a humanitarian parole?

What "immigration interview" can you get before actually applying for LPR status? I guess this was an INFOpass?
I assumed that he was just using incorrect terminology and meant he already had the adjustment of status interview but that is unlikely since that usually takes longer than 4 months.
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Old Jul 22nd 2014, 9:27 pm
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Default Re: Almost sent back on first plane home

Wow. This really could (and should) have ended in disaster - I would advise anyone who lands here as a result of a search to NOT do this and to do things the right way.
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Old Jul 22nd 2014, 9:47 pm
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Default Re: Almost sent back on first plane home

Originally Posted by Freddy_Fulham

The reply was positive and after finding out that I was married in the States we could apply for all of that once I moved.
For completeness sake, and for anyone looking at this thread for their immigration journey:

The proper procedure would be for the American spouse to apply for an immigrant visa petition (via form I-130) before the UK citizen leaves the UK.

The application is processed (medicals and interviews are conducted in the UK) and if granted, the UK spouse can then move to the states.
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