zeo

Yes she will be back soon! When she comes back she can laugh in the faces of the officers who made her go back!

SecretGarden

I don't think that would be a prudent choice, zeo. Don't advise anyone to do that as someone might take you seriously.

~SG

zeo

Come on I was just joking! I am trying to make him happy that his wife and baby will be back very soon!

Noorah101

netguysc - I've been following this thread and hoping things would be going well after this fiasco. Perhaps her returning to Korea was a blessing in disguise and she can now fill out P3 and get this over with! I hope it all works out for you guys - my thoughts are with you.

A little OT, but interesting - Officer Cruz, at JFK, during my fiance's special registration processing, was carrying on polite conversation with us while he worked. I mentioned that his job is not an easy one and I admire all he has to learn and deal with. He replied (and don't quote me on the numbers, but it's something like this) "Yes, there are something like 75 different visas or ways a person can legally enter the USA. There are also something like 65 reasons for denying them entry upon arrival, and we have to know them all at a moment's notice." Wow! I'm just glad I don't have his job!

Best wishes to you and your wife,
Rene

Folinskyinla

Hi:

I am amused.

The people in ATL could've been nicer -- but it will work out.

BTW, I wasn't kidding about the statement that your wife was NOT "treated like a criminal." Such treatment would have been an improvement.

MarkM

Hi all,

I have just been through a similar experience less than 48 hours ago
in Atlanta international. Came in on a B1/B2 visa after being in the
US for two consecutive 6 month stretches on the same visa. Got briefly
questioned and sent to secondary. Was questioned, had my wallet
searched and interviewed by two officers in a small room.

I have not violated the terms of my visa, but was told they had
information that led them to believe I was working as a software
consultant in the USA (I told them that's my profession). I was very
polite and courteous at all times, and as the interview deteriorated,
I eventually fessed up about the fact that I have been visiting my
fiancee (we've been together for almost 4 years and got engaged a year
ago) and this was in fact the last 6 month stint during which time we
plan to get married.

I believe this gave me an out and they allowed me to withdraw my
request instead of deporting me which means I would have been banned
for 5 years. They said I should have come in on a K1 and they were
sending me back and I should apply from my home country. My home
country is South Africa btw.

I've tried to keep it to the point in this post, but as you can
imaging we're both devastated at being forced apart like this, but
we've knuckled down and are putting together a battle plan as fast as
possible.

So, we're exploring the option of either applying for a K1 and getting
married in the states, or a San Diego law firm claims to be able to
get us a K3 within 2.5 months for South Africa. Apparently they put
the application in 'less busy hands' whatever that means.

Any word on K1 and K3 time frames for South African citizens marrying
Californians?

My fiancee's dad's health is not that great, so to avoid him flying to
South Africa to give away the bride, we're considering getting married
on a K3 in a country like Canada which he can drive to. (he risks
stroke from long plane flights during which cabin pressure is around
8000ft above sea level). Is this a good/bad/indifferent idea? We're
considering K3 because the SD law firm seems to indicate this is the
fastest.

(this is turning into a long post - sorry!)

As to the reason they pulled me into secondary (I noticed the earlier
debate in this thread). I believe it was because they had no record of
my departure from the USA. I left previously after about 5.5 months
and the lack of a record must have been a beurocratic error. Just bad
luck I guess.

Any advice from the fine folks in this forum is much appreciated.
We're looking for K1 and K3 info, particularly how long it takes, and
any pointers in applying for either. Also, what is generally the most
time consuming part of the process.

Thanks again,

Mark.



Folinskyinla <member4043@british_expats.com> wrote in message news:<[email protected]>...
    > Originally posted by netguysc
    > > [
    > > Good luck and my
    > sympathies in this difficult time. It must be very difficult for you
    > both.
    >
    >
    > Yes I can honestly say that is that was worst day of
    > my life (alos started smoking again) and am sure my wife's worst day
    > also.
    >
    > Maybe I will see this Customs officer and accidently vomit on him
    > or something
    >
    > Am planning on flying to Korea this weekend and stay a
    > month with my family and her parents.
    >
    > She signed two papers and she
    > does not know what they were. She said the officer told her to sign or
    > she will be investigated and then banned for five years. he asked her
    > question told her to answer yes or no, when asked she try to explain ...
    > officer said he did not like her attitude etc
    >
    > After talking with my
    > wife again, she said the officer said that the tourists visa was
    > cancelled (no big deal) and to stay in korea until the spousal visa is
    > completed. at least it wasnt cancelled also. My Mom wasx there also
    > during this fiasco and and asked the officer if she could fly back to
    > korea with my wife and baby (to help with the baby) the officer
    > basically told her to shut up or she can be dealt with also, and that
    > the only reason she is even there now was for the baby (she was holding
    > my daughter during this time). At least my wife was not handcuffed to
    > her seat in the plane (what would be the reason for this?)
    >
    > This was
    > also a major embarassment for my wife (many questions from family,
    > friends and neighbors) to put it extremely lightly, questions that she
    > really rather not answer.
    >
    >
    > I know that customs has a hard job and that
    > they do a good job for the most part, but damn, even though we took
    > chances that we should not have, we did not and were not planning on
    > doing anything illegal. i almost wish we went with the illegal method
    > of her visiting and claiming we just met and had a spontaneous marriage,
    > or at least have her fly into Canada and cross the boarder there by
    > wadeing across a stream or running thru a forest
    >
    > I hate my wife was
    > treated like this for she isn't a criminal, has never been arrested,
    > used druigs etc. She is a sixth grade school teacher.
    >
    > Like I said, I
    > know that customs are a necessity and have a hard job, but i was just
    > thinking that if you are doing nothing wrong and tell the truth then you
    > basically have no problem. BUt honestly I do understand why the officer
    > was suspicious. I guess we become overconfident for this isnt the first
    > time that she visited and had never had a problem before.
    >
    > > Thanks to
    > everyone who responded.....
    >
    > Hi:
    >
    > I beg to disagree that she
    > was "treated like a criminal." Unlike a criminal suspect, applicants
    > for entry have almost no rights. There is nothing in her description to
    > indicate she was treated with anything near the dignity and rights
    > incident to a criminal arrest.
    >
    > Unfortunately, the trend in the law is
    > to NOT treat them "like criminals".

Mrtravelkay

MarkM wrote:
    >
    >
    > So, we're exploring the option of either applying for a K1 and getting
    > married in the states, or a San Diego law firm claims to be able to
    > get us a K3 within 2.5 months for South Africa. Apparently they put
    > the application in 'less busy hands' whatever that means.

Whatever it means, don't trust it. However, if you do decide to go that
route, ask them to put it in writing..... If they do that, then
maybe they can be trusted.

    >
    > Any word on K1 and K3 time frames for South African citizens marrying
    > Californians?
    >
    > My fiancee's dad's health is not that great, so to avoid him flying to
    > South Africa to give away the bride, we're considering getting married
    > on a K3 in a country like Canada which he can drive to.

The problem with this is that you first have to get married before you
can start the K3 process. So. you would be going to Canada, getting
married, then heading back to South Africa for the K-3.

Good luck.. If you really just completed 2 back to back 6 month visits
with a very short time between visits, the third attempt was pushing it.
After a year, they had reason to believe you were living (and working)
in the US. One other thing to note.. If you enter on K-1 or K-3, it
might be awhile before you can work a permanent job. K-1's are entitled
to a 90 work permit, but it takes more than 90 days to get the one year
one, and you would have to get married before applying for that.

Matthew Udall

It's not weird at all. Each entry is independent of a prior entry, and each entry requires a new officer make a judgment call as to whether or not to allow someone into the U.S.

And again, there is no way a POE supervisor can "pre-clear" or tell someone what will satisfy a particular officer on any given future day and attempted entry.

I think you are trying to make entry into the U.S. an "automatic" thing, when it simply is not that way at all (not by a looooooooong shot).

And I appreciate you saying your use of the words NO PROBLEM 100% was just a figure of speech, however it is a figure of speech that should "NEVER" be used in a sentence where you attempt to describe the realities of what can happen at the POE.

lairdside

In layman's terms I tend to think of it in the following way:

Immigrant intent?

Yes, an eventual intention to immigrate to the US....BUT not on this visit.

Too right this lady was not treated like a criminal, although I noted that they certainly make you feel like one

Criminals within the US have Constitutional rights, something most immigrants have not the benefit of.

zeo

lol ok sorry about using those words, I will be more carefull now.

robert jcarlson

why come on a tourist visa?

netguysc

Because she had one and if she did not visit on a tourists visa I would not have been able to see my wife and child but four weeks a year on my vacations from my job of 15 years.

zeo

ya but she was able to come before many times, why did they stop her this time? She did nothing wrong, she had a valid tourists visa.

lairdside

Presumably because they suspected that she had immigrant intent. For which a tourist visa is not the appropriate visa.

zeo

True but how could they have suspected it this time instead of before? I hope the husband can answer this question.