Reasons for Greencard refusal?
Oct 26th 2006, 7:42 am
#46
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: Reasons for Greencard refusal?
Originally Posted by chiffon via ImmigrationKB.com
Anyway do you need a visa to
enter
with a Portugese passport? you need a visa stamp to AOS.
enter
with a Portugese passport? you need a visa stamp to AOS.
Rene
Oct 26th 2006, 8:28 am
#47
Concierge
Joined: Apr 2001
Posts: 46,477
Re: Reasons for Greencard refusal?
Originally Posted by chiffon via ImmigrationKB.com
since you have marry within 60 days of entry. You probably have to prove
you have
no intent to marry when you enter the border
You should really check with a great lawyer
Message posted via http://www.immigrationkb.com
you have
no intent to marry when you enter the border
You should really check with a great lawyer
Message posted via http://www.immigrationkb.com
Very Very UNTRUE. It is an Urban Legend. It applies to Consular interviews and not in-country AOS interviews.
Oct 26th 2006, 8:44 pm
#48
Guest
Posts: n/a
Re: Reasons for Greencard refusal?
Boiler wrote:
> She presumably has dual citizenship?
> And the Portugese one allows use of the VWP.
If she had double citizenship she could have used the VWP from the
beginning, rather than going through the hassle of applying for a visa.
The fact that she later entered with a Portuguese passport may well
give rise to suspicion that she only got Portuguese citizenship to get
into the US, which is entirely correct.
> She presumably has dual citizenship?
> And the Portugese one allows use of the VWP.
If she had double citizenship she could have used the VWP from the
beginning, rather than going through the hassle of applying for a visa.
The fact that she later entered with a Portuguese passport may well
give rise to suspicion that she only got Portuguese citizenship to get
into the US, which is entirely correct.
Oct 26th 2006, 11:20 pm
#49
I'm back!
Joined: Jul 2002
Location: Richmond, VA, USA
Posts: 4,316
Re: Reasons for Greencard refusal?
Originally Posted by Marco
If she had double citizenship she could have used the VWP from the beginning, rather than going through the hassle of applying for a visa. The act that she later entered with a Portuguese passport may well give rise to suspicion that she only got Portuguese citizenship to get into the US, which is entirely correct.
The OP clearly stated that his then-fiancee only decided to take on dual Brazilian/Portuguese citizenship when, as a Brazilian citizen alone, she was denied a US tourist visa. When that fact is coupled with the fact that she then used her brand-spanking-new Portuguese passport to enter the US on the VWP, marry and apply to adjust status, that's what -- TO ME -- could make immigration officials look a little bit more closely at her case. I'm not saying they WILL, but that they MIGHT.
Going further, we still haven't heard back from the OP about how she answered Question F on the I-94W card ("Have you ever been denied a U.S. visa or entry into the U.S. or had a U.S. visa canceled?"). The last time he posted was post #19; my post here is #49. I'm curious as to why he's stopped posting...
~ Jenney
Oct 27th 2006, 1:45 am
#50
Guest
Posts: n/a
Re: Reasons for Greencard refusal?
Well, I would like to add to my earlier message that I know of
two cases that have gotten denial for misrepresentation.
The first is about six month ago. The spouse is from Singapore.
The second case I read from last week.
She is a Canadian citizen who used the VWPto enter.
At the border, She told the custom/border officer that she
will be visiting friend. After entry, She married her boyfriend and
file for AOS. Her AOS was denied. The reason is the USCIS
suspect when she cross the border, She did not declared her
real intention for entry to the custom/border officers.
Jenney & Mark wrote:
>> > She presumably has dual citizenship?
>> > And the Portugese one allows use of the VWP.
>[quoted text clipped - 5 lines]
>> give rise to suspicion that she only got Portuguese citizenship to get
>> into the US, which is entirely correct.
>This touches on what I was trying to say in my first response.
>The OP clearly stated that his then-fiancee only decided to take on dual
>Brazilian/Portuguese citizenship when, as a Brazilian citizen alone, she
>was denied a US tourist visa. When that fact is coupled with the fact
>that she then used her brand-spanking-new Portuguese passport to enter
>the US on the VWP, marry and apply to adjust status, that's what -- TO
>ME -- could make immigration officials look a little bit more closely at
>her case. I'm not saying they WILL, but that they MIGHT.
>Going further, we still haven't heard back from the OP about how she
>answered Question F on the I-94W card ("Have you ever been denied a U.S.
>visa or entry into the U.S. or had a U.S. visa canceled?"). The last
>time he posted was post #19; my post here is #49. I'm curious as to why
>he's stopped posting...
>~ Jenney
--
Message posted via ImmigrationKB.com
http://www.immigrationkb.com/Uwe/For...riage/200610/1
two cases that have gotten denial for misrepresentation.
The first is about six month ago. The spouse is from Singapore.
The second case I read from last week.
She is a Canadian citizen who used the VWPto enter.
At the border, She told the custom/border officer that she
will be visiting friend. After entry, She married her boyfriend and
file for AOS. Her AOS was denied. The reason is the USCIS
suspect when she cross the border, She did not declared her
real intention for entry to the custom/border officers.
Jenney & Mark wrote:
>> > She presumably has dual citizenship?
>> > And the Portugese one allows use of the VWP.
>[quoted text clipped - 5 lines]
>> give rise to suspicion that she only got Portuguese citizenship to get
>> into the US, which is entirely correct.
>This touches on what I was trying to say in my first response.
>The OP clearly stated that his then-fiancee only decided to take on dual
>Brazilian/Portuguese citizenship when, as a Brazilian citizen alone, she
>was denied a US tourist visa. When that fact is coupled with the fact
>that she then used her brand-spanking-new Portuguese passport to enter
>the US on the VWP, marry and apply to adjust status, that's what -- TO
>ME -- could make immigration officials look a little bit more closely at
>her case. I'm not saying they WILL, but that they MIGHT.
>Going further, we still haven't heard back from the OP about how she
>answered Question F on the I-94W card ("Have you ever been denied a U.S.
>visa or entry into the U.S. or had a U.S. visa canceled?"). The last
>time he posted was post #19; my post here is #49. I'm curious as to why
>he's stopped posting...
>~ Jenney
--
Message posted via ImmigrationKB.com
http://www.immigrationkb.com/Uwe/For...riage/200610/1
Oct 27th 2006, 2:12 am
#51
BE Forum Addict
Joined: Feb 2004
Location: Philadelphia, PA
Posts: 1,516
Re: Reasons for Greencard refusal?
Originally Posted by chiffon via ImmigrationKB.com
Well, I would like to add to my earlier message that I know of
two cases that have gotten denial for misrepresentation.
The first is about six month ago. The spouse is from Singapore.
The second case I read from last week.
She is a Canadian citizen who used the VWPto enter.
At the border, She told the custom/border officer that she
will be visiting friend. After entry, She married her boyfriend and
file for AOS. Her AOS was denied. The reason is the USCIS
suspect when she cross the border, She did not declared her
real intention for entry to the custom/border officers.
two cases that have gotten denial for misrepresentation.
The first is about six month ago. The spouse is from Singapore.
The second case I read from last week.
She is a Canadian citizen who used the VWPto enter.
At the border, She told the custom/border officer that she
will be visiting friend. After entry, She married her boyfriend and
file for AOS. Her AOS was denied. The reason is the USCIS
suspect when she cross the border, She did not declared her
real intention for entry to the custom/border officers.
...Canadians don't use the VWP...
Oct 27th 2006, 2:26 am
#52
Account Closed
Joined: Mar 2004
Posts: 2
Re: Reasons for Greencard refusal?
Originally Posted by Marco
Boiler wrote:
> She presumably has dual citizenship?
> And the Portugese one allows use of the VWP.
If she had double citizenship she could have used the VWP from the
beginning, rather than going through the hassle of applying for a visa.
The fact that she later entered with a Portuguese passport may well
give rise to suspicion that she only got Portuguese citizenship to get
into the US, which is entirely correct.
> She presumably has dual citizenship?
> And the Portugese one allows use of the VWP.
If she had double citizenship she could have used the VWP from the
beginning, rather than going through the hassle of applying for a visa.
The fact that she later entered with a Portuguese passport may well
give rise to suspicion that she only got Portuguese citizenship to get
into the US, which is entirely correct.
Nothing wrong with that.
But not declaring the previous refusal is a big issue.
Oct 27th 2006, 2:56 am
#53
Guest
Posts: n/a
Re: Reasons for Greencard refusal?
Boiler,
Yes, I understand that. I've read the thread. My point was that
USCIS, which has not read the thread, is likely to have the same
question. And once they have asked and received the answer they are
likely to ask follow-up questions.
Randy asked what he should be aware of, and this is one possibility
that he should be prepared for. His apparent assumption that the
denied visa application is well hidden may be a bad assumption, and the
approach taken to getting the woman into the USA since the visa denial
may seem a bit devious to someone whose job is to be skeptical.
Regards, JEff
Boiler wrote:
> > Randy,
> >
> > Maybe explaining why a Brazilian woman is traveling on a Portuguese
> > passport rather than a Brazilian one? Could lead to a whole series of
> > other questions.
> >
> > Regards, JEff
> >
> > [email protected] wrote:
> > > Anything else we should be aware of or worried about?
> > >
> > > Many thanks in advance!!!
> > >
> > > Randy and Elzi
> She presumably has dual citizenship?
>
> And the Portugese one allows use of the VWP.
Yes, I understand that. I've read the thread. My point was that
USCIS, which has not read the thread, is likely to have the same
question. And once they have asked and received the answer they are
likely to ask follow-up questions.
Randy asked what he should be aware of, and this is one possibility
that he should be prepared for. His apparent assumption that the
denied visa application is well hidden may be a bad assumption, and the
approach taken to getting the woman into the USA since the visa denial
may seem a bit devious to someone whose job is to be skeptical.
Regards, JEff
Boiler wrote:
> > Randy,
> >
> > Maybe explaining why a Brazilian woman is traveling on a Portuguese
> > passport rather than a Brazilian one? Could lead to a whole series of
> > other questions.
> >
> > Regards, JEff
> >
> > [email protected] wrote:
> > > Anything else we should be aware of or worried about?
> > >
> > > Many thanks in advance!!!
> > >
> > > Randy and Elzi
> She presumably has dual citizenship?
>
> And the Portugese one allows use of the VWP.
Oct 27th 2006, 10:00 am
#54
Account Closed
Joined: Aug 2002
Location: Kentucky
Posts: 38,865
Re: Reasons for Greencard refusal?
Originally Posted by chiffon via ImmigrationKB.com
The second case I read from last week. She is a Canadian citizen who used the VWPto enter.
Ian
