Girlfriend barred from entering US :(

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marshall
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10 Jun 2016, 6:38 pm

She is from Turkey. We met online in may of 2015. She came for a month over Christmas and New Years on a tourist vise no problem. She was going to spend four months with me this summer. I waited for 2 hours at customs in the airport before asking what was wrong. They told me she was "inadmissible" with no details. She had a 6 month tourist visa, yet they grilled her on the amount of time she was planning to stay. They took her visa away and had the airline immediately rebook her on a flight back home. She was forced to travel for over 50 hours total. It was awful for her. Absolutely no refund either. It seems like the rules are completely arbitrary. These customs agents just get up in the morning everyday knowing it is their job to ruin people's lives. I'm just raw and bitter now.



kraftiekortie
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10 Jun 2016, 6:42 pm

I'm so sorry, buddy, that this happened!

Yes, it does seem arbitrary to me. I hope you are able to get some sort of explanation.

Do you have the financial ability to go to Turkey? Not saying you should spend four months there. It would be an interesting trip, though.

I would be pissed and devastated if I were in your shoes right now.



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10 Jun 2016, 6:48 pm

I guess the only thing she could so is re-apply for the visa.

I'm really sorry this happened, my friend.



marshall
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10 Jun 2016, 6:55 pm

kraftiekortie wrote:
I'm so sorry, buddy, that this happened!

Yes, it does seem arbitrary to me. I hope you are able to get some sort of explanation.

Do you have the financial ability to go to Turkey? Not saying you should spend four months there. It would be an interesting trip, though.

I would be pissed and devastated if I were in your shoes right now.

Apparently they can do whatever they want to screen people. There are no rights when you have no official status. The reason is they guessed she was coming to marry and they don't want to make it too easy for people to do that so they throw red tape at you. She didn't immediately tell them she was coming to see me, but they grilled her until she gave up and admitted it. They made her feel like a criminal. Nasty. We had no idea. We were completely blindsided.

What the actual visa says has no barring on what they are allowed to do. They want people to get a fiance visa, but that takes 6-9 months. I should have applied for one 6 months ago, but I wasn't sure I wanted to commit just yet and thought the tourist visa would be fine. Now I'm paranoid they might deny the fiance visa. The only way I'm doing it is to have a lawyer help, but it costs $3000. It is a huge pain and I still have to wait 6-9 months.



kraftiekortie
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10 Jun 2016, 7:01 pm

Only do this if you REALLY like the girl.

And if you trust her.

It's a friggin' shame! I know you were looking forward to seeing her.



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10 Jun 2016, 9:27 pm

That's heartbreaking


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BirdInFlight
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11 Jun 2016, 8:47 am

It's not arbitrary even though it feels harsh to the people experiencing it. There are requirements of a person entering on a very long visitor visa. That person must bring with them different kinds of proof to show that they truly are intending only to visit, and that they have sufficient ties to their home country that they must return to.

It's even normal on a long visitor visa to be required to produce proof of ongoing employment back home that their employer is expecting them back at; or -- proof of ongoing education back home that they are expected to return to. Also, a copy of a lease or mortgage to prove that the visitor has not just "upped sticks" and left their home, but that they have a home they are returning to; and also, the visitor must declare that they have enough money to actually cover a reasonable estimation of what their living expenses will be for the duration of their visit to the United States.

Also -- BE HONEST from the START about who they are visiting and why they are visiting them. If it comes out later in the "interrogation" that she's visiting a boyfriend rather than the reason she initially told them -- as happened in this case -- they will be much harsher because of that deception and yes, send the person back on the next flight not because she's visiting a boyfriend but because she attempted to hide that -- it's the deception that raises red flags for them.

If your girlfriend did not fulfill the money requirement or any of the proofs of ongoing ties that will compel her to return to her country when she says she will (ie the end of her visa term), rejecting her right to enter will be the outcome, and particularly the initial evasion about reason for visit will definitely rankle them. I've been a member of a support forum for US and UK people some of whom had long distance relationships and they frequently posted about years of making regular visits to each other, and how anything other than a fiance visa was always looked at with much more suspicion, even the frequency of visits could be a no-no. Those people would post about ALWAYS being upfront and say "I'm visiting my boyfriend/girlfriend", always have proof of funds to finance their own stay without working illegally (another thing they are BIG on monitoring) and always bring and produce hard proof of ties to their own country that need them back after the six months --- work obligations, a home still being maintained etc. Without those proofs of ties and obligations they can and do and will believe she's trying to sneak in and stay indefinitely unofficially.



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11 Jun 2016, 9:06 am

marshall wrote:
...What the actual visa says has no barring on what they are allowed to do. They want people to get a fiance visa, but that takes 6-9 months. I should have applied for one 6 months ago, but I wasn't sure I wanted to commit just yet and thought the tourist visa would be fine. Now I'm paranoid they might deny the fiance visa. The only way I'm doing it is to have a lawyer help, but it costs $3000. It is a huge pain and I still have to wait 6-9 months...
For $3000 you could go to Turkey, marry her, bring her back as your wife, then throw a big wedding party at home after the dust settles. Sounds like more fun than getting a lawyer.

Well $3000 doesn't cover the party but you should know what I mean.

If you do go to Turkey, you might want to take a couple of people with you so that you seem more like a tourist (a lone wolf could arouse suspicion, I suppose) also book a hotel in an obvious tourist place like Bodrum or Cappadocia. If you're really paranoid you might want to consider traveling to a neighboring country such as Bulgaria then traveling by rail. I think rail passengers might get less scrutiny than air passengers. Just keep the Syrian situation in mind insofar as there is probably more scrutiny at border crossings these days in Southeastern Europe and Southwestern Asia compared to a couple of years ago.

Although I don't know what laws might apply. The biggest risk is that the US doesn't think it's a legitimate marriage (which can happen) - I don't know how you would prove otherwise. If you have enough income and can show that you can support her, that might help - as it may be some time before she can legally work in the US. You can probably Google this stuff.


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11 Jun 2016, 11:15 am

The American party proving enough income to support her is definitely part of the process you will eventually have to go through.

But it's not as simple as just marrying her outside the US and "bringing her home" end of story. It only just begins then!

You will have to file application papers on changing her status to Permanent Resident Alien. You will have to fill out forms practically an inch thick, provide proof of your own citizenship, proof of ability to support her (yes she won't be permitted to work or apply for a US social security number for quite some time) and she will not be permitted to apply for welfare to fill that gap either. She has to have no criminal record and last I heard she will even be sent for a medical. I don't know if they've stopped that but they did that, even an AIDS test. You will be interviewed regarding your relationship and you will be asked to provide artifacts of your history as a couple - photos of your wedding, photos together socially,even a record of your communications, your visits to each other, how much contact you've had together in the form of phone calls or skyping or visiting. They WILL want to look into this stuff once you're into the application process for resident alien status. And you don't just get straight to citizenship -- she has to apply for permanent resident alien first and then it's a period of several years until she can then make a whole other round of form filling and fee paying for full citizen status. This stuff all takes YEARS and piles of fees going into the thousands by the end.

You don't just marry a non-US citizen, bring her back, and border control goes "Oh okay then, come on through, have a nice life." You only then embark on a whole journey getting her official with the INS and obtaining her green card. It's not automatic, you have to apply for it. It's also expensive, involving several stages of fees to be paid and paperwork filed. And yes they are looking for non-legitimacy of the union.

Marriage to a US citizen doesn't instantly and automatically confer legal resident status. It's a whole process, it's expensive and intrusive. But it's not as bad as some countries -- it's almost worse when a non-UK wants to marry a Brit -- they have a nasty income threshold to be met. It's forced a lot of loving couples into separate lives and Skyping.

I will state again though, it's important to be honest at border controls -- don't pretend anything. If you try to hide the fact that you're visiting a love interest it will come out just like they grilled it out of her. There is nothing wrong or even illegal about having a long distance love and visiting each other. You don't HAVE to lie about it, but you do need to be upfront with authorities. Don't do anything underhand, and it should be fine. You're only in trouble if you lie, that's what they have a problem with, and in this age of international terrorism combined with the migrant crisis particularly with that general part of the world being embroiled you do not want to look shady.

One more thing, while I'm not saying she's not genuine with you, please be sure she is.



Sangsang
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11 Jun 2016, 1:35 pm

Can she appeal the decision? Or at least get an answer explaining why the visa was revoked?

It sure sounds like her lack of transparency about visiting her boyfriend (OP) + lack of ties/job/school/life back in turkey may well have resulted in the visa revocation -- for legit reasons.



marshall
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11 Jun 2016, 4:14 pm

BirdInFlight wrote:
It's not arbitrary even though it feels harsh to the people experiencing it. There are requirements of a person entering on a very long visitor visa. That person must bring with them different kinds of proof to show that they truly are intending only to visit, and that they have sufficient ties to their home country that they must return to.

I don't think there is any possible way to prove this if they are unable to take our word at face value.

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It's even normal on a long visitor visa to be required to produce proof of ongoing employment back home that their employer is expecting them back at; or -- proof of ongoing education back home that they are expected to return to. Also, a copy of a lease or mortgage to prove that the visitor has not just "upped sticks" and left their home, but that they have a home they are returning to; and also, the visitor must declare that they have enough money to actually cover a reasonable estimation of what their living expenses will be for the duration of their visit to the United States.

I have no idea what they would need. She lost her long-term job last year due to illness and was living with her parents and babysitting recently. If they are going to be suspicious because of that its hopeless. She did buy a return ticket and was planning to return. Me and my family were planning to support her for the duration of her stay. There was no intent to stay illegally beyond the terms of the visa.

Quote:
Also -- BE HONEST from the START about who they are visiting and why they are visiting them. If it comes out later in the "interrogation" that she's visiting a boyfriend rather than the reason she initially told them -- as happened in this case -- they will be much harsher because of that deception and yes, send the person back on the next flight not because she's visiting a boyfriend but because she attempted to hide that -- it's the deception that raises red flags for them.

She was 100% honest the last time she visited (which was only for a month) and they still hassled her. They didn't want her to marry me. Our understanding is that they don't like people coming to marry without getting a fiance visa first, period. Both of us were told this. I really think there would be a problem no matter what we told them.

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If your girlfriend did not fulfill the money requirement or any of the proofs of ongoing ties that will compel her to return to her country when she says she will (ie the end of her visa term), rejecting her right to enter will be the outcome, and particularly the initial evasion about reason for visit will definitely rankle them. I've been a member of a support forum for US and UK people some of whom had long distance relationships and they frequently posted about years of making regular visits to each other, and how anything other than a fiance visa was always looked at with much more suspicion, even the frequency of visits could be a no-no. Those people would post about ALWAYS being upfront and say "I'm visiting my boyfriend/girlfriend", always have proof of funds to finance their own stay without working illegally (another thing they are BIG on monitoring) and always bring and produce hard proof of ties to their own country that need them back after the six months --- work obligations, a home still being maintained etc. Without those proofs of ties and obligations they can and do and will believe she's trying to sneak in and stay indefinitely unofficially.

Well, I don't think she would have the kind of "proof" they would want. She is not financially independent from her family at the moment. Many people aren't. Not everyone has an easy life and money. People get sick. Things happen. It seems they will dislike her period because she is not financially independent. My family was planning to support her. If they can't trust that it is hopeless.

Is there any way to get a visit pre-approved in order to avoid wasting airfare? If a visit is going to be rejected, it makes sense to know ahead of time. It seems ridiculous if they need so much information for them to demand it all right there on the spot.



Last edited by marshall on 11 Jun 2016, 4:43 pm, edited 1 time in total.

marshall
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11 Jun 2016, 4:18 pm

Sangsang wrote:
Can she appeal the decision? Or at least get an answer explaining why the visa was revoked?

I don't think there is. We talked to a lawyer.



marshall
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11 Jun 2016, 4:36 pm

MaxE wrote:
For $3000 you could go to Turkey, marry her, bring her back as your wife, then throw a big wedding party at home after the dust settles. Sounds like more fun than getting a lawyer.

This is what they don't like. They don't want it to be so easy. Anyone could officially marry just to get a green card. The fiance visa requires all kinds of evidence that there is an established relationship and financial support. They don't just give it out. They don't like long trips to live with people period. They might accept it if it was for some kind of study or internship or something. Anything else raises suspicion.

Quote:
Well $3000 doesn't cover the party but you should know what I mean.

If you do go to Turkey, you might want to take a couple of people with you so that you seem more like a tourist (a lone wolf could arouse suspicion, I suppose) also book a hotel in an obvious tourist place like Bodrum or Cappadocia. If you're really paranoid you might want to consider traveling to a neighboring country such as Bulgaria then traveling by rail. I think rail passengers might get less scrutiny than air passengers. Just keep the Syrian situation in mind insofar as there is probably more scrutiny at border crossings these days in Southeastern Europe and Southwestern Asia compared to a couple of years ago.

I don't think there will be problem with a 2-3 week visit. I don't really want to go to tourist areas where the majority of visitors are foreign due to the ISIS threat. They've been specifically targeting foreigners. I'd rather stick to places where a majority are Turkish.

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Although I don't know what laws might apply. The biggest risk is that the US doesn't think it's a legitimate marriage (which can happen) - I don't know how you would prove otherwise. If you have enough income and can show that you can support her, that might help - as it may be some time before she can legally work in the US. You can probably Google this stuff.

I think the marriage will need to be legitimate in both countries in order to apply for a green card in the US. That is the whole purpose of getting married. That's why they don't want to make it too easy.



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11 Jun 2016, 5:08 pm

@Marshall: The immigration authorities know what to look for when screening for green-card hunters. Unfortunately, most lonely single men and women don't. More unfortunate is that the signs they look for also overlap with a fraction of the legitimate cases where the foreign visitor genuinely wants to marry and start a new life with their new spouse.

Engage the services of an immigration lawyer before she visits again.


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12 Jun 2016, 3:29 am

marshall, yes, it isn't always easy to show proof of ties back home, especially if the person doesn't have an official workplace or a home that's in their own name, whether renting or owning. I know that sucks as yes not all of us can always be in those situations of independence.

Unfortunately from everything I've learned in the transatlantic online community I spent a lot of time posting and reading in, that's what they want to see. I've had my online acquaintances post about having to actually bring along rental agreements on their apartments to show they still live somewhere in the place they come from. Even notes from a boss to confirm employment is expected to resume on such and such a date.

It sounds extreme but the Immigration department in the US is bigtime tough about the potential of anyone being just a green-card seeker, BIG time. They run rough-shod over both the legitimate international couples and the potential shady, barely acknowledging the differences. It's a lot to go through.

If there is anything at all that shows she had anything to go home to after a visit to you -- a part time job, maybe even volunteering for charity, maybe she could try to have something like that going on. Even if she volunteers at a local animal shelter and could get them to sign a note saying they rely on her as part of their team and are expecting her back on such-and-such a date, that might help.

As for supporting her while she visits, she may need to obtain some paperwork from you and your family stating that, and have it on her to show when entering. I've known of some couples who really did have to physically bring this stuff to show and tell.

There is a pre-approved situation you can get when applying for another visa next time and now that she's been turned back once, you very likely will have to get that pre-approval; I don't know the ins and outs but I believe you go through the embassy. You can probably google the process, there's a lot of information and the US government immigration department also has its own website/pages. Also yes find an immigration lawyer -- there are some that do pro-bono (free) services for those who have limited means but need the help.

Be aware that even if you go to Turkey and just marry her there, and have all the correct documentation of that, she still may not be permitted to simply come back to the States with you -- couples can and have been forced to stay apart in their separate countries even after marriage, while they file the required applications. Even if the alien party manages to come in, they can be officially told to return to their own country until the applications go through and are approved, which can take a long time. There's even a backlog of cases, making the times even longer.

I'm not trying to make all this seem impossible -- people do go ahead and go through the official channels and eventually get their spouse in the end, all the time. It's just that you need to be aware of what a huge amount of officialdom you two will be faced with, and may even have to remain in separate countries even after any marriage or the start of official filing. It's tough even on the most genuine of couples. The INS (I'm not sure they're called that anymore but that's from the old days) are tough as steel.



Now that your girlfriend has already been turned back, things are trickier now, I can't lie to you. That will be on record, and she will need a pre-approved visa in future, but this is what you need to get information about now -- go on the US government website, look up listings for your nearest immigration lawyer, try to get good help and advice as now with one rejection this case is not a simple one. But people have had this happen before and sorted it out in the end, you just have to really look for the info and help now.



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12 Jun 2016, 6:27 am

I can corroborate what Bird In Flight is saying. I've known people in similar situations. The US can be bitchy about this sort of thing.

After you get married to her, they can make her go back to her own country, and make her wait until all the documents are in order. It can take quite a while.