refused to enter, was intend get marry in US

ram4sharma · Post by **ram4sharma** » Fri Nov 06, 2009 11:00 am

I was going to US on waiver visa. I was intend to get marry there. i was just going to visit there for two weeks.

I was refused to enter in US as some one complaint in imigration that I am coming to get marry. No idea who done it, must be close family.

my fiance is Green Card holder.

I want to know guideline for next step.

I am not banned and eligible to re-apply as visit visa. I am british born.

Feel like they can reject my visit visa with refused entry history.

Is it possible that if my fiance come to UK. get marry with me, and then i apply a visit visa to US, just to visit my Husband in future. and mean time when he will get residency, he can apply to call his wife there. mean time we can just visit each others.

Marco 72 · Post by **Marco 72** » Fri Nov 06, 2009 1:13 pm

I am confused by your post. First you say your fiance is a green card holder, then you write "when he will get residency". If he's a green card holder, then he's already a resident. Or did you mean citizenship rather than residency?

Very much doubt that the refusal was based on somebody's "complaint". Most likely it was based on something you said at the POE.

Finally, I assume that you and your fiance are a male-female couple?

ram4sharma · Post by **ram4sharma** » Fri Nov 06, 2009 3:18 pm

Yes we are male and female.

He got only Green Card, not residency. So he cant call his wife or fiance to US.

I am british, so for me visiting him is not a problem.

So I was visiting him, and had plan to do small ceremany in US, and will come back. And untilll he gets his residency, then he can apply for mine proper wife visa. But mean time I will just visit him on different times.

But Immigration got complaint against me, that they knew that I m coming to get marry not just visit. so they stoped me and refused my entry.

I can apply visit visa as I m not banned.

Kindly guide us any further steps in this case.

thanks

Marco 72 · Post by **Marco 72** » Fri Nov 06, 2009 3:58 pm

I am sorry but what you write still does not make sense: a green card holder by definition is a US Legal Permanent Resident, just like someone having Indefinite Leave to Remain in the UK. My guess is that your fiance is actually waiting to become a US citizen, not a resident.

Please find out what your fiance's status really is. It's impossible to give advice without knowing the correct facts.

ram4sharma · Post by **ram4sharma** » Fri Nov 06, 2009 4:02 pm

He just got green card. For citizenship he needs to wait few more years.

Although he is legal there, but he cant invite his fiance or wife.

ram4sharma · Post by **ram4sharma** » Fri Nov 06, 2009 4:03 pm

I have sent you email at yahoo, in details.

ram4sharma · Post by **ram4sharma** » Fri Nov 06, 2009 4:05 pm

You are right not resident yet.

So in that case how can we solve this issue.

Marco 72 · Post by **Marco 72** » Fri Nov 06, 2009 4:19 pm

ram4sharma wrote:He just got green card. For citizenship he needs to wait few more years.

ram4sharma wrote:You are right not resident yet.

Which one is it? First you say he is a green card holder (i.e. a Legal Permanent Resident), then you say he is "not a resident yet". Again, wthout knowing the facts it's impossible to give any advice. What do you mean when you say he is "not a resident"? What is the fiance's status in the US?

ram4sharma wrote:I have sent you email at yahoo, in details.

I'd rather answer the questions in the forum, in case it can be of help to someone else in a similar situation. Also, it's confusing to have two separate discussions on the same topic.

ram4sharma · Post by **ram4sharma** » Fri Nov 06, 2009 4:33 pm

He recently got green card.

as per my knowledge now he is waiting for Citizenship.

and he cant call his wife on green card. thats my knowledge,.

but over all, kindly explain us, that If I (female) am refused to entered to US, as i was going as Visitor on Waiver Visa, and was planning to get married there. But some one complaint imigration that I am planning to get marry, and as I accepted there, that yes I am here to get marry, and as they send me back.

What are rights for me, as a fiance to get marry or live with my husband/fiance in US.

I have Two Points here, which are mentioned on US embassy sites

1: If you want your British partner to live with you in the US, then you'll need to apply for a K-1 fiance visa. If she is planning to return to the UK, then it is absolutely okay to marry while on a visa waiver. To be on the safeside, be sure she has proof of ties to the UK (letter from employer, school schedule, etc) with her just in case they ask her any questions.

2: Note:If you will do not intend taking up indefinite residence in the United States but will continue to live and work abroad after the marriage ceremony you should apply for a B-2 visa, or if eligible travel visa free under the Visa Waiver Program.
http://www.usembassy.org.uk/cons_new/vi ... pouse.html

So please kindly explain us.

Marco 72 · Post by **Marco 72** » Fri Nov 06, 2009 4:52 pm

Ok, it's beginning to make sense now. Your fiance just became a Legal Permanent Resident. As the embassy website notes, it's perfectly ok to travel to the US as a visitor and get married there, as long as you don't intend to stay. If they denied you entry it means they didn't believe you intended to return to the UK. This means if you want to visit the US again you'll have to apply for a B visa at the embassy. You should bring plenty of evidence of your ties to the UK (letter from school/employer, mortgage or tenancy agreement, etc), both when applying for the visa and when flying to the US.

Not sure about getting married in the UK - I believe your fiance will need a Certificate of Approval in order to marry a British citizen in the UK, but I don't know what the procedure to get one is.

ram4sharma · Post by **ram4sharma** » Fri Nov 06, 2009 5:04 pm

So This time if i have enough evidence of my college documents in UK.

And apply for visit visa.

Shall I explain that I want to get marry there and will come back.

As in records they know that before I was going to get marry there. So no chance to lie with them.

Just wanted to make sure that my Refusal of Entry wont effect my visit visa to US even by mentioning that yes I want to marry there, last time i didnt have enough papers to show you my ties to UK.

ElenaW · Post by **ElenaW** » Fri Nov 06, 2009 7:48 pm

You should tell the truth and say that you do want to get married. It's not illegal to do so aslong as you can prove that you will return to the UK. You just said yourself that you didn't have enough evidence to show your ties to the UK. When you apply for your visitor visa, just make sure you bring plenty of proof. Best of luck to you.

Also, why not just apply for the K-1 fiance visa if you intend to eventually settle in the states?

Marco 72 · Post by **Marco 72** » Fri Nov 06, 2009 8:38 pm

boulevardofbrokendreams wrote:Also, why not just apply for the K-1 fiance visa if you intend to eventually settle in the states?

Fiancees of LPRs are not eligible for K-1 visas.

ElenaW · Post by **ElenaW** » Fri Nov 06, 2009 9:01 pm

Oh my apologies Marco. I wasn't aware of that at all. So what can they apply for in order to eventually settle?

Marco 72 · Post by **Marco 72** » Fri Nov 06, 2009 9:40 pm

boulevardofbrokendreams wrote:Oh my apologies Marco. I wasn't aware of that at all. So what can they apply for in order to eventually settle?

The OP's fiance can petion for her as soon as they are married under the the family preference category F2A. According to the latest Visa Bulletin the current waiting time for everyone except natives of Mexico is over 4 years (i.e. those who applied in June 05 are now getting visas).

If at the time the OP's fiance becomes a US citizen the petition is still pending, he can upgrade the petition to spouse of US citizen. The OP will then become eligible for a visa immediately and should obtain one within a few months.

Of course he can also move to the UK, but in that case he'll lose his LPR status in the US.

ram4sharma · Post by **ram4sharma** » Fri Nov 06, 2009 10:39 pm

Thanks of your help.

Whats the legal age for a girl to get marry in USA.

ram4sharma · Post by **ram4sharma** » Fri Nov 06, 2009 10:45 pm

Also any particular legal requirements to get marry in USA.

Another question: As she refused to enter , and now she will apply as Visit Visa.

is she needs to apply for Visit visa every time she wants to visit USA or after first time she will be able to start using waiver visa option.

Marco 72 · Post by **Marco 72** » Fri Nov 06, 2009 11:20 pm

About legal requirements to get married in the US, that depends on the state. In California (where I got married) it's very simple. You apply for a marriage license giving some details about yourself, and the very next day you can get married. In Nevada I believe you can do everything the same day. In other states it's more difficult, and you may need a medical exam or a blood test. However nothing prevents you from travelling to Nevada and getting married there.

About the visitor visa - once you get it it's usually good for 10 years (this means the visa expires in 10 years, not that you can stay 10 years in the US). On a visitor visa people are normally admitted for up to 6 months at a time (as opposed to 90 days on a visa waiver), but the length of admission is up to the POE officer. You won't be able to use the visa waiver ever again, since you have been refused entry.

When you apply for the visa make sure to bring plenty of evidence of ties to the UK. Since you are going there to marry a green card holder, you have to make sure they believe you'll be going back to the UK afterwards.

ram4sharma · Post by **ram4sharma** » Fri Nov 06, 2009 11:31 pm

Whats POE and OP stands for.

Marco 72 · Post by **Marco 72** » Fri Nov 06, 2009 11:32 pm

POE = point of entry, where you enter the US.

OP = the "original poster" in this discussion (i.e. you)

UKStephen · Post by **UKStephen** » Sat Nov 07, 2009 4:24 pm

Do your homework on this one, as it can get really sticky very quickly.

A US Green card holder can apply to sponsor a spouse, but the wait is currently 4-5 years. During that time, your wife will raise their suspicion at the POE and she will have to prove beyond a doubt that she still maintains ties with the UK and will return after her visit. It would be far easier to visit if you didn't marry (but hey, you're now in their records as indicating you will marry.)

I went through this myself, me Canadian/UK with a Green Card, wife Canadian. We maintained two residences, both just across the border from one another. The hassles each time at the border became so huge (she was self employed and didn't own property so we had a hard time proving ties to Canada fro her), that we eventually gave up and moved to Europe.

ram4sharma · Post by **ram4sharma** » Mon Nov 09, 2009 10:03 am

Any one knows good solicitor based in UK, who can help me in this matter. Thanks

Marco 72 · Post by **Marco 72** » Mon Nov 09, 2009 2:29 pm

ram4sharma wrote:Any one knows good solicitor based in UK, who can help me in this matter. Thanks

Which matter? Applying for a tourist visa or emigrating to the US as the spouse of a green card holder? Also, why do you need a solicitor based in the UK? It's much cheaper to hire a US-based one if all you need is a consultation.

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refused to enter, was intend get marry in US

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