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Spousal visa: could it be denied in my case?

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aspen
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Joined: Thu Aug 02, 2012 12:21 am

Spousal visa: could it be denied in my case?

Post by aspen » Thu Aug 02, 2012 12:25 am

Hi everyone,

I am turning to your expertise in the hope to find answers because I am panicked right now!
I will to organize the information so it is as clear as possible to everyone who reads.

Background:
First off, my wife and I are legitimately married. My wife and I met a little over 2 years ago in France, and we have been together since then, and (yay for the happy couple!) we got married in the U.S. last month.
We genuinely love each other and want to be together, and this is in no way a marriage of convenience (I know even that sometimes doesn't keep people from being refused for a visa).
I am French and she is a U.S. citizen. We live in Canada right now (we are both on a working holiday visa) and we have the intention of moving to the US at the end of the month. We would just establish our new life there as a couple.

Possible Problem:
Now, a friend told me that, when I go through immigration at the end of the month to stay with my in-laws (while we look for a place of our own), they are going to ask me the reason for my visit, obviously. And if I say that i am going to try to stay and work, they could deny me entry on US soil.

On the other hand, if I say that I am only visiting my in-laws, and then apply for the visa, and later on they find out that I "lied" at customs when I arrived, they can also refuse to give me a visa on the grounds that I may have "lied" to a customs officer!

Question:
Do you know if that is true? And if so, what can I possibly do about it? I feel like I'm in quite a pickle right now and I don't know anyone who could answer me. I tried a US consulate here in canada, but no one ever picks up the phone and it is quite difficult to get an appointment with an immigration officer.

Needless to say, I did a lot of research online about this and have found no evidence to support what my friend told me. It does seem very likely though, so I am literally freaking out!

Thanks in advance for any help you can give me!

Marco 72
Diamond Member
Posts: 1102
Joined: Wed Oct 05, 2005 3:53 pm
Location: London

Re: Spousal visa: could it be denied in my case?

Post by Marco 72 » Sat Aug 04, 2012 8:32 pm

It is illegal to enter the US as a tourist with the intention of adjusting status to permanent resident. You should apply for an immigrant visa beforehand. Unfortunately, the process takes much longer than a month. If you enter as a tourist and try to adjust status, you might get away with it, or you may find yourself banned from the US.

In addition, if you enter the US on the VWP (which is what I assume you'll be using), then you have no right to appeal an adverse decision.

My advice: get an immigrant visa, and don't lie to CBP officers.

khan24
Newbie
Posts: 45
Joined: Fri Nov 11, 2011 2:38 am
Location: Ireland

Post by khan24 » Mon Aug 06, 2012 1:27 am

Immigrant visa(green card) application(in your case Form I-130) can takes upto 6 months minimum or 1 year or more because when you apply ..your application v'l go to one of the uscis center for processing and their minimum time v'l be 5-6 months depends on the center..Once your file approved it v'l come back to the embassy for interview purposes,now a days after the interview they take more time for admin processing(background check) which can take longer.

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