Wife refused entry to US at airport

[paulfr]

My Thai wife of 10 years was refused entry to the US at the airport in Philadelphia.

Apparently having a Tourist Visa is insufficient for entry

ONLY

if you say you plan to remain in the US and set up residency.

If you say were are here for a visit [on the Tourist Visa], then it is OK.

I did not know this.

We have a 9 year old daughter who is a US citizen.

I thought there were 2 ways to bring a wife to America

Direct Consular Filing [DCF] in Thailand OR come to US and change status.

My bad.

Good news is they consulted the manager and we were allowed to enter.

They stamped her passport with date of entry.

But now we can not apply for Green Card without being charged with fraud.

So she will have to leave the US at some point.

I must stay for important health and health insurance reasons

So we are facing the prospect of having our family split for a long time

until the Visa process in Thailand is done correctly

It angers me that as a US citizen I should have any problem at all

bringing a wife of 10 years home to live with me. Especially having

a daughter to clearly identify the authenticity of our marriage.

Anyone with helpful advice will be most appreciated.

Thank you.

Edited October 20, 2015 by paulfr

[luxoretired]

cannot offer advice but make a statement " it seems unreasonable that western governments let in thousnds of " refugees" with no papers and not speaking the language that will clearly cost the taxpayer a lot when the wives of nationals of those same countries are denied entry and must be thankfull to receive a 30 day tourist visa !.."something is wrong. lucky you met some official with a heart and not someone who had a bad evening !

[oncearugge]

I am pleased you made this post which will ,perhaps , cause those who delight in "bashing" Thai Immigration Officials to think about how "Tough" Western Immigration authorities can be.

[mickeyrex]

"But now we can not apply for Green Card without being charged with fraud." Not true. Perhaps there was a change of heart on your part. Any immigration attorney worth his/her salt can sort it out. Your're in, that's all that matters. Best of luck.

[lopburi3]

Really amazed that after a 10 year marriage you and/or wife were not aware of this - the main reason for tourist visa refusals for those actually making tourist visits is fear that they might be considering what you took as an option, As she had the tourist visa am sure at the time issued was made clear only good for a short visit (but understand that may have been years ago). You at least have time to make plans and if health improves perhaps can actually be together during the immigrant visa wait (if the plan is permanent stay). You might check if there is some compassionate grounds available if indeed you can never return to Thailand.

[moe666]

Your lack of planning doesn't create am emergency for immigration.

[whatawonderfulday]

You are lucky you are a US citizen. If British they have put so many obstacles in the way of bringing your Thai family to the UK for many it is now almost impossible.

Of course I can understand why - they need to leave space for all the illegal immigrants together with the so called refugees/IS supporters flooding in to Europe.

God Bless the United States

[Thanyaburi Mac]

Paul

"My Thai wife of 10 years was refused entry to the US at the airport in Philadelphia.

Apparently having a Tourist Visa is insufficient for entry

ONLY if you say you plan to remain in the US and set up residency.

If you say were are here for a visit [on the Tourist Visa], then it is OK.

I did not know this."

A Tourist Visa is issued on the basis of the person's statement that they are NOT an "intended immigrant." Therefore, if your wife tells the immigration officer that she intends to remain in the U.S., she should be rejected, and properly so.

"I thought there were 2 ways to bring a wife to America

Direct Consular Filing [DCF] in Thailand OR come to US and change status."

Third way, which is what you're stuck with now, is filing a form I-130 for immigration of an immediate relative, which can be done when you are in the U.S., or in a foreign country for those not eligible for DCF filing, the quickest way.

Here's an example off the www:

http://www.hooyou.com/i-485/eligible.html

Adjustment of status is discretionary. It is important to note that adjustment of status is up to the discretion of the USCIS officer handling each case. Even if an alien is eligible for adjustment and is not blocked by any of the statutory bars listed above, the USCIS may still deny an application for adjustment of status. In practice, adjustment of status will be granted where the alien is statutorily eligible and there are no "Negative Factors." When such negative factors exist, the factors will be weighed to determine whether adjustment will be granted. Close family relatives and immediate relatives in the US, may be a strong factor favoring adjustment. The preconceived intent to remain in the U.S. at the time of entry as a non-immigrant, even if this intent does not constitute fraud or willful misrepresentation, may be a sufficient negative factor to deny an adjustment of status application. However, immediate relatives of U.S. citizens can generally overcome such negative factors.

xxxxxxxxxxxxxxxx

Not good news, sorry, but it's that "preconceived" intent to immigrate which violates the terms of a Tourist Visa.

You might talk to an Immigration lawyer about this situation, no idea if it's resolvable, but worth the question anyway.

Mac

[h90]

cannot offer advice but make a statement " it seems unreasonable that western governments let in thousnds of " refugees" with no papers and not speaking the language that will clearly cost the taxpayer a lot when the wives of nationals of those same countries are denied entry and must be thankfull to receive a 30 day tourist visa !.."something is wrong. lucky you met some official with a heart and not someone who had a bad evening !

Same in Europe....peaceful educated Buddhists, have a hard time even get a tourist visa. aggressive "refugees", get living, food and money when they come.

Even after they get rejected as not being refugees.

[FBlue72]

US Immigration does not appreciate subterfuge and her failure to procure the correct visa is her own fault. If an alien enters on a tourist visa, then her intended visit is for tourism-she has to leave. Consider it lucky she wasn't refused entry after admitting the lie.

[lopburi3]

Actually it does not appear anyone lied - they admitted the reason for entry was to stay at point of arrival. As for the tourist visa application that may have taken place years ago for a normal trip for all we know.

[metisdead]

A troll post has been removed.

[CaptainPeacock]

You are lucky you are a US citizen. If British they have put so many obstacles in the way of bringing your Thai family to the UK for many it is now almost impossible.

Of course I can understand why - they need to leave space for all the illegal immigrants together with the so called refugees/IS supporters flooding in to Europe.

God Bless the United States

So true, I can't even turn the radio on (LBC) cos all you hear is this refugee propaganda...

Additionally the ops post makes ya blood BOIL! we really live in a sad world, boy am I glad I'm back to paradise and miss this british winter!

Edited October 20, 2015 by metisdead
2. Please do not modify someone else's post in your quoted reply, either with font or color changes or wording.

[Thanyaburi Mac]

Lopburi 3

"Actually it does not appear anyone lied - they admitted the reason for entry was to stay at point of arrival. As for the tourist visa application that may have taken place years ago for a normal trip for all we know."

Agreed, and it might have been a 10-year Tourist Visa. But, if entering the U.S. on this trip was with the intent on remaining in the U.S., that's the key work, "intent," which violates the spirit of a Tourist Visa.

There are numerous instances of "tourists" being able to Adjust Status to that of a PRA, a Permanent Resident Alien, eg, Green Card holder, but in these cases they have been able to establish to the satisfaction of U.S. Immigration that tourism was their intent on arrival, but some circumstances changes, thus the request for PRA status. Believe it's the "change" after arrival that counts.

There's some discussion of this on www.visajourney.com

Mac

[hhgz]

"Especially having a daughter to clearly identify the authenticity of our marriage."

Having a daughter does not "clearly identify th authenticity" of anything, much less a legal marriage.

"Anyone with helpful advice will be most appreciated."

Learn the law, and plan ahead.

[paulfr]

Actually it does not appear anyone lied - they admitted the reason for entry was to stay at point of arrival. As for the tourist visa application that may have taken place years ago for a normal trip for all we know.

Yes.. The Tourist Visa is a 10 year multi-entry Visa issued 8 years ago to my wife.

It was never our intention to move to the US back then.

Since then, we have visited the US as tourists twice to see family.

At the airport we told them we intended to stay for good.

My understanding [or misunderstanding] was that one can request a change of status.

In our case, serious health issues FORCE me to move back to the US to get under Medicare.

And this came on suddenly after a physical exam revealed I require urgent treatment.

So I am hoping these facts will allow my wife to stay and be granted an AOS.

But when dealing with bureaucracy, anything can happen

Wish us luck

Thanks for your comments

[wooloomooloo]

You are lucky you are a US citizen. If British they have put so many obstacles in the way of bringing your Thai family to the UK for many it is now almost impossible.

Of course I can understand why - they need to leave space for all the illegal immigrants together with the so called refugees/IS supporters flooding in to Europe.

Sorry, but that's, largely, a complete nonsense statement. But, not the place in a US immigration thread for this particular discussion.

Happy to debate further in a UK-based thread.

[Gonsalviz]

"But now we can not apply for Green Card without being charged with fraud." Not true. Perhaps there was a change of heart on your part. Any immigration attorney worth his/her salt can sort it out. Your're in, that's all that matters. Best of luck.

There is an option called 'change of status.'

I read about it before but have forgotten the details. It is on the US Embassy website Bangkok.

You should have had a Fiance visa.

[curtklay]

I do wish you luck, Paul. Obviously, you weren't intending to commit fraud; simply made an honest, innocent mistake.

Considering the reason for your return to the US, I sincerely hope that you can deal with someone with compassion, who will get your problem straightened out.

Good luck with it and your health issues!

[lopburi3]

"But now we can not apply for Green Card without being charged with fraud." Not true. Perhaps there was a change of heart on your part. Any immigration attorney worth his/her salt can sort it out. Your're in, that's all that matters. Best of luck.

There is an option called 'change of status.'

I read about it before but have forgotten the details. It is on the US Embassy website Bangkok.

You should have had a Fiance visa.

No a Fiance visa is not what was required - they should have gone through the immigrant visa clearance/issue process prior to travel if intending to make home in US (but this takes time) - and yes there is a change of status provision for those already in US as a tourist.

[Sheryl]

Agree with suggestion to consult an immigration attorney.

Change of status is possible but at the discretion of immigration officials, and the evident deceit in having entered on a tourist visa may be held against you. On the other hand, as you are married 10 years, it is clear that she will be eligible for an imm visa so making her leave and come back basically accomplishes nothing, which may also be taken into account. Boils down to the inclination of the imm officer. Talk to an imm lawyer, they know the ropes and may be able to help steer your application to an officer/office that tends to be easier on this sort of thing.

[gk10002000]

I do wish you luck, Paul. Obviously, you weren't intending to commit fraud; simply made an honest, innocent mistake.

Considering the reason for your return to the US, I sincerely hope that you can deal with someone with compassion, who will get your problem straightened out.

Good luck with it and your health issues!

It was not a mistake. The man was well aware of the fiancé visa option. He tried using the old Tourist Visa to get his wife into the country. That would have been convenient. But his optimism, and not thinking things through or not double checking caused the problem. He may have a fair chance of getting it reviewed and explaining the circumstances. But the bottom line is his intent was to keep his wife in the USA (I don't know if she is his legal wife in the USAs eyes). Any reasons he gives, or circumstances he presents is really going to be secondary to what immigration has already preliminarily decided. I think it may be an uphill battle. Definitely need a decent attorney to help represent the case. The fact he has health issues is not likely going to help his case. The USA is paranoid about a dependent coming over and the provider/spouse (him) can't support her.

[DogNo1]

Good luck. I hope that you will get a compassionate INS officer. If you are not well, that might provide a good reason for your wife's status to be adjusted so that she can stay and take care of you. It's worth pointing out to INS.

[DisparateDan]

I am pleased you made this post which will ,perhaps , cause those who delight in "bashing" Thai Immigration Officials to think about how "Tough" Western Immigration authorities can be.

Yes have a look at Aussie Border Patrol stuff on youtube.

[Satcommlee]

Go to any country in the world on a Tourist visa and give the impression that you don't intend to be a tourist and have other motives such as working or settlement etc... Then you can expect to be turned around - you were lucky!

[Scott]

Off-topic posts removed.

[Suradit69]

Your lack of planning doesn't create am emergency for immigration.

And the same would apply when dealing with Thai immigrations. Some people can't even be bothered to learn the terms and conditions of their stay in Thailand but post heated rants when Thai immigrations doesn't cater to their ignorance.

As Lopburi said, it should have been fairly obvious that the reason some nationalities have difficulty getting tourist visas to the US and that they have to demonstrate a compelling reason for them to return to their home countries is because the unfortunate assumption is that they will attempt to remain in the US, as vast numbers of undocumented aliens have done.

[gk10002000]

Go to any country in the world on a Tourist visa and give the impression that you don't intend to be a tourist and have other motives such as working or settlement etc... Then you can expect to be turned around - you were lucky!

Yes. I watch that Aussie show border security a lot, and the older shows on Youtube. Even when people get the online visa in advance, they can get denied entry AFTER making the trip, paying for the trip etc. The USA fellow was lucky his wife, Thai wife anyway, not sure they are legal husband and wife in the USA's eyes, was allowed in.

[paz]

Given those circumstances, what choice does the officer have but to deny entry? Try that in any developed (and many undeveloped) countries and see what happens.

Actually she was not denied entry. Was given a secondary interview and then allowed.

I'm not sure that now filing for a change of status is illegal, because she was married before entering as a tourist. OP should consult with an immigration lawyer.

Also, check again before mentioning "other developed countries". Spouses of an European citizen - Shengen area can enter Europe without a visa and stay for as long they want. And my country allows citizenship applicaition for a spouse in as little as 18 months.

[paz]

Yes. I watch that Aussie show border security a lot, and the older shows on Youtube. Even when people get the online visa in advance, they can get denied entry AFTER making the trip, paying for the trip etc. The USA fellow was lucky his wife, Thai wife anyway, not sure they are legal husband and wife in the USA's eyes, was allowed in.

They are legal husband and wife not only for the US, but for any country of the world that stand by principles of international law. A country can require additional paperwork,translations, etc but that doesn't change the fact that once one is legally married in one country, is legally married worldwide.