Wife refused entry to US at airport

[Thanyaburi Mac]

Here's a few hits on the subject of Adjustment of Status:

www.thaivisa.com/forum/topic/813657-convert-usa-tourist-visa-to-immigrant-visa-while-in-the-us/?p=9253607&hl=adjustment

www.visajourn...s-on-a-b2-visa/

www.thaivisa.com/forum/topic/556318-what-visa-type-to-apply-for-us-no-travel-plans

www.peerallylaw.com/en/content/view/562/

[edit, to clean up the urls, cut & paste from my WP garbaged them up]

[gk10002000]

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.

That is completely not true. Many countries don't recognize any old marriage statement. That is why many Thai gals that migrate to the USA, even though "married" in their local home Thai village, went through the Thai ceremony, etc. get married "again" in the USA. Typically a simple court house justice of the peace wedding. I have been involved in two of them.

[gk10002000]

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

The easy solution is just to fly the wife to tijuana and have her walk across the border then she will be an "undocumented" immigrant and therefore a protected and untouchable class of person; and if you live in Mexifornia eligible for a driver's license and free medical care.

You know, since I have spent some 20 odd years in California and am currently working in the San Diego area, your post is actually pretty accurate. Sadly, the USA goes after the easy issues, and somebody flying into an airport staffed with TSA people is an easy catch. Thousands of illegals walking across the southern part of the USA are not so easy to catch. And if she becomes a Document illegal, things are even better. Then she literally is untouchable.

[arunsakda]

A non-immigrant visa for finance (K-1) would not be appropriate if already legally married.

They should have applied for the immigrant visa for Spouse for ( Ir-1, Cr-1, K-3 or whatever).

Don't know if a change of status is still possible but 20 years ago they were quite easy depending on Nationality at the discretion

of US Immigration.

[Khun Falang]

I suggest the following:

1). Consult an immigration attorney. He /she know the applicable laws better than anyone.

2). Having seen some outrageous cases where people DID get an adjustment of status, and considering the length of your marriage and the fact that you have a child who is a US citizen, I am very confident that your wife's status will be easily changed here. An immigration attorney told me recently that when one builds "equity" in the us, such as having family here, especially children, the immigration folks are quite accommodating and helpful. So your chances for a smooth adjustment of status look great.

3). Like everything else and everywhere else in the world, when dealing with government folks who are going to determine your future with a stroke of a pen, be nice and polite about it. You will be amazed at how helpful these folks will be. But again. Be nice and polite. Be contrite and do not "demand" your rights as American citizen. They know your rights (and your obligations), and if you are nice about it, all will be well.

When you go to an interview, dress nicely. Both, you and your wife. No blue jeans... Dressing appropriately shows your respect for yourself and for the person you are going to see. When I asked my wife what she planned on wearing for our interview at the local USCIS office, she said "jeans". I corrected her immediately that she should wear a nice dress, and that I will wear a suit. We were treated like royalty by the inspector, and all went well.

[paulfr]

I suggest the following:

1). Consult an immigration attorney. He /she know the applicable laws better than anyone.

2). Having seen some outrageous cases where people DID get an adjustment of status, and considering the length of your marriage and the fact that you have a child who is a US citizen, I am very confident that your wife's status will be easily changed here. An immigration attorney told me recently that when one builds "equity" in the us, such as having family here, especially children, the immigration folks are quite accommodating and helpful. So your chances for a smooth adjustment of status look great.

3). Like everything else and everywhere else in the world, when dealing with government folks who are going to determine your future with a stroke of a pen, be nice and polite about it. You will be amazed at how helpful these folks will be. But again. Be nice and polite. Be contrite and do not "demand" your rights as American citizen. They know your rights (and your obligations), and if you are nice about it, all will be well.

When you go to an interview, dress nicely. Both, you and your wife. No blue jeans... Dressing appropriately shows your respect for yourself and for the person you are going to see. When I asked my wife what she planned on wearing for our interview at the local USCIS office, she said "jeans". I corrected her immediately that she should wear a nice dress, and that I will wear a suit. We were treated like royalty by the inspector, and all went well.

Khun Falang

Thank you so much for your positive and optimistic information here.

It has made my day.

I do hope you are correct about all this and I will do exactly as you advise.

Thank you again ! !

[GAZZPA]

Its a sorry state of affairs when a legitimate entry in the US is refused. Having a Thai wife of 10 years and a daughter of 9 years old should mean that common sense applies. Unfortunately immigration laws in the West are getting tougher and tougher in an attempt to control their own borders and keep out the people who should not be there.

I dont think anyone of the countries has got it right yet, we hear of too many legitimate and honest people having issues. I suspect its because you are honest it makes you an easy target, whereas some scrounging basket will lie through their teeth and stroll right in as they have studied the law and they find the holes.

I see it only getting worse as time goes along, it certainly won't get easier.

I wish you luck in the future and hope you get this sorted out as quickly as possible so your family are not split for too long.

[oneday]

Consider yourself very lucky immigration let your wife in after making that statement. She was essentially saying she did not plan to use the tourist visa for the intent is was issued and that is why she was initially refused.

"...So she will have to leave the US at some point..." Yes, and that point is before her tourist visa expires.

After only a short time of research on the internet for my intended wife I quickly found out you cannot use a tourist visa to do anything other than visit and then return to Thailand. They are correct; anything else would be fraud. As another poster above said, you should be able to start a filing to bring your wife over as an immigrant. If she had to go home it probably wouldn't be long before she was granted the appropriate visa and returned.

Form I-130, Petition for Alien Relative - USCIS

Don't worry, don't panic. Follow the right procedures and she will soon be with you permanently in the US.

Good luck.

Edited October 21, 2015 by oneday

[CMBob]

Oneday immediately above has said it all very correctly. And, rather than some criticizing US Immigration in this situation (ultimately allowing a person with a Tourist Visa who's professing the intent to stay permanently to enter the US), the Immigration supervisor ought to be praised for his/her compassion.

[GOLDBUGGY]

I would first consult a doctor to confirm you have health issues and thus can't return with your wife. With that in hand then go to immigration and apply for her citizenship.

If questioned you can always say that you went to the states to check your condition and since it was worst than you expected you decided you needed to stay, along with your wife and child. So now you want to change her status from Tourist to Resident. No fraud in that as you condition changed since you entered the states.

[theoldgit]

Further off topic posts removed.

[alanrchase]

What did you expect? Tourist visa but wish to stay? Mind boggles.

[Gandonsi]

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

This is what really pisses me off with England and its awful government. I know people who have Thai wives, they've been with them for years, they have a steady income too and they've been trying for years to get them in the country but to no success. Then you have these "refugees" (aka economical migrants) who get in within a day, are provided with accommodation and they're costing us millions. Realistically, even the educated among them will not be able to add anything back to the economy for years.

[Tom Cahill]

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

He's lucky she's not white. If she was they'd've impounded her. That's what they did to Australian I knew, who was married and had even been operating a business for years in the UK when they wanted her husband to leave her with them so they could get back to him. Europe and the US aren't good places for white people any more.

[mike324]

Consider yourself lucky that they allowed you in and the manager was understanding. Many times people are turned back for having the wrong type of visa, its not too hard to apply for spousal visa. Normally they do not allow people to change from a tourist visa to another type, it needs to be done prior.

You should be better prepared next time. I think you need to read up more on how to apply for green card for your wife, its not as simple as you thought, bringing her in on tourist visa and changing the status.

[Dan5]

You can almost certainly get a marriage visa. It's a lengthy, expensive process, but leads to resident status for your wife. It's the proper visa if you intend for your wife to stay in the USA and potentially leads to citizenship.

Personally I think it's a really bad idea to live in the USA if you can live in Thailand, but it's your choice.

[OMGImInPattaya]

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.

That is completely not true. Many countries don't recognize any old marriage statement. That is why many Thai gals that migrate to the USA, even though "married" in their local home Thai village, went through the Thai ceremony, etc. get married "again" in the USA. Typically a simple court house justice of the peace wedding. I have been involved in two of them.

I think the poster is saying that a legal marriage between an american and a thai (amphur registered) is legally recognized by the US Federal government, which is true. This is so whether the couple lives in Thailand or moves to the United States.

[jmccarty]

Seems a good trick to remember!

[Jai Dee]

One flame post has been removed from this thread.

[mydee]

And bureacracies, at least in most countries, don't make these assumptions without good satistical evidence

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.

[jesimps]

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.

I would say his statement is spot-on. Good for him for mentioning it. Edited October 21, 2015 by jesimps

[HerbalEd]

I agree that US Immigration makes it too difficult for legal wives of American citizens. However, it is what it is and you evidently failed to do proper investigation of US immigration polity before you traveled with your wife to USA.

[Thaidream]

US Immigration never used to treat people the way they do now. America is so afraid of terrorists that it way over compensates in its handling of people who come through legally. This man is ill and has a wife of 10 years standing. So he came in on a tourist visa and now wants to change status. There should be no issues except one that is started by Immigration. Any logical immigration officer when learning of the illness; length of marriage and prior trips to the US will allow change of status without any problem. On the other hand, illegal immigrants pour in from Mexico and other countries in such numbers that the system is overwhelmed and many eventually get to stay and are given work permits or work without them .Some of the have children in the US and the children are regarded as US citizens. The US Immigration system is broken and riddled with incompetence. This is another area that the President and Congress have failed the American people.We may complain about Thai Immigration but it is a breeze compared to what the Americans and Brits put people through.

Edited October 21, 2015 by Thaidream

[lilyblue]

My family has been through this in USA last year (2014). I'm afraid your only option is for her to leave and apply from overseas. I do not suggest she try to reenter on another tourist visa as they will have noted her issue this time.

You may however apply for her current tourist visa to be extended for compassionate reasons if you are unwell and unable to travel. But this must be clearly unable to travel and must be something worse than when you entered as clearly you were able to travel to USA. Its a small distinction but a such significant one to be aware of.

Speak to an immigration lawyer as a fiance visa next time might be more appropriate if you all intend to stay and reside in USA.

[lopburi3]

They are married - he is not a fiance and she is not a fiancée

[BarnicaleBob]

My adult Thai step-daughter entered the U.S. with us on a tourist visa. She ended up getting married while in the U.S. and went to an attorney to get assistance in filing for a green card. It took nearly a year but she got it without having to return to Thailand. Find a good emigration attorney and he/she may be able to sort this all out for you.

[chilli42]

Honestly it won't take that long to get the appropriate wife visa for the US - nice excuse to travel to Thailand for a bit of a holiday. Take the time now to round up all the correct documents. Under the circumstances suggest a visit to a US firm speciAlizing in immigration.

[MauiSteveBKK]

I just brought my Thai wife to the USA on a K-1 VISA.

+ Tourist & Education VISAS are difficult to get and are big "red flags" here in the USA.

+ We were repeatedly warned (and saw thousand times on Internet) NOT to try a Tourist Visa. If they find out she is in a "relationship" she is sent back and can never enter the USA.

+ The K-3 VISA is specifically set-up for your situation.

- I am sorry for your situation.

- You did not do much research on this topic, and tried to do something with the wrong VISA.

- Sounds like to me, the USA Dept. of Homeland Security has been very lenient with you and your wife.

I wish you the best.

[IAMHERE]

"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.

Got to say, go see a immigration lawyer. If you don't have the money then who was gonna pay the bills for your wife?

[paulfr]

I just brought my Thai wife to the USA on a K-1 VISA.

+ Tourist & Education VISAS are difficult to get and are big "red flags" here in the USA.

+ We were repeatedly warned (and saw thousand times on Internet) NOT to try a Tourist Visa. If they find out she is in a "relationship" she is sent back and can never enter the USA.

+ The K-3 VISA is specifically set-up for your situation.

- I am sorry for your situation.

- You did not do much research on this topic, and tried to do something with the wrong VISA.

- Sounds like to me, the USA Dept. of Homeland Security has been very lenient with you and your wife.

I wish you the best.

The K3 Visa is not presently an option according to ...

http://www.kvisas.com/K3-Visa.shtml

JFYI