Hello!!
Just a short question?? I married my husband Jan,2nd 2003 and I plan to visit him for 3 weeks in May. I am told that I may will get problems to enter the U.S.A. because they will think that I will stay illegal. I know that they think that any time*SMILE*, but have someone ever made that experience??? I can not relly believe that! I will have a round ticket!!
THX, Nicole

the first time I ever went to see clinton it was horrible...I landed in Washington and had to take another plane to Richmond. Well it started in Belgium when the americans shecked my passport ( I was flying with American airways)and they put a sticker on it. I did not know what it meant , but that sticker got me in all kinds of problems. When I landed they saw this sticker and they took me aside and questioned me for 4 hours. It was the first time I was in America and the first time I made a trip like that alone and I was very scared. Very scared....they kept questioneing me over and over again, the same questions all the time, just asked by different mean men, and they were mean...and all this happend more then 5 years ago, so before all this 11/9 and war started. So I could not tell them I was there to see a man in prison...but then they looked at all my belongings and read everything. there was one letter from Clinton with his addres and they saw that and then questioned me about that over and over...at last I just told them what I was there for and who I was going to visit...after more time they saw a picture of my children and thay asked me who they were...when I told them it were my children they sayd, then why did you not say befgore you had children in Belgium( they never asked me)....well...it was then I think they believed me that I was going back to Belgium after the visit. I could go but missed my flight.....anyway ever since that time I always took pictures from my children and put them i my pasport and I alwasy had an addres where I could stay so i could tell them I was just visiting friends for a week....I never had any problems since then...I do know that when woman travel alone they always think they will stay in America and not go back...and one girl here at PTO is actually going to do that so I guess there are more who do it...but I was freaked out that first time and have learned a lot from that...hope you will be okay!!!

I've visited the States a few times from the UK and never had any problems. I've always had an address in the same State that I said I was staying at, even if I wasn't and I never admitted that I was there to visit a prisoner. I always said I was there on holiday. I know someone who said she was there to visit a prisoner and had a long wait to be let in.
Enjoy your trip!

First off the sticker in you passport Hilde was a visa sticker..they no longer use jthem they ysed stamps now. I have no idea why they targeted you but when traveling to Europe with a friend they targeted her in Italy...they ripped apart her luggage too. I think these things happen and there is no reason why.

Nick, as long as you say you are here for vacation, have an address avalible where you'll be staying, things should be fine. Now I would not tell tehn your here to see an inmate. Just say that you are here and meeting friends from where ever and will be staying in a hotel. State your job at home too. You should not have a problem as you do not need to get a visa from Germany in advance. Things have been strickter since 9/11 and definately now with the war going on but yo'll be fine.

I just wanted to say congrad. :)

Nicole,

I am in Canada and you would think that being a neighbor to the United States would be easier but sometimes it is not.

I have travelled extensively in the US for my work and most of the time I get in and out without any problem - occasionally however I get hauled off into a room by US Immigration and questioned. It is a hit and miss thing and not necessarily something that you can plan for or avoid.

It is kind of like you just take what comes... you just never know... Is it your look? Is it where you are travelling from? Is it your destination? You just never know.

Oh, and the round trip ticket? To Immigration that means nothing. Anyone that intended to stay in the US would purchase a round trip ticket just to make it look like they would leave... I often fly into the US on a one way ticket and I have no more hassle doing that than with a round trip.

Just have all your documentation, addresses and information ready and I am sure you will be fine. I hope that you will be fine.

hi :D
i didnt had any probs the first time and you are the first to know how it went in april!
Dont worry about it, it will be fiiiiine, im sure! make sure you have the phonenumbers of your inlaws with ya, they can confirm that you go back to germany.
greetz, tamara

ps Hilde, there are two here who are going to do that and its not illegal to stay after your married, its the attorneys who say that. Or do you mean someone from here is going to the States, without getting married, and stay then?? wooow im to much of a sissy to do that :)

Hey Nicole,
Im from England as well and my fiance is incarcerated in CA. When I went for a visit in Jan this year I had no problems, I was asked how long I was staying which was only 8 days and that was it. As long as you have your return ticket and an address your staying in the states there should be no reason for them to question you!
If they check your bag make sure you have sexy underwear at the top that will move things along quicker I bet!!!!!!!!
Hope you have a great visit
Joanna x x x x

Hi Nick. Don't feel like you are being singled out. We all experience this when travelling to other countries. For probably very valid reasons, the US believes that any foreigner entering their country wants to stay. As us "foreigners" know, this is not the case, but you are not going to change their minds. I've been treated that way, upon occassion, when travelling from Canada to the US, and I do this quite regularly. Especially when flying. Just answer their questions honestly, and have the information they request readily available. You have nothing to fear unless you are breaking the law. All the best.

Once I arrived to JFK airport wearing an old coat, not shaved, tired and sleepy, with my suitcase as only luggage, because I was visiting a company for business two days, and was planning to buy new clothes in NY. I was practically detained, my suitcase ripped off, and had to respond to many questions, fortunately no longer than 20 minutes.

In the many following visits to JFK and other airports, I dressed up in a dark suit, white shirt and elegant tie, as if I was going to marry. Same circumstances, same lack of luggage, same kind of visa, but I only heard "welcome to the United States, SIR" And always coming from a Latin American country, a circumstance that make us all suspicious.:)

So, the recommendation is: wear very fine clothes, show off the trademark labels, give special care to your face and hair, avoid earrings or particular makeup, smile and relax.

Un abrazo,
Andrés

In the many following visits to JFK and other airports,


Off Topic..>BUT Andres, when you come to JFK again, please let me know...I'll be there to Greet you and save ya the problems!!!:)

Your American-Connecticut Friend!


Pammie

Mara posted reply on 24th March
""ps Hilde, there are two here who are going to do that and its not illegal to stay after your married, its the attorneys who say that. Or do you mean someone from here is going to the States, without getting married, and stay then?? wooow im to much of a sissy to do that ""

I just want to clarify the law regarding foreigners married to US citizens in prison/jail.

It IS illegal for anyone to stay permanently in the US after marriage to a US citizen UNLESS the proper paperwork has been completed and because one of the couple is in prison, it is totally impossible to complete that paperwork and fulfil the criteria.

Any alien marrying a US prisoner is running one heck of a risk of not being allowed back into the US on subsequent visits.

The INS may accept explanations of job, residency and life in another country, plus the idea of a long-distance marriage and let someone in and out to visit, but they may just as likely see the alien as using the marriage as a way into the US through the back door.

The INS are obliged by their own rules to view any "alien" marrying a US citizen on US soil as a potential or defacto resident.

The INS' own advice is for American citizens wanting to marry a foreigner to do so in the foreign country and then file an "Immediate Relative's Visa Petition" either in the US Embassy in the foreign country or in the INS office closest to home back in the US.

Of course this lets out all prisoner-marriages!

Aliens coming to the US for the sole purpose of marrying a US citizen have to apply for a Fiance(e) Visa - a K-1.

You can marry by bypassing the legal requirements - locals authorized to perform marriage are not obliged to ask to see the K-1 because the "proving of a valid marriage" can take place after a wedding (...however that is even harder than getting a K-1).

Those who marry without a K-1 and/or cannot fulfil the criteria for a "proof of a valid marriage" run the risk of the INS denying re-entry to the US afterwards.

Here is what the law says..........

(Please note that the law describes the participants thus: the "Petitioner" is the US citizen, the "Beneficiary" is the alien)

Alien Fiance(e) and US Citizen:

To comply with the necessary laws the couple need to get a K-1 Visa for the "alien".

The American citizen must file the following with the INS:

1 Immigration Form I-129F, Petition for Alien Fiance(e)
2 Form I-134, Affidavit of Support, along with documents showing that the Petitioner is willing to take financial responsibility for the Beneficiary as evidenced by
(a)Banks statements of the Petitioner
(b)Employment certification of the Petitioner
(c)Document showing the value of any of the following property, if owned (i) bonds and stocks (ii) real estate (iii) mortgage information (iv) life insurance.
3 Separate color photos of the Petitioner and the Beneficiary, plus form G-325A, 5- Biographic information , for each person.
4 Proof of American citizenship of the Petitioner
5 Proof that any previous marriages have been terminated by death, divorce or annulment.
Affidavit from the Petitioner stating how the couple met, how they decided to get married, and the plans for the marriage and the honeymoon.
6 Proof that the Petitioner and the Beneficiary have met each other (i.e. physically been together) within the past two years: these must include photographs, plane tickets, letters etc.
7 Proof that there is an intention to marry within 90-days after the Beneficiary arrives in the US. These must include: Letters, long distance phone bills, letter from the religious or civil authority who will officiate at the wedding, letter from the place where the reception will be held, engagement/wedding announcements and invitations.

There is a filing fee of $95. All documents must be sent by certified mail.

Now....this is the kicker for prisoners.......even if they could manage to fulfil the above, they have no hope of doing what comes next.

After all those documents are received, the INS calls the Petitioner in to the local INS office for an interview for which s/he must bring all originals of the documents above.

If the INS is convinced the marriage is genuine (and they will not for prisoner marriages because prisoners cannot attend the interview and in most cases cannot support their intended spouses) then and only then does the INS give the Notice Of Action Form I-797 and the Beneficiary is given leave to apply for the K-1.

In the meantime, the Alien has to provide the following:

1 A current passport for self and any children under 21 if they intend to accompany the parent
2 Birth certificates for self and children
3 Documents to prove termination of previous marriages
4 Police clearance from all places the Beneficiary has lived for more than 6 months. (The INS will do their own police check within the US)
5 Three photos of self and children
6 Medical examination report for self and children (if you or children have certain illnesses, entry will be denied)
7 Form I-134 Affidavit of Support
8 Form I-864 regarding rights or otherwise to work in the US

And it doesn't stop there.............if you make it past the K-1 stage and get married, you then have to apply for an Adjustment of Status and this requires the following "Proof of Valid Marriage"

Any alien marrying a US citizen who requests to stay in the country (whether they intend to apply for a green card or not) has to "prove a valid marriage" by producing the following:

1 Marriage certificate
2 Birth certificate for Petitioner and Beneficiary
3 Identification documents for the Petitioner, e.g. Driver's Licence, employment ID, passport and credit cards/documents such as bank details
4 Current passport and Form I-94, "Arrival Record" of the Beneficiary
5 Social Security card of both Petitioner and Beneficiary
6 Lease/deeds on accommodation lived in by both Petitioner and Beneficiary, plus proof of rent/mortgage payments
7 Hospital cards, Union Books, Insurance Policies, Pay Vouchers, Bank Accounts, Utlity Bills and Charge/Credit Cards in the names of both the Petitioner and the Beneficiary.
8 Affidavit of Support by the Petitioner if the Beneficiary is not employed and cannot provide any/some of the above.
9 Letter on company letterhead from Petitioner's employer stating when employment began, salary, tenure of employment, marital status, dependents claimed, person to be notified in case of emergency (to prove that what the couple are telling the INS gells with what they are telling employers!)
10 Federal and State income tax returns, signed, dated and authenticated by the IRS for the years the Petitioner and Beneficiary have been married.
11 Wedding pictures of Petitioner and Beneficiary
12 Snapshots of Petitoner and Beneficiary taken both before and after marriage

All this above is designed to prove that it is not a marriage of convenience.

The only possible legal way around this, and I have only ever known one woman who did it, her husband's family sponsored her.

Somehow, the local INS office agreed that the family could act in place of the husband in terms of fiscal responsibility.

She was given a limited leave to work which was revoked when her husband was executed by the State.

I hope this clears things up for anyone thinking of doing this.

My man is in prison and so I know how the longing to be closer can be overwhelming.

However, denial of entry back into the US is a high price to pay.

Unless there are significant benefits to be being the "legal" spouse of a prisoner (as opposed to a spouse in one's hearts!) such as increased visitation, conjugal visits, etc., this is not something I would advise any foreigner to do.

And in these post 9/11 days the risk of denial of entry is even greater.

It's something that needs a lot of thought and I would recommend it's well worth spending a few hundred dollars on a specialist attorney to make sure that all that can be done to minimize risk, is done.

At it's worst, if the alien spouse stays in the USA without the proper paperwork the INS can claim it is a "marriage of convenience" (because it is impossible to prove "valid marriage") and the penalty for that is a fine of $250'000 and 5 years in prison.

I hope I have not scared anyone, that's not my intention, but I do urge anyone to think carefully before taking this step.

Please visit a competent and reputable lawyer whose practice is INS law. They do know what they are talking about!