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immihelp
08-08-2010, 04:51 PM
Hello

This is an important request that i make to you. I will try to tell you the situation as it is. My name is Yann, i am french, 32, and my significant other is an american citizen, 53, currently unemployed.

I have come 3 times here under the Visa Waiver Program, but this time, a CBP officer told me that i came too often and that i have to go back at the end of my trip, then i won't be able to come back during one year and that also i will need a visa to come back. You will easily understand that this situation (that i didn't expect at all, i mean i didn't mean to do anything wrong) is hard for us. I would love to know if a marriage with her would allow to make me stay or not, or if we should leave together if we don't want to be separated.

Thank you for your advice, i hope you'll be able to answer to that request. I hope you understand that i need a sincere answer. One lawyer told me that it is possible but i prefer to consult several before to do anything.

immihelp
08-08-2010, 04:51 PM
If you get married to him, you can stay in US permanently. Read
http://www.immihelp.com/greencard/familybasedimmigration/ (http://www.immihelp.com/greencard/familybasedimmigration/)

jcsf
08-10-2010, 09:59 PM
The officer is trying to scare you. There is no law or statute that dictates you must get a visa next time you visit. Of course the officer at the port of entry can decide to refuse admission (whether you're using the VWP or even a valid Visa), but "you are not allowed to come back using the VWP coz you come too often" is not a valid reason for refusal.

The immigration officer tried the same junk with me six years ago. I spoke to an immigration attorney when I got back to London and she told me he was "yanking my chain" and probably hadn't had enough caffeine.