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  • CBP office interview

    Hello to everyone. I am just new in the forum. I am happy for having signed up as there are a lot of useful informations for my upcoming AoS process.
    I would like to have advice about my personal experience and see therefore if I can avoid to spend other money on lawyers.

    Three years ago I met my husband in LA while I was working at university. After my J-1 expired I travelled back and forth from France, both to visit friends and professors I worked with and keep traveling and to meet, at the time, my boyfriend. We got married last summer in France after he proposed to me. After the wedding, I crossed the border couple of times with an ESTA and every time I went back to France before ESTA expired. Purpose of the trip was every time visiting my husband and keeping collaborating with professors of my university in LA.
    However, the mistake I made was to not say I had my husband in US. I always told that my purpose was traveling and visiting, which was true. I was just afraid that they would have turned me down to France. At the time our plans were not so clear that is why we did not ask for a spouse/fianceè visa and kept crossing the border with an ESTA.
    In December, anyway, I decided to visit again for the same reasons of the previous trips for 2 months, for the 3th time. We also had planned to consult a lawyer to see what was a legal way to stay in US or have my daughter come living to France. This time, though, I was held at the border for further information and....I kept saying I was visiting for other reasons(which was still true) but not my husband. We eventually filed for AoS since our lawyer told me that I legally crossed the border without the intention to overstay. But I am really scared that what I said at CBP will come out during the interview. I might even prove that I had no intention to stay but only after our consult we decided for AoS.
    If someone can tell me how to best act in this way, I would be really grateful

    Also, I got the ESTA last year before the wedding. Did I have to change any info on my ESTA after the wedding? Because I did not and if so, I really did not know I had to. I communicated it to US embassy though.

    Thank you!


  • #2
    Well, you didn't enter the USA with the intention to marry, that is good. You didn't say you are going to visit your husband, not good. You already traveled 2 times without overstaying your ESTA, that's good. I think your case presents some risks but as long as you entered the USA without the intention to stay and then your husband convinced you to stay, the risk will be less.

    At your interview is better to disclose all the information and not hold anything, be truthful. You are scared for a reason, you didn't fully disclose all the information at CBP and that could be seen as lying. I hope that will not cause any problems but I'm no expert. Good luck.
    Nov 2018 - Package sent - EB - Texas Service Center
    Day 1 - Package received at the lockbox
    Day 999 - Card delivered to me - Aug 2021
    ---
    All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

    Comment


    • #3
      Enub4 Thank you for the answer. I am just afraid because I do not want that they might think I crossed the border with the intent to overstay. I also have my father with severe health's conditions and I've thought to use it as a proof.

      Comment


      • #4
        I am sorry to say it but for what you've said here I see a lot of red flags. Did you marry with the intention to obtain a green card? Or is this truly for love? That's where you'd need to convince the IO. You basically lied at the Port of entry, you've been married to a USC and you didn't disclose that, why? There was no reason at all to hide that. Also, the fact that you're married, why would you still live in France??? You better have a very convincing story and have very strong documentation that this is a strong bona-fide. Because I can tell you right now you're gonna get drilled at that interview.

        Also, I'm just curious, what address did you put in your I-485? Because it'd ask you for the previous addresses. I

        hope everything goes well.

        Cheers!

        Comment


        • #5
          Johnny6751
          Not at all Johnny! We have been together for three years and only when he realized that our paths were going to split up he asked me to marry him. He could not bear to stay apart from me for a lot of time, every year. I do not think there are going to be any problem to prove our marriage. If it was like you said I would not write on this forum and I would have hired a good lawyer.
          Regards to the POE. Yes, like I said in the first message, I did not disclose my husband. But never lied. If they have had asked me if I was married to a USC I would have answered yes, without any doubt. I also sent all the documents to US Embassy to comunicate I got married with an USC. Like I said, being with an ESTA at the border, I was afraid that they could turn me down to France because they could think I could overstay.

          Comment


          • #6
            Originally posted by TravelingLilly View Post
            Johnny6751
            Not at all Johnny! We have been together for three years and only when he realized that our paths were going to split up he asked me to marry him. He could not bear to stay apart from me for a lot of time, every year. I do not think there are going to be any problem to prove our marriage. If it was like you said I would not write on this forum and I would have hired a good lawyer.
            Regards to the POE. Yes, like I said in the first message, I did not disclose my husband. But never lied. If they have had asked me if I was married to a USC I would have answered yes, without any doubt. I also sent all the documents to US Embassy to comunicate I got married with an USC. Like I said, being with an ESTA at the border, I was afraid that they could turn me down to France because they could think I could overstay.
            I understand your point, but trust me, the IO doesn't think that way. You didn't provide the right reason as to why you entered the country. Again, I don't doubt your marriage is not real but the first thing the IO thinks when you guys walk into that interview room is that your marriage is fraud. Having that said, red flags is something they take very seriously. All I can tell you is have in mind what you'll tell the IO should that concern arises.

            Good luck.

            Comment


            • #7
              Originally posted by Johnny6751 View Post

              I understand your point, but trust me, the IO doesn't think that way. You didn't provide the right reason as to why you entered the country. Again, I don't doubt your marriage is not real but the first thing the IO thinks when you guys walk into that interview room is that your marriage is fraud. Having that said, red flags is something they take very seriously. All I can tell you is have in mind what you'll tell the IO should that concern arises.

              Good luck.
              Ok, thank you. I believe at this point we have to hire a lawyer that will support us during the IO interview. Not having experience in this kind of interview and panicking, will not help for sure show the truth.

              Comment

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