Skip to main content


Throwaway account for obvious reasons.

TL;DR - potential misrepresentation of marriage to a US citizen during CBP secondary, now in US adjusting status, looking for any advice

So, I'm currently consulting with a lawyer on this, but if anyone on this sub has any additional advice, I'd really appreciate it.

I have NZ citizenship and entered the US on F1 status, started working after grad on OPT in 2018 (later extended to STEM OPT) and married my current USC husband in mid-2019. In December 2019, we made the biggest mistake of our lives when we decided to TRAVEL OUTSIDE OF THE US on my expired F1 visa & EAD (not a re-entry document) to visit my parents in NZ. Being dumb, I didn't know that the EAD wasn't a valid re-entry document until we got back to the US in early 2020. Yep, the NZ customs people let me on a plane to the US with an expired visa, still don't know how that happened.

When I put my documents in front of the first CBP officer, he was PISSED and yelled at me for presenting an expired visa, and sent me to secondary. The secondary officers were even worse, told me to sit down and shut up, one of them said "call your boyfriend and tell him to wait", not knowing that was my husband. I tried to speak up and he told me to shut up again.

It was 8 in the night, I've been sleep-deprived for 15 hours and counting, and I was so dead scared that when the guy started interrogating me about my personal info (all recorded), I answered "no" to the question "are you married", thinking I'd upset the guy who told me to shut up when I tried correcting him on the bf line. Now I know that was a horrible, horrible move.

The thing is: CBP let me through with a visa waiver, which I understand is incredibly rare. I now have a valid I-94 for the last time we entered, and we only started our adjustment of status process 10 months later. When we consulted with our lawyer about this, she said a) this misrepresentation may not be material, because CBP can let in F1 visas married to US citizens, b) USCIS might not look at this record and c) if immigration asks about this record of conversation (which they may or may not look at), we should apply for the I-601 waiver, but I understand extreme hardship is very difficult to prove, especially in our case. I'm a NZ citizen, we don't plan to have children and are relatively young, but if I'm barred permanently, we would HAVE to separate because my husband works in a very specialized field that keeps him employed based on his current location in the US only.

Whatever names you decide to call me from reading this, I've called myself worse. I'm absolutely devastated and angry at myself, and half the time I just want to die. Any advice for this kind of unique situation? Would USCIS actually dig deep into CBP records based on my iffy entry dates? Are we doomed?

Thanks in advance for anything you might be able to give me. Again, I know this is the dumbest possible thing I could've done, and I'd redo everything if I could.

submitted by /u/immiTHROWa
[link] [comments]


Popular posts from this blog

What is the DS-160 form and how do I fill it out?

The DS-160 form is a vital document that every individual applying for a United States nonimmigrant visa must complete. Whether you're planning to visit the U.S. for tourism, business, or any other purpose, this form is a crucial step in the visa application process. Here, we will guide you on how to fill out the DS-160 form effectively to ensure a smooth visa application journey. Firstly, it's important to note that the DS-160 form is an online application, so you'll need a stable internet connection to access and fill it out. Begin by visiting the U.S. Department of State's official website and locating the DS-160 form. Once there, carefully read through the instructions and gather all the necessary information and documents before starting the form. As you navigate through the DS-160 form, you'll encounter multiple sections covering personal information, travel plans, family details, work history, and security-related questions. It is crucial to be honest and

Tips for Increasing Your Chances in the Green Card Lottery

Are you dreaming of relocating to the land of opportunities? The Green Card Lottery DV (Diversity Visa) could be your ticket to making that dream a reality. Each year, thousands of individuals from eligible countries participate in this lottery, hoping to secure permanent residency in the United States. While the lottery is a game of chance, there are a few tips that can boost your chances of success. In this article, we will explore some effective strategies to increase your likelihood of winning the Green Card Lottery DV. 1. Submitting Early: Don't wait until the last minute to submit your application. The Green Card Lottery DV has a limited number of slots available, and once they are filled, no more applications will be accepted. By submitting your application early, you ensure that you have a higher chance of being considered. 2. Review the Eligibility Criteria: Before applying, carefully review the eligibility requirements for the Green Card Lottery DV. Ensure that you

What is the Visa Waiver Program (VWP) and who is eligible?

The Visa Waiver Program (VWP) is a valuable opportunity for travelers to visit the United States without the need for a traditional visa. Designed to promote tourism and foster international relationships, the VWP allows citizens from specific countries to enter the US for up to 90 days for business or tourism purposes. This program not only facilitates seamless travel but also saves time and money for eligible individuals. To be eligible for the VWP, one must meet certain criteria. Firstly, the traveler must be a citizen of a participating country, which currently includes 39 nations primarily from Europe and Asia. Additionally, individuals must possess a valid Electronic System for Travel Authorization (ESTA) approval, obtained online prior to departure. This simple process involves providing personal information and responding to a series of security-related questions. The VWP offers numerous advantages that make it a preferred option for eligible travelers. The most significant b