# Visa Question - Post Rejection @ Airport



## zaph0d (Oct 28, 2009)

I am asking on the behalf of a friend this is his story I cut and pasted it ...please excuse any grammatical error as he is not American....

I am from Spain and I lived in the US for approx. 1 and a half years.... but I came to the US on a tourist visa 90 day. I always left and returned with in the 90 day period during this 1.5 year stay every 90 days ... I would leave the country for approx 4 days
1st I went to back to Spain for 20 days then back to the states for 90 days 
then I flew to the Bahamas before my visa expired .... stayed there for 6 days then came back again for another 90 days... then before my visa expired i left "?
stayed for another 90 days then I flew to Cancun stayed there for 4 or 5 days then I flew back to the US. and stayed another less than 90 days I always left before the 90 days except once Immigration stayed I stayed 91 days but I believe this must have been a clerical error ...anyway this continued until finally I came back into the country from Cancun and they said to me that they would not renew my visa as I have stayed consistently too long over a period of a year and a half in the US and i must go back to my home land as I have found the loophole ....so they told me I have 5 days until my original tourist visa expires so I left the country in those five days back to Spain... I then stayed there for a little over 2months and flew back into the states and before I could to my actual destination immigration put me in a room for 4 hours and asked me many questions I told them I was going into the country for a wedding which was the truth they told me how can I afford so much travel and staying in the states for so long with no work ... I told them my family helps me and I have a company in Spain that does well enough for me to manage... the laughed in my face ...I then said I have done nothing wrong why are you treating me like a criminal...the officer then cursed at me and said [email protected]#k it send him back... they then put me on the next flight back to Spain and told me I am not allowed to come to the US with out a visa...

My question is this I have an American girlfriend she now lives with me in Spain.... I have been in Spain since Feb march of 2009 I flew into Philadelphia in may and this is when the denied my entry if you will... 

We are planning on getting married but we need to apply for a fiance visa to get married in the US.... this is about 500 dollars... I don't want to apply for this just for them to deny me the visa and me loose all my effort time and money...

how can I legally go back to the states I have been officially not in the states since may ...should I apply for the fiance visa at the American embassy here in Madrid with my girlfriend .... should I apply for a tourist visa first which is not expensive and then in the meantime apply for the fiance visa... how long do I have to wait to go back into the country i was there for about 1.5 years...and now I have been out of the country for a year except that 4 hour visit with immigration in Philly.... what should I do .... we both want to go back there together and live... 

thank you so much in advance for your response...

oh ...oops and was I deported or only denied entry and if the answer is denied entry then for how long .... can I travel back into the country on a tourist visa ... like I did the first time ... while the fiance visa is getting processed... what are my options if i even have any... my goal is eventually to live in the US with my girlfriend who by that time should be my wife and work and be free and not bothered for falling in love with an american....


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## Fatbrit (May 8, 2008)

zaph0d said:


> I am asking on the behalf of a friend this is his story I cut and pasted it ...please excuse any grammatical error as he is not American....
> 
> I am from Spain and I lived in the US for approx. 1 and a half years.... but I came to the US on a tourist visa 90 day. I always left and returned with in the 90 day period during this 1.5 year stay every 90 days ... I would leave the country for approx 4 days
> 1st I went to back to Spain for 20 days then back to the states for 90 days
> ...



Much will revolve around whether he incurred any bans while playing with CBP. From his description, it's impossible to tell. He needs to look at all the annotations in the passport and any other paperwork he was given. 

The easiest method provided he hasn't picked a ban is probably to marry in Spain and apply for a CR1 immigrant visa.


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## Fatbrit (May 8, 2008)

Added:
Most marriage-based visas are pretty straightforward and don't require much professional advice. Your friend's is looking complicated. AILA's Immigration Lawyer Search


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