[FL] How can I legally extend my spouse’s visa waiver from Spain before the deadline without risking deportation or separation?

FL Immigration Law

Clay G., Esq.

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Ok. It sounds like maybe at least part of the issue was that CBP thought she was spending too much time in the U.S., for example by coming too frequently without spending significant amounts of time outside the U.S. in between. (8 U.S.C. § 1187)

Since we're not allowed to provide legal advice here (we can only answer general legal questions), I can't tell you what you should do specifically. However, if it were me, I would heed the CBP officer's warning and not try to use an ESTA anymore, at least for a while.

If you are a U.S. citizen and your marriage is bona fide (i.e., not just for immigration purposes), then you can petition for U.S. lawful permanent residence for her. It sounds like that is probably the best path forward. (8 U.S.C. § 1151(b)(2)(A)(i))

USCIS Form I-864 | Affidavit of Support

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Hi. This is regarding immigration help. My wife and I are having to extend her visa waiver (Citizenship: Spain) and we were going through a lawyer, but the cost last minute was extreme. We were prepared for about half of what showed up on the invoice. We have to file by October 25th and we want to do this legally, but we don't have much time.

You see, after telling us a process that would be illegal for her (and would result in her deportation) the CBP officer at the Miami Airport informed my wife that if she left and tried to return to the US to visit me, that she would be detained and we are worried that if she leaves, we won't be able to be with each other/live together for the foreseeable future. Please help. I love her so much and I can't stand the thought of her never being able to come here.

Lexi, Chatbot

Where are you located? It matters because laws vary by location.

Broward County, Florida.

Lexi, Chatbot

Has anything been filed or reported?

No.

Lexi, Chatbot

Is there anything else the immigration lawyer should know before I connect you? Rest assured they'll be able to help with your visa waiver extension.

Yes.

Clay G., Esq.

Hello! I am Clay H. Greenberg, an immigration attorney with several years’ experience, and I will be assisting you with your question today. Please give me a moment to review your question. Some answers may take a bit of time to prepare, so if you do not hear from me immediately, rest assured that I have not forgotten about you! Feel free to reach out if you have not heard back from me in 15 minutes.

Yes, she is a resident of Mexico. My job would not let me work remotely from there, so that (and the fear of God that US Customs and Border Protection (CBP) put into us) is the only reason we are seeking help, otherwise we would be living in Mexico.

Clay G., Esq.

How are you today? Could you please provide some additional information about your situation? Are you and your wife inside the U.S. currently?

We were working with another immigration lawyer, but had not retained her formally. When she sent us the invoice, it was more than double the cost she quoted us, so we feel very backed into a corner on the legal front: either I find $10k somehow or my wife leaves and I don't know if she will ever be allowed to come back. Hence, the consult haha. Well, not doing so well I guess haha I hope you are having a good week though!

We really just want her to have residency so that we don't have to fear that she will be denied entry or deported when all we want to do is complete this process legally and live our lives, in the US or otherwise.

Clay G., Esq.

I'm sorry to hear you're not doing well, but I completely understand. Are you a U.S. citizen?

Yes.

Clay G., Esq.

Ok, and your wife is a citizen of Spain but is living in Mexico?

Dual citizenship: She was born and lives in Mexico, but her father is Spanish so she has been using that citizenship to enter the US on the EU Visa Waiver Program.

We hadn't had any issues until this visit, where the US Customs and Border Protection (CBP) told her she would be detained if she tried to come back.

Clay G., Esq.

I see, thanks for clarifying that. So, she had been using an Electronic System for Travel Authorization (ESTA) to enter the U.S. for up to 90 days and visit you? What happened then? How did she end up with that warning from CBP?

They said her activity was "suspicious" because she was hiding her real identity (according to them she should enter next time as a Mexican citizen, but that would immediately get her in trouble since she has always used the Spanish one) and she stayed for 70 days last time.

Clay G., Esq.

Ok, thanks for confirming that. Assuming her Mexican and Spanish citizenships are both legitimate and that there is no fraud involved with either of them, I don't understand what the issue is with using one of them as opposed to the other one. She should be able to use either one, although she can only use one of them for each visit. If she failed to disclose both citizenships when applying for the ESTA, I suppose that could be an issue.

What would be your approach to the process?

Clay G., Esq.

Right, but we wanted to use a lawyer to make sure that we do everything by the book. We are in a same-sex marriage and the current political climate makes us worry about the process of being recognized.

Clay G., Esq.

That makes sense. Using a lawyer is always a good idea, if possible. Unfortunately, we cannot represent customers or perform legal work for customers here. We can only answer general legal questions.

Okay, thanks for the help.

Clay G., Esq.

You're welcome. It was my pleasure to assist you.

Clay G., Esq.

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