Would like to update and need some Urgent advice as I am in a big dilemma. One of the worse things that could have happenned, occurred yesterday:
My gf was denied entry upon arrival to the US yesterday.
To summarize, I had a great trip end of 2019 to Dubai with my gf. I came back to the US to continue working while she continued working in Dubai, but she did not commit to her boss beyond the 6 month probation period of her Tennis academy contract, as she would join me in the US and we would marry.
I lost my job in March as Coronavirus hit (I was in the Hotel industry) but thankfully in April a tech firm hired me to do Marketing Strategy and the firm sponsored me. I got approved later for H1B in the lottery.
My gf ended her probation period in Dubai, but because of Coronavirus entry restrictions to the US, she could not travel to the US. She had to go back to Slovakia from Dubai in early summer, where she sporadically worked in Tennis acadmies in Czech and Slovakia as both countries faced Corona lockdowns.
We kept waiting for the opportunity where she could come to the US. The plan was that she would come here and I marry her and then she goes back to her home country and applies for the H4 spouse visa.
Finally by November, we learned that entry to the US based on ESTA(tourist visa waiver program) had reopened. She had been in the US before with an ESTA as a tourist when she was young. It allows a 90 day stay. However, since the European union in November was a restricted, she would have to go through an unrestricted zone and spend 14 days minimum there to travel to the US.
I talked in detail with US customs and border security and they explained me the whole procedure for her entry. I also talked to immigration attorneys just to make sure everything was legal.
She then applied for ESTA and she got approved. She then applied to travel to Dubai again as it is an unrestricted zone, spend 14 days there and then travel to the US.
She came to Dubai end of January first week 2021 and then travelled on 29th to the US. She made sure she got tested for Covid, had all the relevant documents which also mentioned me as point of contact in US.
She arrived yesterday 4PM. She messaged me she had arrived as soon as her wifi worked in US airport. I left for the aiport to collect her. While leaving, the airport border security officer called me to confirm she had travelled to meet me, which I said yes. He also asked me how long she would stay and I mentioned 2 to 2.5 months (which was accurate as in March end, my brother is getting married abroad and both me and my gf were planning to attend the wedding. Thats when she wolud leave the country as well and then later comeback as an H4). The officer told me that she is pending her interview, which I thought was a normal process and said ok.
After the call with the Customs officer, I tried calling my gf but there was no answer nor through any whatsapp/FB messaging. This got me worried. I reached the aiport around 6PM and then waited till 3AM in the morning and finally learned that she had been denied and had to go back.
Apparently, all the time the customs had her phone and were going through it, till she had an interview which was at 1AM in the morning. She had travelled a 17 hours flight, and then was without phone sitting in a room for another 11-12 hrs.
Finally at 3AM she was allowed to talk to me. She explained that they denied her because they saw a 1 month old message from her previous employer, when she was here on a J1 visa last time, asking her if she is coming to the US this time, and that they would like to hire her again. The custom officer thought she was coming here to work. She vehemntaly denied (my gf is a stickler for legal procedures and she never dared to cross any illegal boundaries while in the US or anywhere else previously).
I also tried talking to the US border over phone and said that I am her point of contact and that she has no intention to work and was only here for a visit. They said that they can't reverse the decision and she has to go back and apply for a visa again. No matter what, I or her said, the custom officers would not budge.
Also, they kept her phone till they finished the paperwork. I left the airport at 4AM. I was able talk to her again for few minutes over phone, where I told her to try and to talk to the the Custom chief officer and tell them that her denial is based on an incorrect assumption and that she has an exemplary previous record whenever she has travelled to the US and worked here legally.
Its been 14 hours since then, and no contact. I just finished talking to the chief just now and she is still with them. She will be returned back to Dubai tomorrow. The chief still did not budge and keeps saying the decision is made.
Her phone is with them and can only be given back to her when boards the return flight.
This is extremely disappointing. It throws everything into disarray. I am also concerned about what she must be going through right now and what this experience will make her think about coming to the US in the future.
I can't also travel outside the country to meet her right now as for reentry to the US, I need an H1B stamp which either US embassies/consulates are not doing currently or only on emergency basis.
This is a test from God and might also be punishment for my past fornication sins. However, she is innocent and she is suffering the most.
I have to find a solution to this and would appreciate any advice.