Lammy123

My wife, currently living in the US, has submitted a petition for me to move to the US. The application is ongoing, but I am going to visit her on a tourist visa next week.

When I go through the USA border control and they ask why I am in the US, do I have to tell them I am married to a US citizen and have a visa application outstanding?

I am scared they may see me as a potential risk and likely to stay beyond the 90 days (which I do not plan to do). Should I just say I am on vacation visiting friends, or is it better to be honest. Will it affect my visa application if I am dishonest when entering?

fatbrit

I think they might already know.

Just answer any questions in a straightforward manner.

md95065

No - you have to tell them why you are in the US.

You should be honest and answer whatever questions are asked. While you should not volunteer information that has not been asked for you should also not be so vague with your answers as to appear to be misleading or evasive.

If the reason for your visit is to visit your wife, then that is what you should say, as in "I am visiting my wife" - don't go into explanations of her citizenship or your visa application unless or until you are asked (and you probably will be) and then just answer the questions (honestly).

Lying to the US Federal Government is a really bad idea.

ian-mstm

No, you're not. You're going to visit her using the VWP... which stands for visa waiver program (read = no visa).


Do not volunteer information not specifically asked for. Answer only the questions asked. "I'm married to a USC" isn't the correct answer to the question "Why are you in the US?"


If you lie and get caught - you will not only end up on the next flight back home, you'll likely incur a permanent ban from the US... and it won't matter one iota that you're married to a USC.


Yes, but only in the sense that you'll likely be banned from the US.

Ian

ginstwin

I am in a similar position.

I am awaiting approval for I-526 (EB5) .I would guess that i am at best halfway through the process.

I am concerned that if i try to visit the US on my B2 while awaiting approval i may encounter a bureaucratic problem .

Ideally i would like to visit for a 1 month holiday to ensure all is well with my vacation home. But i wonder if i fall under the "intending to emigrate" even though i will have return tickets with me.

Any thoughts?

discoviking

Intending to immigrate eventually is not the same as intending to immigrate on *this* particular trip.

ginstwin

Thats my thinking but a few places I've read suggest otherwise. The suggestion is because one has filed for an immigration visa then one has intention to immigrate. Its a technicality and i can't get clarification anywhere . It depends on the POE officer.

My lawyer suggests that he will write a letter confirming it is my intention to leave the USA after 1 month and do consulate processing .

If anyone has been in a similar position i would greatly appreciate any info.

To the original OP sorry for hijacking your thread but hopefully we will get similar answers.

rpjs

Nothing is guaranteed, but the fact that you have lodged the petition shows that you're following the immigration rules. In general, border agents like people who show evidence that they follow immigration rules more than they like people that they have no evidence either way for. If you look in these forums, you'll see there are plenty of people who've successfully visited the US while their immigration process is underway.

ginstwin

Thanks very much for that. I am really hopeful that they take that view.

I have searched but i can't find similar posts where people have gone to the USA for a visit while awaiting an immigrant visa approval. Can you point me in the right direction please.

ian-mstm

I submit that you haven't searched hard enough, or have used the wrong keywords in your search.


http://britishexpats.com/forum/showthread.php?t=706114

Ian

discoviking

Then maybe you should stop reading those 'other places'. Again, there is a difference between intending to immigrate eventually, and intending to immigrate on *this* particular trip. Your objective of course becomes to convince the CBP officer at the POE what your current intention is, i.e you are intending to immigrate eventually and are doing it by the book, but you are only visiting *this time* and will return home at the end of your visit.

Many people have been in this situation, including myself back in the day when my K-1 visa was being processed. I was visiting my at the time fiancee during Christmas, and after being questioned and explaining to the officer at the POE that I was only visiting for 3 weeks, I had to go back to finish my last semester in college, I knew I needed to go back and attend my visa interview and would be immigrating next summer, then showing her my return ticket upon her request, I was admitted. I even got a smile and 'Enjoy your Holiday!'

ginstwin

Thanks for the pointer Ian. I hadn't seen that thread.

I appreciate your help.

ginstwin

Discoviking. Thanks so much for the concise info.
I totally agree with you that its the difference between this trip and maybe the next trip that i need to to focus on.
I have no intention whatsoever to immigrate on this trip. Even if i wanted to i couldnt because of the ties to uk that need sorting out once i have my visa approved.
I have a B2 at the moment (have had it for 6 years) and hopefully once they view my track record of always leaving many weeks before my deadline on every trip plus my ties to uk i will be allowed the short trip that i am looking for.

I think the confusion is that others may have tried to change status in US and have been refused entry or warned. I most certainly am not in that position nor want to be.

Really appreciate the time you have taken in answering my concerns.

crispin

FWIW (and I know I'm coming into this late), I did a large number of VWP entries entries while my petition for H-1B status had been submitted last year (the company submitted the petition 1st April, and I entered in April, May, June, July and August in WT status).

Only once was I asked 'do you have a visa application in progress' - I correctly answered 'No' - I didn't volunteer that there was an H-1B petition approved (as it was at the time). I had not submitted the DS-160 visa application form yet.

Have you actually applied for the visa yet? If not the answer to the above question is No, and in any case, don't volunteer information, just answer truthfully and you will be fine.

FYI - the last time I entered under VWP (in August 2010 - following 5 trips in the previous 5 months) the immigration guy just said 'Wow, you have been here a lot recently' - I said 'Yes - tell me about it - I'll be glad when I get home in a weeks time' - absolutely zero questions after that, he just did his stamping and I was on my way.

In short - don't worry!