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Old Apr 12th 2023, 5:18 pm
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Default U.S. Customs/Border Control navigation

Hi folks

my wife and I got married in Dallas in January 2023 (yay!) unfortunately I returned to the UK less than a week later so as to not overstay the VWP (boo).

We have an immigration lawyer who is helping us through the necessary procedures and paperwork etc as we look to obtain AOS and my eventual move over to the US.

I’m returning to Dallas for a one-month visit in May before I return to the U.K. (and then France) for work.

Now to my main question, and one with which our lawyer is either not being particularly forthcoming to or I just can’t gauge his answer as it’s neither black nor white.

How do I best approach (apart from total honesty) my border/customs interview. My lawyer has instructed me to never, ever mention Anything about immigration - period,
but to also remain honest and transparent about my visit (to see my wife). I think it’s pretty safe to assume that my wife/our situation/hopeful Immigration, will arise during questioning and I was just wondering if anyone had the same experience (i assume so) and how they handled the questioning.

I’ve been pulled aside for further ‘grilling’ on my
last three trips to the US and whilst it’s not been horrendous it’s certainly no picnic and hot great for the nerves!

Thankyou very much in advance for any help and time on this. It’s greatly appreciated.
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Old Apr 12th 2023, 6:08 pm
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Default Re: U.S. Customs/Border Control navigation

Hmm. Your lawyer’s advice strikes me as clear, concise and to the point.

When I was in practice, I developed three “rules” for clients to follow in any immigration interview. The beauty of the rules was that I could repeat them in front of the examiner because it also made their job easier.

Rule one - tell the truth. It is easier to remember.

Rule two - understand the question being asked. If you don’t understand, say so. Or “what?” or “can you repeat that?” If you don’t understand what is being asked, you can’t be assured of giving a truthful answer.

Rule three - answer ONLY the question asked, nothing more. Don’t volunteer information. I would then give an example (which I acknowledged was bad) that “do you know what time it is?” is a yes or no question.
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Old Apr 12th 2023, 6:13 pm
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That’s fair enough - Thankyou S Folinksy.

i suppose on reflection I maybe should have phrased my question a little differently…

If the topic of immigration were to arise how would one answer appropriately?

I’ve absolutely nothing to hide but i feel like I’m walking on eggshells with these Customs officers!
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Old Apr 12th 2023, 6:35 pm
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Default Re: U.S. Customs/Border Control navigation

Originally Posted by Armw
That’s fair enough - Thankyou S Folinksy.



If the topic of immigration were to arise how would one answer appropriately?
You've been pulled over into secondary on your last three visits to the US. You spent nearly 3 months in the US (from Nov 2022 to end Jan 2023 as per your earlier post) and now you are returning for another month in May.

You can only answer honestly in that you have an application for immigration to the US in process - applying to join your new wife.

I think you can expect further questioning - do you work remotely while in the US?


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Old Apr 12th 2023, 7:06 pm
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Default Re: U.S. Customs/Border Control navigation

Originally Posted by Armw
.... If the topic of immigration were to arise how would one answer appropriately?

I’ve absolutely nothing to hide but i feel like I’m walking on eggshells with these Customs officers!
Firstly, I totally agree with Mr Folinsky's three point advice, and to this day, 23 years after I was in your shoes, and 15 years after gaining US citizenship, I still keep my communication with immigration officers (US, UK, and everywhere else) to a minimum within the requirements to not be brief to the point of rudeness. ... I say "Good morning" or "Good afternoon" on approaching the desk, but don't even engage in a conversation about the weather! A typical exchange would be "Why are you here?" "To visit family", "Where do they live?, "Podunk", "How long are you staying?" "Ten days".

So, regarding your question, applying Mr Folinsky's first rule, and bearing in mind that the officer can see that you have submitted a visa application, tell them that you live and work in France and will remain there until you have obtained your visa. .... I know this marginally breaches Mr Folinsky's third rule, but I think that it is important information that gives weight to your implied commitment to remaining outside the US until you have a visa.

Last edited by Pulaski; Apr 12th 2023 at 7:33 pm.
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Old Apr 12th 2023, 7:10 pm
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Default Re: U.S. Customs/Border Control navigation

Originally Posted by SanDiegogirl
You've been pulled over into secondary on your last three visits to the US. You spent nearly 3 months in the US (from Nov 2022 to end Jan 2023 as per your earlier post) and now you are returning for another month in May.

You can only answer honestly in that you have an application for immigration to the US in process - applying to join your new wife.

I think you can expect further questioning - do you work remotely while in the US?
with regards to recent travel to the US - that is correct. Is there an issue with this? I sense I run a higher risk of being pulled aside due to frequent travel and Hence why I’d like to be prepared.

i did presume that I’d end up having to talk about immigration , I was just a bit confused as per our lawyer i was instructed not to….period.

No I do not work remotely whilst in the US.
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Old Apr 12th 2023, 7:21 pm
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Default Re: U.S. Customs/Border Control navigation

Originally Posted by Armw
with regards to recent travel to the US - that is correct. Is there an issue with this? I sense I run a higher risk of being pulled aside due to frequent travel and Hence why I’d like to be prepared.

i did presume that I’d end up having to talk about immigration , I was just a bit confused as per our lawyer i was instructed not to….period.

No I do not work remotely whilst in the US.
That as you have been pulled over on your last three visits, the officials might be suspicious that you are 'living' in the US, while using the ESTA to do so (in your earlier post you did say you were living in Dallas)
From Nov 22 to May 23 (7 months) you will have visited the US for 4 months.
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Old Apr 12th 2023, 7:38 pm
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Default Re: U.S. Customs/Border Control navigation

Originally Posted by Pulaski
Firstly, I totally agree with Mr Folinsky's three point advice, and to this day, 23 years after I was in your shoes, and 15 years after gaining US citizenship, I still keep my communication with immigration officers (US, UK, and everywhere else) to a minimum within the requirements to not be brief to the point of rudeness. ... I say "Good morning" or "Good afternoon" on approaching the desk, but don't even engage in a conversation about the weather! A typical exchange would be "Why are you here?" "To visit family", "Where do they live?, "Podunk", "How long are you staying?" "Ten days".

So, regarding your question, applying Mr Folinsky's first rule, tell them that you live and work in France and will remain there until you have obtained your visa. .... I know this marginally breaches Mr Folinsky's third rule, but I think that it is important information that gives weight to your implied commitment to remaining outside the US until you have a visa.
Thankyou Pulaski I appreciate the considered response. It’s really useful to me to gauge how others would approach the situation and I’m grateful to you for your suggestion.
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Old Apr 12th 2023, 7:44 pm
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Default Re: U.S. Customs/Border Control navigation

Originally Posted by SanDiegogirl
That as you have been pulled over on your last three visits, the officials might be suspicious that you are 'living' in the US, while using the ESTA to do so (in your earlier post you did say you were living in Dallas)
From Nov 22 to May 23 (7 months) you will have visited the US for 4 months.
If your intention of highlighting my previous use of “living” is to make me aware as the gravitas of the vernacular that we use and the weight given to those words then point taken.

If not then I feel it’s borderline pedantic and maybe I should have used “existing in Dallas”.

I’m aware I’ve have been in the US a considerable amount over recent months, but unfortunately it’s my job that allows me to travel to the US rather than vice versa. As a married couple who’ve been together for over 5 years i suppose I’m just willing to take the risk rather than continue to spend well over half of our time apart….
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Old Apr 12th 2023, 7:45 pm
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Originally Posted by Armw
Thankyou Pulaski I appreciate the considered response. It’s really useful to me to gauge how others would approach the situation and I’m grateful to you for your suggestion.
BTW I did edit my previous post from what you quoted, notably to point out that the immigration officers at the US airports can see when you have submitted a visa application, so not mentioning that when you're asked about your plans could be a huge red flag, as a "lie by omission".
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Old Apr 12th 2023, 7:46 pm
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Default Re: U.S. Customs/Border Control navigation

Originally Posted by Pulaski
BTW I did edit my previous post from what you quoted, notably to point out that the immigration officers at the US airports can see when you have submitted a visa application, so not mentioning that when you're asked about your plans could be a huge red flag, as a "lie by omission".
AH I see!! That is very helpful to know, I had wondered as much.

then what you’ve suggested makes perfect sense - thanks again 👍
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Old Apr 12th 2023, 7:49 pm
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Originally Posted by Armw
If your intention of highlighting my previous use of “living” is to make me aware as the gravitas of the vernacular that we use and the weight given to those words then point taken.

If not then I feel it’s borderline pedantic and maybe I should have used “existing in Dallas”. ...
This is not a pedantic matter, it has the potential to bite you in the arse, hard!

"Visiting" is the word you're looking for, and in the context of visas and immigration you should only use "living" for your fixed home base. Everywhere else you are "visiting", always!
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Old Apr 12th 2023, 8:11 pm
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Originally Posted by Pulaski
This is not a pedantic matter, it has the potential to bite you in the arse, hard!

"Visiting" is the word you're looking for, and in the context of visas and immigration you should only use "living" for your fixed home base. Everywhere else you are "visiting", always!
Thanks again Pulaski. And Thankyou for clarifying.

i don’t consider it a trivial matter at all, it’s just a little harder for some to interpret some responses and can get quite frustrating - straight forward and matter of fact answers are much appreciated.

However, apologies SanDiegoGirl.



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Old Apr 12th 2023, 9:34 pm
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Originally Posted by Armw
with regards to recent travel to the US - that is correct. Is there an issue with this? I sense I run a higher risk of being pulled aside due to frequent travel and Hence why I’d like to be prepared.

i did presume that I’d end up having to talk about immigration , I was just a bit confused as per our lawyer i was instructed not to….period.

No I do not work remotely whilst in the US.
Your issue is not the frequency of travel (and it does not sound like you visit frequently)… I have seen 20+ VW entries in a passport over 12 months… the issue is how much time you spend here as an alien (it sounds like you stay for a long time when you come). 2 or 3 x 89 day trips back to back (unlikely to be allowed by most employers) is more likely to make them think you are living or working here than 10 x 3-4 day long weekend trips which someone could do while still holding down a full time job.

As Pulaski notes the best thing to do is to minimize contact… a good way to do that and save time at the airport is to look in to Global Entry, I think that’s also available with VW now. I use this even now as a USC and even when traveling with my USC wife (who I waited to marry until after I became a LPR via employment). She refused to apply so now I go through Pre with both my sons and she has to go through the long line and take off her shoes…

You also mention AOS in your first post and that’s what they are “worried” about you doing, that is done while you are in the US and unless you have a visa that allows travel like an L1 you then can’t leave the US while AOS is in process. What you are doing if you are applying from outside the country is applying for a visa. It is my understanding that if you come here with the intention / plan to do AOS while in the US on a VW that’s illegal… had you put in for AOS after a spontaneous marriage in the US and remained that wound have a been a grey area…

Last edited by tht; Apr 12th 2023 at 9:46 pm.
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Old Apr 12th 2023, 9:45 pm
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Default Re: U.S. Customs/Border Control navigation

Originally Posted by tht
Your issue is not the frequency of travel (and it does not sound like you visit frequently)… I have seen 20+ VW entries in a passport over 12 months… the issue is how much time you spend here as an alien (it sounds like you stay for a long time when you come). 2 or 3 x 89 day trips back to back (unlikely to be allowed by most employers) is more likely to make them think you are living or working here than 10 x 3-4 day long weekend trips which someone could do while still holding down a full time job.

As Pulaski notes the best thing to do is to minimize contact… a good way to do that and save time at the airport is to look in to Global Entry, I think that’s also available with VW now. I use this even now as a USC and even when traveling with my USC wife (who I waited to marry until after I became a LPR via employment). She refused to do it so now Ingo through Pre with both my sons and she has to go through the long line and take off her shoes…
I’ll look into Global Entry - thanks.

My previous trip was long’un pushing the 87 day mark i believe. However this one (and my third most recent) is for less than a month in duration.

If it’s of any use/importance I am a chef for a wedding company based in both the U.K. and France that gives me the very fortunate opportunity to travel more frequently than most and also to save money quite intensely prior to travelling hence the frequency and duration of my trips.
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