Desperate Dan

Hi all,

I was hoping somebody might be able to give me some advice on getting past point of entry officials when I fly into the states next week.

My situation is that I am a UK citizen and my wife is a US citizen with permanent residency in the UK. She has recently moved back to the states to take up a job (August) and we are planning to file for a green card on my behalf but have yet to begin the process. The initial plan was to do this with her in the states and me in the UK. However, I no longer have employment in the UK and, because of this (I'm an academic and the job market is quiet right now but should open up again in the new year), we decided that I should spend this freetime with her in the states. I'm planning on entering on a visa waiver and staying until Christmas (the return ticket is booked for 22nd December). During my time in the states, I was intending to do some research/write papers, as I can just as easily do it in the states as in the UK. After I had entered the US, she would then file the I-130 and I would come back to the UK at Christmas and wait until the visa came through.

I fully intend to leave because I expect to get in legally and I wouldn't want to jeopardise my chances but, from reading various things, it seems that the emphasis is on me being able to demonstrate to the POE officials that I don't intend to stay rather than the other way around i.e. them demonstrating that I do. The problem is that I don't have much to convince them: I have no job or property in the UK + am currently living with my parents. The only thing is that we have a UK bank account and financial assets. I also have a good immigration history, in that I have never overstayed my visa in the past and I did stay for a similar length of time back in 2003 when I was between an MA and a PhD programme (but I had no offer at that time but then she was just my girlfriend). In addition, my wife and I have spent periods of time apart in the past and, to be honest, it is not clear that we will definitely settle in the US. It really just depends on jobs.

Does anyone have any advice/experiences to help on this?

Many thanks,

Dan

Noorah101

Hi Dan,

There's no way of really knowing what will happen. You don't have any real ties to the UK so that works against you. You have a good history of visiting the USA and leaving on time, so that works in your favor. You have a USC wife who is inside the USA, that works against you.

It all just depends on the officer of the day at the POE. But, the good news is, even if they turn you away at the POE, that won't affect your ability to get the Immigrant Visa.

Rene

jeffreyhy

DD,

There are dozens of threads on this topic, perhaps hundreds.

I'm please to see from another of your posts today that you recognize how the conversation at the POE is going to start - keep it going in the right direction.

Regards, JEff

Rete

More the pity that you didn't have your wife at least submit the I-130 in London before she gave up her UK residency.

As to whether or not you will incur problems at the Port of Entry, only the magic 8 ball can tell you. It will help (at least it is hoped it will) that when they look your name up on the data base that they will see that only an I-130 has been filed and not the I-485. You can't file the I-485 for adjustment of status and have it adjudicated until the I-130 is adjudicated which is why when you file for adjustment of status within the US you file them together.

I'm sorry that you won't be remaining in the US over the Christmas holiday to be with your wife. I'm sure your family in the UK will enjoy having you there for one more holiday.

Good luck.

BritishGuy36

But Dan said:

I would do it this way, wait until after your entry for her to file the I-130. If the filing of an I-130 doesn't show immigration intent, I don't know what does.

Bring recent bank statements etc (in fact I'd order up to date ones today so you have them for your trip) to show that you have cash in UK accounts etc. Other than that it's pot luck. The chances are you will be fine. Do not lie when asked questions at the POE, just tell the truth but don't volunteer information that may take the questioning down a path that you don't need it to go.

It would have likely been much quicker for her to have filed the I-130 in London, but that boat has sailed now. You'll need to wait for processing in the US then your case to be sent to the London Embassy for interview. You might need to visit your missus again in the US in the spring or you might be 6 months or so without seeing each other.

Desperate Dan

Many thanks for taking the comments, particularly as it seems there are many threads on this issue - only properly picked that up after I headlong rushed into posting in a fit of anxiety. I had glibly assumed that I would be fine because we hadn't filed the I-130 and, in my head, I'm not intending to overstay my visa. But my wife did some more reading and then it became clear that things might be a little trickier. But, as everyone seems to indicate, it is basically a roll of dice, but by having documents to hand I can maybe weight it a little bit more in my favour.

Out of interest, has anyone ever on here been denied? I've read that you have to undergo a secondary and possibly tertiary processing and, if rejected, then placed in a cell overnight before being flown home on a charter flight. Doesn't sound pleasant. Can you get access to an attorney during this, given that it might not be deemed US soil. Also, do you have to pay for your flight home?

As for filing in London, it is a pity that we didn't do it there but the job offer came up so suddenly - my wife applied for one job in the states on a whim and then boom, interview and offer. And they initially wanted her to start the week after they offered her the job. As it was, she was back in the states 3 weeks later with a week's holiday making up her month's notice. We spoke to the embassy and they said that while it was quicker to file in London, they couldn't be sure that she wouldn't have to restart the process when she was resident in the states. We decided to take the safer option and do it all in the states.

Once again, many thanks and I'll post the outcome, one way or the other.

Dan

Noorah101

Yes, there are a few threads where people wrote about their experience of being turned away at the POE.

Secondary, yes....but that's fairly normal even for those who get through. I don't know about a third level. They only keep you in a cell overnight if there are no more flights back home the day you arrived. Otherwise, off you go on the next flight out.

I don't think so, because you have no right to appeal anything....so no need for an attorney.

No, the return ticket in your hand takes care of that.

In the long run, this isn't such a bad scenario. With today's economy, your wife having a job is a huge plus. It also alleviates the problems one encounters with proving domicile and overcoming the I-864 requirements, two problems faced with DCF.

Rene

Desperate Dan

Thanks for clearing that stuff up. I don't want to labour the point on this but am I right in assuming that the only information the immigration officials (CBP) have about me on their screens is my entry/exit information i.e. they would not know I was married to a USC (even if the wedding took place on US soil)?

My reason for asking is that I am thinking I could put the secondary reason for visiting the US as my primary reason in an attempt to minimise the likelihood of having to answer a question that would involve admitting to having a USC wife. This seems to be what people are doing when they say they are holidaying/vacationing but omitting who they are going to be seeing. And, in turn, they get away with it because the CBPs do not have any contrary information to doubt the story or ask a more probing question. Rather, you are just one of many faceless visitors that they ask questions to on a daily basis.

ian-mstm

You really need to switch to decaf.

Ian

penguinbar

When my husband(then fiance) came over to visit me during our visa process he always said he was on holiday.He was once asked what he did for a living as well but that was it. Never pressed any further.

traceym

Dan
The when you fill out the form showing the address you are staying at they are likely to ask you who's address that is!

All I can say is tell the truth, I have never lied or omitted anything when asked, and look at it the other way, you have a good history of coming and going, although the onus is on you to prove your intent to leave, they also, I would imagine need good reason to send you home?

Stop panicing (easy for me to say sitting here I guess) but trust me a few weeks ago I was in a terrible state about exactly the same thing.

I have worked in the legal proffesion all of my life, if someone is lying to me, I know within seconds, you are not, you are just like me, someone coming to visit with no intent of overstaying, just be honest, it's always worked for me.

Good luck!

meauxna

IMO, now you're just asking for trouble.

What's MrF's 1st rule? Tell the truth, it's easier to remember? I don't recommend trying to get into a CBP officer's head. (the ones I've met off the job are nuts )

crg

If you play the "holiday" game and they dig a little to find out about a USC spouse then they may have cause for concern.

You don't want to be the unemployed guy with a USC spouse who just moved to the US and was just caught trying to omot or hide information. They'll think you're hiding it for a reason.

You are an intending immigrant. There is no disputing that. The only question is when you plan to make the move. I'd suggest that you don't squander your credibility by being sneaky.

YouWantFriesWithThat

Hi Desperate Dan,

You need to relax, stop digging a hole and don't come across as so desperate!!

I agree with what Meauxna and crg have said.

These are my thoughts on your situation. First off, I'm sorry that you're going through this but thanks to others who don't play ball nicely this is how life is for others who do want to play by the rules.

You seem like a genuine, intelligent man and that is the perception that you want to give at the POE. It's not just Mr.F's rules, telling the truth is always the best way forward when being asked questions the answers to which affect one legally.

There's the truth, there's lies and there's tries. The truth would be you're visting your wife and then going home again. A lie would be your visiting friends (OK I'm sure wife is your friend but.....!!) and a try would be I'm visiting loved ones.

If you go for the try (I don't mean this to sound like how to play Rugby!!) and the officer asks you who they are and you say your wife, then you have just planted the seed of doubt in the officer's mind that you are not telling the whole truth. What is this person hiding and why, etc?

Telling the truth straight out showing return ticket, telling of your joint intention to file the I-130 later etc will give you maximum credibility. You will come across as telling the truth and with nothing to hide. It's all down to you but I can tell you that telling other than the truth in these situations in not in anyone's interests.

A couple of specific thoughts:

1. I know you're unemployed but try if possible to have money with you. I know you will be staying with your wife but arriving penniless will only lead to more questions.

2. In your situation, I would not mention about doing the research and writing papers while in the USA. Even from where I'm sat that rings alarm bells about possible working on your visit. I would keep those plans to myself. You're visiting your wife - you don't have to justify how you will fill your time.

3. Imo, what would really help you here is if you were able to show that your wife will be returning to share Christmas in the UK with you. I know it's not in your plans - but could it be? I'm not saying you should do that or have to do that etc. I'm saying that if that were the case then it would probably end any lingering doubts that an officer may have.

4. Research thoroughly the whle I-130 mechanism so that if asked you can show that you have researched the issue thoroughly and have a credible plan in place. Obvious thing to say but make sure you and your wife are singing off the same hymn sheet as regards your plans and the timing, etc. Although your future plans might be a bit sketchy right now I would try to have a solid plan of action agreed with your wife by the time you travel. You don't want to be saying "we might do this, or we might do that" - although it may be true, a solid agreed plan is likely to give you more credibility.

Simply remember that you're more likely to give an officer cause to doubt your credibility by not being completely straight rather than being completely honest.

So relax, enjoy your trip and have fun

Desperate Dan

Well, I'm glad I "laboured the point" on this thread because all this advice has helped me to understand, in my own mind, how to conduct myself when going through POE. Of course, there is a certain irony that everyone's replies have convinced to do what I was originally intending to do - be upfront and tell the truth (I'm not comfortable lying/trying and I think I look shifty enough as it is!). That said, my original thinking was really borne out of an ignorance of what CBP officials are looking for as well as a confidence from knowing that I was not intending to immigrate illegally, whereas now I go into it having much more knowledge about what is going on and what things to emphasise to officials to reassure them that I'm not going to overstay.

It's funny because the anxiety was all triggered by a colleague that works with my wife who, when she heard that I was coming over on VWP, said I might not get into the country. So then my wife did some reading and became anxious and, in turn, made me anxious, so I did some reading and became even more anxious. And, as it turns out, the colleague had gotten the wrong end of the stick a little bit because she thought were intending to file an AOS once I got here. Which is what she had done and found it really hard. D'oh! Anyway, I've calmed down now and hope that everything goes well next week but, if it doesn't, it's not the end of the world. Sure, I'll be disappointed and no doubt very bitter towards the immigration officials but it is what it is.

Thanks for the tip about Christmas - the plan has always been for my wife to come over to the UK for Christmas. She hasn't booked the ticket just yet because it's a particularly busy time for the company and she's only just started but I might push her to see if she can sort that out before I fly. The other thing which occurred to when reading the comments which might be helpful is that we have already been in touch with an immigration lawyer, who was recommended by a friend, and we were planning to have a consultation with her when I got over there. Again, it might be useful to firm up a date for that before I land. I might take her name/number/e-mails with me to show our intention to do things legally. Might not help but surely can't hurt?

Well, thanks once again for the comments, they've been really helpful and I'll post back how I get on - hopefully from inside the States!

Dan