Denied at POE on tourist visa

[christinejohn 0]

Hello,

I am planning a visit to the US with what is called a visa waiver since we don't need a tourist visa as long as we stay in the US less than 90 days.

My I-130 is still pending... been over 8 months now.

I have an opportunity to travel now and want to take it since we have no idea how much longer it is going to take.

Of course I have no intent to stay and will bring strong ties with me as proofs of my retrun to my country after my visit.

I would like to hear stories of people who tried to visit the US on a tourist visa while their I-130 were pending and who got denied at POE. Mine will be LAX.

Thank you for sharing your experience with me.

(Duplicate in K-3).

[LadyJane 1]

While it is easier for a VWP country citizen to visit while awaiting a family-based visa, it is by no means a "given". While most people (at least from Canada) are allowed into the States while awaiting their K or CR/IR visas, there were a couple of cases where someone was turned away. This issue is discussed often in the Canada forum, and you can search in there for more details. Remember the border patrol wants to know if you will leave the US if you are a visitor.

The basic messages are:

1. Be polite and always truthful when answering questions. (A "sir/m'aam", please, thank yous will go a long way!) But, at the same time no need for rambling answers. Short, sweet and truthful.

2. Bring along plenty of evidence to show financial and legal ties to your home country. A letter from your employer stating that you are on vacation and are expected back at X date, a copy of your lease/mortgage, utility bills etc.

3. Be prepared to show a return ticket.

4. I also suggest bringing your NOA1 from your I-130-/I-129f application, I think it shows good faith that you are doing things legally and are not willing to jeopardize the application. Some people may disagree with this recommendation, and it is up to you if you want to bring it.

I hope your visit goes well!

[GabiandVi 34]

I've posted a similar question to this and I've seen several other threads about the same thing. So far, the only repsonses I've read from people who have tried to enter the US on a B-2 or a visa waiver program have all had success. That is not a guarantee and I've decided just to wait to file my I-130 until after my husband has entered using his B-2. (We are not planning for him to stay past his allowed visit length.)

I think the previous poster has given excellent advice. It would be foolish to immigrate illegally when you have a legitimate way to do it or to jeopardize an immigration petition by breaking the law, and so I would think that beneficiaries of I-130s would be considered among the lowest risk to overstay their visas, but for some reason the general feeling is that immigration officers don't see it that way. Better to have as much evidence as possible to convince an the officer if he or she becomes skeptical.

[hawaiiandreams 0]

I agree with the above posters!

I also fall under the visa waiver programme. I entered the US 4 times while my i-130 was pending. My 2nd and 3rd entry was a little too close for the liking of border security and I was taken aside for extra questioning. I was never turned away though.

Lady Jane has mentioned some very impotant things. If you do get questioned, be honest and concise with your answers. Take a copy of your pending i-130 and go fully armed with evidence that demonstrates ties back to your home country. I had a a letter from my employer, bills with my address in Australia on them, a copy of my pending i-130. rental agreements and bank statements are also good.

I never needed to show any of these documents (i guess my answers were satisfactory), but take them just for peace of mind, in case you do need to back yourself up.

I agree that being polite goes a long, long way. I feel that I have only been questioned because someone was simply "doing their job". Once it was established that my intentions were legitimate they have always let me pass through.

Good luck!

[christinejohn 0]

Thank you all for your great advice, I have still not made up my mind yet but sure want to spend our first anniversary together since we have been apart since our marriage... USCIS!

[MrsCat 6]

Typically this is what has happened each time at the POE in the past 6-7 months:

Officer: "Purpose of your trip to the United States today?"

Me: "Going to visit my husband" in my most cheerful voice ever. I am always tempted to say, "vacation", but I figure why bother when it's never been a problem.

Officer: "Return ticket?"

I hand it over. Highlighter clearly marks my return date.

Officer: "Welcome to the United States ma'am".

That's it. Sometimes, it's:

Officer: "Is your husband American or Canadian?"

Me: "American."

Officer: "And what does he do there?"

Me: "He's a weatherman."

Officer: "Welcome to the United States of America."

Good luck if you decide to go.

[MsZ 6]

Most of me thinks that Canada is a whole different ballgame than someone coming from a country across the ocean. I think we have it a lot easier. My husband says the same thing as you do, cattatude. Going to see his American spouse. And then he's on his way. But if you think about it, he also has a large body of data that shows he goes back and forth frequently and has for a long time. The same doesn't necessarily exist for others coming from much farther away and who don't have the benefit of being able to visit frequently.

We're very, very lucky, IMO.

[MrsCat 6]

Most of me thinks that Canada is a whole different ballgame than someone coming from a country across the ocean. I think we have it a lot easier. My husband says the same thing as you do, cattatude. Going to see his American spouse. And then he's on his way. But if you think about it, he also has a large body of data that shows he goes back and forth frequently and has for a long time. The same doesn't necessarily exist for others coming from much farther away and who don't have the benefit of being able to visit frequently.

We're very, very lucky, IMO.

I guess what I was saying is that its possible to go. And I am nervous for a No everything I travel. But I've made 4 trips while our paperwork has been pending, and its never been a problem. I understand that not every country/person has the same experience, especially if you are flying, but in my opinion its worth the risk. Much like the info above, I bring all that kind of paperwork just in case. Unlike most Canadians I don't travel to the US at a land cross, I go through the airport since my hubby lives in Hawaii and lived in Alaska (neither of which are very affordable to travel to). I travel light (usually one carry-on), and only for a couple weeks at a time.

A few pointers about getting a plane ticket. Book your trip separately, meaning your trip there is separate from your return home. Pay a little more for a 100% refundable return ticket. That way, if they say no at the POE (which I assume as in Canada is in your country's airport), you can get at least half your money back.

But I totally agree with you, we're lucky that Canada and the US appear to have an established understanding that we make frequent trips across the border for a multitude of reasons (business, travel, love) and rarely deny those requests. We are very fortunate, as compared to some.

[michellea 0]

I was turned around once.

It was before we filed the I 130.

Had no idea what it was, or what I should do.

Mine was like

"purpose?"

"moving here"

"paperwork"

"What paperwork?"

I am not surprised that I got turned around

[Samanthajayne 0]

I got denied in 2006. I didnt know I couldnt apply over there for i130.

They sent me home, after interrogating me.

Basically bring your proof of strong ties, and they will call your hubby too, so make sure he gets his story right.

Also dont lie if they question on you, coz if you do it will stay on record, and you will be denied on the basis of misrepresentation at your interview

Good Luck

[christinejohn 0]

Thank you all for your advice.