Girlfriend stopped for secondary question at immigration B2

[porus 0]

Hey everyone.

I have a problem and I would really appreciate some reponses from the wonderful people who visit these forum.

I live in the US. I am a Legal Permanent Resident and will apply for my citizenship next year. My girlfriend for 5 years lives in India. Her SISTER, is a naturalized US citizen. This summer, she applied for a visa in New delhi and received a 10 year multiple entry B2 Visa. Yesterday she arrived to the US and at the immigration counter, she was sent to a second officer for further questioning. Her real intent for coming to the US was to visit her sister for a few months and me for a few days in between and then go back. Her sister and I live in different states. We did not intend on breaking any rules or immigrating illegaly.

The CBP officer told her straight up that he does not trust her coming here. She is single and 25 years old. He said that he will be putting her on a flight back to India. After asking her a few more questions, he asked her for the number of her sister who she will be staying with and who will be looking after her expenses while she was in the US. After talking to her sister, he allowed her to enter the US and stamped her i94 for a period of 6 months. BUT, he told her sister the following things:

1) He told her that they will be monitoring them.

2) He asked her to make sure she does not leave the city her sister resides in.

3) If she was sure that she can support her for the entire duration of her trip.

Now my girlfriend and her sister's family are very worried. Her original intent was to stay for 4-5 months, but now they just want to send her back to India as soon as possible. Also, they wont even let her travel outside of their state so she cant come and visit me.

My first question is, after what the officer told her sister, is she confied to her sister's city/state? Please note: There is no restricting in the I94 nor does it say any such thing on the passport.

Second. After I become a citizen, I want to go back to India, get engaged, and apply for a K-1 visa, bring her here and marry her. Will the events of yesterday affect our case in any way?

Third. If she goes back, say in 2 weeks, and then wants to come back to the US on the same B1 after say 4 months, will she have the same complications during immigration?

Once again, I am sorry for this huge wall of text, but I would really appreciate any help anyone here can provide. I would also be willing to pay some fee for legal advice from a lawyer.

Thank you

Edited August 25, 2010 by porus

[Harsh_77 718]

I dont think there would be any problem since, the office r has stamped her passport for 6 months.

I dont see any reason why she cannot travel out of the city where her sister resides, she is on tourist visa, and purpose of tourist visa is to go around country and not stay in just one country.

I dont see any ill effect of her being pulled out on secondary questioning, only thing thye might have recorded this in the system and your plan of sending her back and asking her to come back in 4 months sounds bad to me.

It can raise more flag why is she coming in and out this frequently.

I would say is that get your citizenship, go to India get engaged and bring her on K1 and it should be fine.

[HappyRs 8]

Hey everyone.

I have a problem and I would really appreciate some reponses from the wonderful people who visit these forum.

I live in the US. I am a Legal Permanent Resident and will apply for my citizenship next year. My girlfriend for 5 years lives in India. Her SISTER, is a naturalized US citizen. This summer, she applied for a visa in New delhi and received a 10 year multiple entry B2 Visa. Yesterday she arrived to the US and at the immigration counter, she was sent to a second officer for further questioning. Her real intent for coming to the US was to visit her sister for a few months and me for a few days in between and then go back. Her sister and I live in different states. We did not intend on breaking any rules or immigrating illegaly.

The CBP officer told her straight up that he does not trust her coming here. She is single and 25 years old. He said that he will be putting her on a flight back to India. After asking her a few more questions, he asked her for the number of her sister who she will be staying with and who will be looking after her expenses while she was in the US. After talking to her sister, he allowed her to enter the US and stamped her i94 for a period of 6 months. BUT, he told her sister the following things:

1) He told her that they will be monitoring them.

2) He asked her to make sure she does not leave the city her sister resides in.

3) If she was sure that she can support her for the entire duration of her trip.

Now my girlfriend and her sister's family are very worried. Her original intent was to stay for 4-5 months, but now they just want to send her back to India as soon as possible. Also, they wont even let her travel outside of their state so she cant come and visit me.

My first question is, after what the officer told her sister, is she confied to her sister's city/state? Please note: There is no restricting in the I94 nor does it say any such thing on the passport.

Second. After I become a citizen, I want to go back to India, get engaged, and apply for a K-1 visa, bring her here and marry her. Will the events of yesterday affect our case in any way?

Third. If she goes back, say in 2 weeks, and then wants to come back to the US on the same B1 after say 4 months, will she have the same complications during immigration?

Once again, I am sorry for this huge wall of text, but I would really appreciate any help anyone here can provide. I would also be willing to pay some fee for legal advice from a lawyer.

Thank you

I'm thinking that the officer tried to be intimidating and succeeded. She is on tourist visa and cannot be confined to a city. She got in the US legally and despite the officer's suspicions, she will not violate the terms of the visa she got in with and will be going home within the frame allowed by her I-94.

Now, I don't know how harsh the consular officers are in New Delhi, but normally a visit to the US and the fact that she returns should normally be a green flag, not a red one...and as long as you have lots of proofs of bonafide relationship, it should be ok.

She is there now, let her enjoy the stay. I don't think that leaving and coming back in a few months will help at all... Just my opinion...

[bobby_kvisa 7]

When the officer told the B2 visa holder (girlfriend) that "they will be monitoring them" what does the CBP officer mean by that? What means do they have to monitor? I can only think that they may have access to domestic flight records and see if the B2 holder has traveled on a flight within the country. But if the B2 holder takes a road trip out of the state I know if the CBP can really monitor that.

Anyhow I think the OP can relax a little because you should ultimately look at the action taken by the CBP. In the end the CBP chose to stamp the passport and allow the B2 holder entry into the country. By action the CBP is allowing entry, but by words he seems to say it is a "conditional" entry of sorts - which does not exist for B2 holders.

I don't think your K1 is in jeopardy, but they will have made some notes in the computer about her recent immigration entry. Next time the girlfriend comes to the US you should have her bring some ties to India. You did not mention that the B2 girlfriend presented any ties, so next time you should have her bring things like a job letter, bank statements, land ownership and proof that family lives in India.

[Bobby+Umit 161]

Hey everyone.

I have a problem and I would really appreciate some reponses from the wonderful people who visit these forum.

I live in the US. I am a Legal Permanent Resident and will apply for my citizenship next year. My girlfriend for 5 years lives in India. Her SISTER, is a naturalized US citizen. This summer, she applied for a visa in New delhi and received a 10 year multiple entry B2 Visa. Yesterday she arrived to the US and at the immigration counter, she was sent to a second officer for further questioning. Her real intent for coming to the US was to visit her sister for a few months and me for a few days in between and then go back. Her sister and I live in different states. We did not intend on breaking any rules or immigrating illegaly.

The CBP officer told her straight up that he does not trust her coming here. She is single and 25 years old. He said that he will be putting her on a flight back to India. After asking her a few more questions, he asked her for the number of her sister who she will be staying with and who will be looking after her expenses while she was in the US. After talking to her sister, he allowed her to enter the US and stamped her i94 for a period of 6 months. BUT, he told her sister the following things:

1) He told her that they will be monitoring them.

2) He asked her to make sure she does not leave the city her sister resides in.

3) If she was sure that she can support her for the entire duration of her trip.

Now my girlfriend and her sister's family are very worried. Her original intent was to stay for 4-5 months, but now they just want to send her back to India as soon as possible. Also, they wont even let her travel outside of their state so she cant come and visit me.

If her I-94 gives her 6 months, that is the amount she can stay in the US legally.

My first question is, after what the officer told her sister, is she confied to her sister's city/state? Please note: There is no restricting in the I94 nor does it say any such thing on the passport.

No - there is no restrictions on her moving around in the US - I double check the CBP site and there is no mention of "restrictions" of any sort.

Second. After I become a citizen, I want to go back to India, get engaged, and apply for a K-1 visa, bring her here and marry her. Will the events of yesterday affect our case in any way?

Not at all.

Third. If she goes back, say in 2 weeks, and then wants to come back to the US on the same B1 after say 4 months, will she have the same complications during immigration?

Perhaps - is she using a B-1? or a B-2? B-1 is for visiting working people (visiting for working purposes), whereas the B-2 is for visitors. Every time you come through the US POE, they have the option to allow you in or not, regardless if you have a valid visa.

Once again, I am sorry for this huge wall of text, but I would really appreciate any help anyone here can provide. I would also be willing to pay some fee for legal advice from a lawyer.

Thank you

[Boiler 46,086]

You could make everybody happy and go and visit her?

I would suggest she waits a while if seeking another entry, especially if she is here for a long stay.

[Justine+David 218]

Sounds like out and out scare tactics. There is no reason why she can't come visit you...

[mathranik 2]

It's lame, to say the least, of the officer to use such scare tactics against a first-time visitor. Even if he doubted the 'visitor' intentions of your girlfriend, his only options would be to either send her back to India or allow her in. There is no way possible, and nothing on records ever, that a person has been restricted to a city/state in the US on a visitor visa. You can definitely take my word here and ask your girlfriend to come visit you wherever you live.

As far as coming back in 4 months is concerned, there is a definite chance of her facing slight problems, but then it entirely depends upon the nature of the immigration officer she faces the next time! It is better not to use B2 visa very frequently, and to spend more time in the home country than US on a visitor visa. This is what everyone recommends here too. Also, K1 should not be a problem for you guys, as long as you have enough proofs of relationship and she hasn't exploited her B2 visa in the US (overstay/illegal employment).

Good luck to both of you.

[porus 0]

Thank you for all the wonderful and informative replies. I will keep all this in mind and convey the same to my girlfriend and her family.

[mamaSue 38]

Tell your fiancee to relax, enjoy her stay, and dont worry!!

The CBP officer was out of line..... eithe she's allowed into the US or she isn't..... I've never head of restrictions of staying in a town or state.

Tell her to enjoy her visit, don't overstay her visa, and have fun!!

I also don't see any problems with the K1 when you're a USC.