Just HOW strict are immigration officers at POE?

[chilegringa 0]

Hi everyone - my husband and I are planning a trip to the US this July and I have heard a lot about the risk of immigration officers sending people back to their country even while they have valid tourist visas to enter so I am just a little curious really how strict they are...

He has been to the states once before when we weren't dating and was basically pushed through immigration quite quickly since his English was iffy and the Spanish translator took too long to show up - they just let him through.. He says they asked him what he was going to be doing in the states and where he will be staying - this time he will be telling him hes going for vacation to go to the wedding of a friend and will be staying with his in-laws..

This time going through immigration he will be married to a USC so I am a little worried about him getting denied at POE even though he has a tourist visa...since he does have technically have reason to stay in the states..

Since I have been living in Chile for the last two years I want to start moving some of my many suitcases of things back to the states and was hoping my husband could help me with that but I have heard things saying that if you are tourist you should travel like a tourist and that bringing excessive luggage will look suspicious like you are going to stay - is this true??

Thanks! Anything is helpful! I was really stressed about him getting his visa to the states considering our relationship and now I am still worried that we can fly all the way there and he could still be denied entrance..

[AmyWrites 593]

When I was interviewing with DHS/USCIS for my I-130, the officer very explicitly told me that being married to a USC cancels my husband's tourist visa. Assuming this is true, I don't think your husband will be let through, but I've heard stories saying the opposite.

[JohnR! 5,495]

If his trip is purely for tourism and he would be better off not disclosing he is married to a USC, at the POE. He can't lie either so if he can navigate that situation he should be OK.

Excess baggage on tourism is one of the reasons some get sent back. Customs officers are constantly gauging visitors and the amount of luggage they bring. His luggage should match his intended stay and the purpose of his trip.

I am not sure that the I-130 will actually cancel your tourist visa, but it certainly may raise an eyebrow or two...

[Harpa Timsah 13,258]

When I was interviewing with DHS/USCIS for my I-130, the officer very explicitly told me that being married to a USC cancels my husband's tourist visa. Assuming this is true, I don't think your husband will be let through, but I've heard stories saying the opposite.

That officer was wrong.

[belinda63 3,038]

If asked you could show proof that you live in Chile which could negate the question of him coming to immigrate to be with you? Best don't provide any information they don't ask for but don't lie

[AmyWrites 593]

That officer was wrong.

He still made it so my husband's tourist visa was voided. The prospect of him not getting the CR1 AND loosing his tourist visa was extremely terrifying for us. I think the moral of my story is, even if it's legal and okay, don't expect the POE officer to actually know the rules... even people who work in this don't know all the time.

Edited June 25, 2012 by AmyWrites

[chilegringa 0]

If his trip is purely for tourism and he would be better off not disclosing he is married to a USC, at the POE. He can't lie either so if he can navigate that situation he should be OK.

Excess baggage on tourism is one of the reasons some get sent back. Customs officers are constantly gauging visitors and the amount of luggage they bring. His luggage should match his intended stay and the purpose of his trip.

I am not sure that the I-130 will actually cancel your tourist visa, but it certainly may raise an eyebrow or two...

This is basically our plan since last time at the same POE in Atlanta they didn't ask him much, hopefully they won't this time and he won't need to even bring me up.. but will we have to write down that we are traveling together.. do they ask that?

We are actually planning on filing the I-130 but are going to wait until we return to Chile (or maybe do it from the states but with our Chilean address obviously) so that they won't see that and think he is trying to immigrate now - since hes not, he still has school to finish and we plan on moving next year..

I guess he won't be able to help me bring back anything, I will make him keep his baggage to a minimal as to not raise any suspicion. Thanks for the advice

[chilegringa 0]

If asked you could show proof that you live in Chile which could negate the question of him coming to immigrate to be with you? Best don't provide any information they don't ask for but don't lie

Ya, I plan on bringing a letter from my work and our rental agreement just in case.. Hopefully those will work in the case that we need to prove his intent of returning to Chile..

[JohnR! 5,495]

This is basically our plan since last time at the same POE in Atlanta they didn't ask him much, hopefully they won't this time and he won't need to even bring me up.. but will we have to write down that we are traveling together.. do they ask that?

We are actually planning on filing the I-130 but are going to wait until we return to Chile (or maybe do it from the states but with our Chilean address obviously) so that they won't see that and think he is trying to immigrate now - since hes not, he still has school to finish and we plan on moving next year..

I guess he won't be able to help me bring back anything, I will make him keep his baggage to a minimal as to not raise any suspicion. Thanks for the advice

Here is something to consider. Since you are traveling together, you will have to use one single Customs form - the blue form you are given on board - for both of you. In that form it will be established you are a family of husband and wife. In that form you will be able to establish that you currently live in Chile. Consider also that Chileans do not tend not to return to their country and as such as not considered a group of risk as are some of their neighbors, so there is no reason for the CBP officer be ####### about the two of you.

All the same, I would keep the luggage to a manageable number of suitcases.

[LIFE'SJOURNEY 970]

1. when you fill out the custom card on the plane, you will be filling out one card, since you and your husband will be traveling together. That will be the 1st flag to the CO that your husband is married to a USC.

2. When they look at the amount of luggage that you the USC will be bringing back, that will give presences that maybe this trip is more than a visit.

Edited June 25, 2012 by LIFE'SJOURNEY

[chilegringa 0]

Here is something to consider. Since you are traveling together, you will have to use one single Customs form - the blue form you are given on board - for both of you. In that form it will be established you are a family of husband and wife. In that form you will be able to establish that you currently live in Chile. Consider also that Chileans do not tend not to return to their country and as such as not considered a group of risk as are some of their neighbors, so there is no reason for the CBP officer be ####### about the two of you.

All the same, I would keep the luggage to a manageable number of suitcases.

Thanks for mentioning that form - I didn't even think about that and it would have probably thrown me for a loop on the airplane and potentially stressed me out...

Even though we are married we will still be passing through different immigration lines right? Or is it possible for me to go in the same one with him..( I know that he couldn't go in the line for USC's but think I have seen or heard of USC going in the foreigners line to be with their foreign family members.. or am I wrong?) would that strengthen or weaken our probabilities? I mean either way even if they don't ask he doesn't have to mention me, they will see my name on paper as being his wife..

Would my chilean visa and a letter from work be strong evidence to prove I live in Chile?

[chilegringa 0]

1. when you fill out the custom card on the plane, you will be filling out one card, since you and your husband will be traveling together. That will be the 1st flag to the CO that your husband is married to a USC.

2. When they look at the amount of luggage that you the USC will be bringing back, that will give presences that maybe this trip is more than a visit.

So maybe I should just sell some of my less important stuff.. hahah... I do not plan on moving home at this moment, but there is a possibility that I could stay in the states and either way I do plan on moving back within the next 6-9 months and would like to start moving stuff home - I guess I will just do it in multiple trips..

Thanks for the advice.. I didn't realize they would be looking at MY luggage as well..

[LIFE'SJOURNEY 970]

So maybe I should just sell some of my less important stuff.. hahah... I do not plan on moving home at this moment, but there is a possibility that I could stay in the states and either way I do plan on moving back within the next 6-9 months and would like to start moving stuff home - I guess I will just do it in multiple trips..

Thanks for the advice.. I didn't realize they would be looking at MY luggage as well..

Your husband and you should be going thru the same line, families on the same form stay together. The CO are trained to study patterns and actions, so don't try to fool them.

Edited June 25, 2012 by LIFE'SJOURNEY

[Harpa Timsah 13,258]

If you live with your husband in Chile, I would be upfront about it. Go in the same line, answer the questions they have. You are going on a trip to the US and returning to Chile where you both live. To try to sneak around will work out worse for you. I would bring proof of the USCs ties to Chile, as well.

[JohnR! 5,495]

Thanks for mentioning that form - I didn't even think about that and it would have probably thrown me for a loop on the airplane and potentially stressed me out...

Even though we are married we will still be passing through different immigration lines right? Or is it possible for me to go in the same one with him..( I know that he couldn't go in the line for USC's but think I have seen or heard of USC going in the foreigners line to be with their foreign family members.. or am I wrong?) would that strengthen or weaken our probabilities? I mean either way even if they don't ask he doesn't have to mention me, they will see my name on paper as being his wife..

Would my chilean visa and a letter from work be strong evidence to prove I live in Chile?

If you are coming through Atlanta, both of you can take the US Citizens & Resident line, since you are traveling together after all and using one customs form. If you want to play it meek, you can suffer a longer wait in the other line, but both should pass through immigration together. IMHO it would send out a red flag if you used separate lines and used separate forms.

I agree that it is a great idea to have your Chilean visa ready and also a national ID card if you have one. You will not need a letter from work - because it will have no effect on the offices - but it would put an extra feather in your cap if you have a business card to offer, if asked.

Truth is that no matter which line you go through your story is the same. You are married. You live in Chile. There is no reason CBP should not let your husband in for a visit. I truly and honestly believe you will be OK.