Intending Immigrant visiting US when USC wife and son are abroad?

[AmyAndres 2]

My family and I are in somewhat of a different situation.

We all reside in Chile, and my Chilean husband has to go the USA for 2 weeks for a business conference. He has a valid visitors visa in his passport, but Chile is a VWP country. Since his visa is still valid he doesn't enter as a visa waiver, but just on the visa he already has.

Our USC son and I will have to stay in Chile during his visit to the USA, but we're thinking he shouldn't have a problem at his POE because his reason for immigrating (us) is still abroad. We don't own property in Chile, but our car title is in his name and he has a work contract that he plans on showing the immigration officer.

We have just paid our AOS fee, so we are well into the immigration process and not interested in side-stepping at all. However, my husband had a terrible prior experience at a POE (when he was by himself), so I'm scared he will appear way too nervous and talk more than he needs to and I won't be there to step on his foot to get him to shut up like I normally would be able to.

Anyone else had a situation like this? Where the intending immigrant needs to visit the USA but the petitioner is still abroad?? Is there something else that might be useful for him to show the POE officer if necessary?

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Tourist Visas forum.

[canadian_wife 1,822]

If he is going on a business conference, why not have him bring a letter indicating the length of the trip and the expected return date written on official letterhead and signed by his employer?

Good luck

[KierenHby 899]

Carry emails and\or documentation of his role at the business conf, and return tkt back to Santiago; should be fine!

[mallafri76 1,012]

I don't have experience of your circumstances but I have of visiting my USC husband in the US during the visa process.

I travel under the VWP and have done so even after submitting the DS-260. I didn't have any issues that time or any other time during our visa process. And every time I enter the US, I have to say that I'm coming to visit my American husband. And this last time, the CBP officer even got to talking about my immigration process, which I assume means that once you submit the DS-260 with your passport details, it shows up on CBP's monitors as well.

If you haven't submitted the DS-260 for your husband yet, US immigrations definitely wouldn't know that your husband is in the immigration process. He is travelling on a business visa for business purposes, him being married to a USC wouldn't even come up. When asked purpose of travel, he would say attending a business conference and what date he's returning home.

With that said, it's always a good idea to bring strong ties to the home country, such as a letter from his employer and rental agreement on your home.

[AmyAndres 2]

Interesting @mallafri76, I thought that if they scanned his passport at the POE there would be an automatic red flag considering his I130 has been approved. We'll make sure he has his invitation letter, and proof of ties to Chile and hope they don't give him a hard time.

We were married in the USA with plans to move back to Chile, and we knew this when my husband applied for the tourist visa. He was clear with the embassy that we were unable to apply for a fiance visa because we were returning to Chile after our wedding. So, he got to the POE (I was already in the USA) in Chicago and told them that he was coming to get married, and they're like, you can't get married on a tourist visa and sent him to an office. The supervisor called the girl from the airline to get him on the plane back to Chile. Thank God my husband calmly (though terrified) asked the supervisor to review his passport, and explained that we were ineligible for a fiance visa because we were going back to Chile after the wedding...exactly what he told the embassy. Supervisor left with his passport, came back, handed it it to him and said, OK...you can go.

So...yep. I would have severe anxiety if I had gone through that too. Thankfully everything worked out, but now I always make sure we go together with immigration. Unfortunately he'll be by himself this time.

[mallafri76 1,012]

Interesting @mallafri76, I thought that if they scanned his passport at the POE there would be an automatic red flag considering his I130 has been approved. We'll make sure he has his invitation letter, and proof of ties to Chile and hope they don't give him a hard time.

We were married in the USA with plans to move back to Chile, and we knew this when my husband applied for the tourist visa. He was clear with the embassy that we were unable to apply for a fiance visa because we were returning to Chile after our wedding. So, he got to the POE (I was already in the USA) in Chicago and told them that he was coming to get married, and they're like, you can't get married on a tourist visa and sent him to an office. The supervisor called the girl from the airline to get him on the plane back to Chile. Thank God my husband calmly (though terrified) asked the supervisor to review his passport, and explained that we were ineligible for a fiance visa because we were going back to Chile after the wedding...exactly what he told the embassy. Supervisor left with his passport, came back, handed it it to him and said, OK...you can go.

So...yep. I would have severe anxiety if I had gone through that too. Thankfully everything worked out, but now I always make sure we go together with immigration. Unfortunately he'll be by himself this time.

He doesn't give his passport number until he does the DS-260 at NVC though, so until that point, CBP won't know that "Mr Smith" in front of them is the same "Mr Smith" that is married to a USC and has applied for an immigration visa. At least that's what I assume, since I have been travelling to see my husband every three months for the past four and a half years and the only time the CBP officer have talked about my immigration process was after I submitted the DS-260.

When your husband was sent to second screening, did the Supervisor write a report about his admittance to the US? If he did, then that will probably be in their system and pop up when they scan his passport. But like you said, being nervous and talking excessively is a sure way to get CBP's attention. He's a legitimate businessman travelling under a business visa to do business, that's it. No excessive talking. I hope it goes smoothly for him.