Got Nexus--but officer claimed I should not be in US during spousal process?

[ice-qube 649]

My wife and I are going through spousal process (consular, I-130 currently pending). Today I finally got my NEXUS interview and the U.S. CBP officer/interviewer asked me what I wanted it for. I told him my wife has relocated to the US for school and that we are going through consular process for immigration. He said that I am actually not supposed to come to the U.S. *at all* during the process, not even to visit--how can this be?

Strangely, he approved my NEXUS pass anyway... but warned me that they are likely to turn me back next time I come, if they ask the question. Now I am concerned about whether what he told me is true or not. Anyone else have this experience?

[Crazy Cat 41,887]

9 minutes ago, ice-qube said:

He said that I am actually not supposed to come to the U.S. *at all* during the process, not even to visit--how can this be?

He is incorrect.......

[Lil bear 4,218]

10 minutes ago, ice-qube said:

My wife and I are going through spousal process (consular, I-130 currently pending). Today I finally got my NEXUS interview and the U.S. CBP officer/interviewer asked me what I wanted it for. I told him my wife has relocated to the US for school and that we are going through consular process for immigration. He said that I am actually not supposed to come to the U.S. *at all* during the process, not even to visit--how can this be?

Strangely, he approved my NEXUS pass anyway... but warned me that they are likely to turn me back next time I come, if they ask the question. Now I am concerned about whether what he told me is true or not. Anyone else have this experience?

Not correct. It is true that entry is never guaranteed and that you MAY face a bit more questioning when visiting during the spouse visa process ., but the officers statements do not reflect the legality of using a valid tourist visa / VWP etc during this time 

[ice-qube 649]

Just now, Lil bear said:

Not correct. It is true that entry is never guaranteed and that you MAY face a bit more questioning when visiting during the spouse visa process ., but the officers statements do not reflect the legality of using a valid tourist visa / VWP etc during this time 

 

Of course, in fact, entry is never guaranteed regardless if I had an immigration petition submitted or not... it is just very odd that he would tell me this. It was very strange because I had never actually heard that this was the case, and even stranger yet that he would just go ahead and approve me for NEXUS if he thought I was improperly in the United States!

[Mike E 11,739]

Agreed, not correct.

 

WIth Nexus/GE, odds are you will be able to use it without incident. Keep your visits short though.

[ice-qube 649]

4 minutes ago, missileman said:

He is incorrect.......

I *think* he is incorrect but now he has made me paranoid for when I go visit my wife next...

4 minutes ago, Mike E said:

Agreed, not correct.

 

WIth Nexus/GE, odds are you will be able to use it without incident. Keep your visits short though.

I don't think I have ever been out of the country more than 9 days to visit her. I usually am there for 6 or 7 days.

[Mike E 11,739]

1 minute ago, ice-qube said:

I *think* he is incorrect but now he has made me paranoid for when I go visit my wife next...

I don't think I have ever been out of the country more than 9 days to visit her. I usually am there for 6 or 7 days.

Sounds ideal then.

[Lil bear 4,218]

1 minute ago, ice-qube said:

I *think* he is incorrect but now he has made me paranoid for when I go visit my wife next...

I don't think I have ever been out of the country more than 9 days to visit her. I usually am there for 6 or 7 days.

He is incorrect

His words would be unsettling yes... but 

he is incorrect. 
Come  visit your usual way 

[ice-qube 649]

1 minute ago, Mike E said:

Sounds ideal then.

That seems to be a short enough trip, correct?

Edited February 18, 2020 by ice-qube

[Mike E 11,739]

3 minutes ago, ice-qube said:

That seems to be a short enough trip, correct?

Yes it does.

[ice-qube 649]

5 minutes ago, Lil bear said:

He is incorrect

His words would be unsettling yes... but 

he is incorrect. 
Come  visit your usual way 

Maybe I am giving them too much credit but... when they did my background checks for NEXUS, don't you suppose that they would have seen that we had submitted a petition?

[Mike E 11,739]

11 minutes ago, ice-qube said:

Maybe I am giving them too much credit but... when they did my background checks for NEXUS, don't you suppose that they would have seen that we had submitted a petition?

Absolutely.

 

Case in point, the last time my wife traveled on her AP, during our trip, we had a notice of her AOS interview being scheduled. When we landed in the USA, she got the usual secondary inspection, and the officer who stamped her passport noted that her AOS interview had been scheduled.

 

Had you dissembled in your answer, it is possible your NEXUS would have been denied.

 

And look at this way, ignoring the threat of the CBP officer who interviewed, you, and instead trying anyway, and failing (or succeeding), is even more evidence of bonafide relationship. I can see the CR-1/IR-1 interview you will have in Montreal now:

 

ice-qube: "Officer, of course our marriage is bonafide, I risked [or lost] my NEXUS privilege to see my wife in the USA while she was busy at work and unable to travel to Canada."

 

So go for it. And embrace that denial stamp on your passport.

Edited February 18, 2020 by Mike E

[saraannbailey 17]

44 minutes ago, ice-qube said:

My wife and I are going through spousal process (consular, I-130 currently pending). Today I finally got my NEXUS interview and the U.S. CBP officer/interviewer asked me what I wanted it for. I told him my wife has relocated to the US for school and that we are going through consular process for immigration. He said that I am actually not supposed to come to the U.S. *at all* during the process, not even to visit--how can this be?

Strangely, he approved my NEXUS pass anyway... but warned me that they are likely to turn me back next time I come, if they ask the question. Now I am concerned about whether what he told me is true or not. Anyone else have this experience?

He is mostly incorrect.

 

It is at the discretion of the border agent to grant you entry via a visitors visa while you are awaiting your green card paperwork to be processed.  So yes, the border agent can decline your entry.  We've been going back and forth for a while with an I-130 in process and haven't had any issues, but we have been warned by others of the discretionary nature of the admittance to the US.  Keep paperwork on your person proving your ongoing Canadian ties (school enrolment, apartment lease, list goes on) and always have your return flight booked.

[ice-qube 649]

6 minutes ago, saraannbailey said:

He is mostly incorrect.

 

It is at the discretion of the border agent to grant you entry via a visitors visa while you are awaiting your green card paperwork to be processed.  So yes, the border agent can decline your entry.  We've been going back and forth for a while with an I-130 in process and haven't had any issues, but we have been warned by others of the discretionary nature of the admittance to the US.  Keep paperwork on your person proving your ongoing Canadian ties (school enrolment, apartment lease, list goes on) and always have your return flight booked.

I would always expect entry to the United States or any foreign country to be 'discretionary', yes. No dispute there. It would not even result from the fact of having an immigration petition in process, it is discretionary in absolute terms, correct? 

[NikLR 13,227]

Cbp told me that at my nexus interview and was appalled that I had also visited during the process already.  I said, well i mentioned i was visiting, that we were going through immigration, and they let me in. She was like oh well thats okay then.  

Brightest box of crayons.