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

[ice-qube 649]

2 minutes ago, NikLR said:

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. 

It's really unbelievable to me that they don't even seem to be sure what they are talking about... but are asserting it as if they do.

[KAP2019 187]

10 hours ago, ice-qube said:

It's really unbelievable to me that they don't even seem to be sure what they are talking about... but are asserting it as if they do.

I once had an officer tell me I'm "making up numbers now" when I mentioned we were considering going for CR-1 Visa. I knew what I was talking about...she apparently was unfamiliar with the CR-1, but still made me question all the research we had done!

[Mike E 11,742]

11 hours ago, NikLR said:

Brightest box of crayons. 

I have new admiration for CBP after my wife used her green card returning from Canada for the first time.  Suffice to say Air Canada employees that day were idiots, and the YVR preclearance kiosk helpers are idiots. Whereas that CBP Officer at preclearance shone brightly. And unlike the self serve  kiosks at YVR, his systems actually read my wife’s fingerprints.     
 

It’s all relative.  

Edited February 18, 2020 by Mike E

[NikLR 13,232]

46 minutes ago, Mike E said:

I have new admiration for CBP after my wife used her green card returning from Canada for the first time.  Suffice to say Air Canada employees that day were idiots, and the YVR preclearance kiosk helpers are idiots. Whereas that CBP Officer at preclearance shone brightly. And unlike the self serve  kiosks at YVR, his systems actually read my wife’s fingerprints.     
 

It’s all relative.  

You're surprised that air canada employees were smart like rocks? Lol

[African Zealot 1,456]

13 hours 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?

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. 

Don’t make the assumption that CBP officers necessarily know all the immigration rules and policies.  But he’s right in that another similarly ignorant or power tripping officer you meet on your next visit might turn you away. It is what it is.

[NikLR 13,232]

We all know they don't have to let us visit. We all know it's a privilege not a right. 

[ice-qube 649]

29 minutes ago, Ray.Bonaquist said:

Don’t make the assumption that CBP officers necessarily know all the immigration rules and policies.  But he’s right in that another similarly ignorant or power tripping officer you meet on your next visit might turn you away. It is what it is.

Sure, I do get that they could turn me away any time. The CBP officer was trying to claim to me that entering on the usual Canadian visitor visa (B1/B2) while an immigration petition is in process is somehow against immigration law. It was jarring.

 

 

35 minutes ago, NikLR said:

You're surprised that air canada employees were smart like rocks? Lol

LOL. I am not sure this is fair to rocks, actually...

[ice-qube 649]

2 hours ago, KAP2019 said:

I once had an officer tell me I'm "making up numbers now" when I mentioned we were considering going for CR-1 Visa. I knew what I was talking about...she apparently was unfamiliar with the CR-1, but still made me question all the research we had done!

This is definitely a lol

Edited February 18, 2020 by ice-qube

[Dashinka 24,771]

58 minutes ago, NikLR said:

You're surprised that air canada employees were smart like rocks? Lol

Doesn't Air Canada have a wheel fall off almost weekly?

 

To the OP, what @Mike E said, short visits, and I would not show up at the border with all your worldly possessions.

 

[ice-qube 649]

26 minutes ago, Bill & Katya said:

Doesn't Air Canada have a wheel fall off almost weekly?

 

To the OP, what @Mike E said, short visits, and I would not show up at the border with all your worldly possessions.

 

Yeah, I never bring a lot either--in fact I only do carry-on and never check any luggage.

[ClickityClackity 134]

15 hours 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?

You shouldn't worry.

When I applied for my K-1 I visited my fiancée for three months and the CBP officer asked me "what is the purpose of your visit" and "is that book you are reading any good?"

Obviously your experience might be different, but you for sure are okay to visit.

[ice-qube 649]

Just now, ClickityClackity said:

You shouldn't worry.

When I applied for my K-1 I visited my fiancée for three months and the CBP officer asked me "what is the purpose of your visit" and "is that book you are reading any good?"

Obviously your experience might be different, but you for sure are okay to visit.

When I go down, when they ask what I am going for, I always say I am going to visit my wife who is going to school in Miami (true). I do not mention the immigration thing (the NEXUS interview was the first time I did when talking to a CBP officer) because I assume that they will know that and can ask me more questions if they want. Am I erroneous in saying that if I was to go ahead and offer up the story about immigration this might add complexity and make me more likely to be denied?

[ClickityClackity 134]

Just now, ice-qube said:

When I go down, when they ask what I am going for, I always say I am going to visit my wife who is going to school in Miami (true). I do not mention the immigration thing (the NEXUS interview was the first time I did when talking to a CBP officer) because I assume that they will know that and can ask me more questions if they want. Am I erroneous in saying that if I was to go ahead and offer up the story about immigration this might add complexity and make me more likely to be denied?

By no means I am an immigration expert or attorney, so don't take my answer as an absolute. 

I also didn't mention anything about my K-1 request, I assumes (same as you) that if they wanted to know they would ask. I always brought all my paperwork, but it was never needed.

[ice-qube 649]

10 minutes ago, ClickityClackity said:

By no means I am an immigration expert or attorney, so don't take my answer as an absolute. 

I also didn't mention anything about my K-1 request, I assumes (same as you) that if they wanted to know they would ask. I always brought all my paperwork, but it was never needed.

Yes of course I don't expect an official answer here, but it is good to know from you and others what their experiences are. I feel adding complexity to an answer when not asked unnecessarily adds complexity and makes it *more* risky. If someone else has another opinion about that I would be glad to hear it, too.

[Dashinka 24,771]

17 minutes ago, ice-qube said:

When I go down, when they ask what I am going for, I always say I am going to visit my wife who is going to school in Miami (true). I do not mention the immigration thing (the NEXUS interview was the first time I did when talking to a CBP officer) because I assume that they will know that and can ask me more questions if they want. Am I erroneous in saying that if I was to go ahead and offer up the story about immigration this might add complexity and make me more likely to be denied?

You are correct.  There is no obligation other than to answer the questions truthfully.  CBP should be able to see your pending applications, and they will also see your I94 record showing short visits etc., if they are curious for more, they can ask.  The folks that tend to get in trouble are the ones that come for 90 days (VWP) or six months (B2), leave for a month or so, then attempt to come back.  A friend of mine met someone from Windsor, they crossed the border regularly mostly on weekends (both directions), never had an issue.

Edited February 18, 2020 by Bill & Katya