Visiting on a tourist visa

[mamba 2]

Hello,

 

My fiancé is Mexican and is going to fly to the U.S. on Saturday. I was in Mexico with her for the last five or so months but I came back to the US last week. She will be entering with her tourist visa and we haven't yet filled our i-129 petition but we will be sending it in soon. The last time she visited the US was in February for about five days because my mom threw her a bridal shower. When she came that time she told the officers that she was coming to see her boyfriend and then they then put her in an interrogation room and questioned her before letting her in. I will of course buy her a return flight when I buy her flight.

 

I was wondering if anyone has any advice about the following:

 

-Would it be better if I fly to Cancun tomorrow and enter the U.S. with her on Saturday to show that I will be on the same return flight to Mexico with her? (When I entered the US last week in Newark, US citizens and foreigners were all in the same line. I'm assuming because of the coronavirus. So I would be able to go up to the officer with her) Or should I just let her enter the US alone? 

 

-If she is denied entry, what happens? I know some people receive five year bans, is the ban automatic if she is denied entry?

 

-Does it matter if we say fiancé/boyfriend?

 

-Airports we should avoid?

[Crazy Cat 42,035]

1.  Your being with her will not help convince CBP that she will return to Mexico after her visit.  She should be prepared to show strong ties to her country.  

2.  If she is denied entry, she, hopefully, can just withdraw her application for admission.  It would not affect the K-1, and it would not result in a ban.  If, on the other hand (probably unlikely), if she is removed, then it would incur a 5 year ban......I doubt that would happen.

3.  She should answer all questions truthfully. You are her fiance, per your post.

4.  I don't think it makes a difference regarding the airport.  She is already on their radar.

 

Every person entering the US via a tourist visa, is automatically assumed to have intent to stay in the US.  Your being with her in line would possibly bolster any suspension.  They need only suspicion to deny entry.

Edited August 14, 2020 by Lucky Cat

[mamba 2]

35 minutes ago, Lucky Cat said:

1.  Your being with her will not help convince CBP that she will return to Mexico after her visit.  She should be prepared to show strong ties to her country.  

2.  If she is denied entry, she, hopefully, can just withdraw her application for admission.  It would not affect the K-1, and it would not result in a ban.  If, on the other hand (probably unlikely), if she is removed, then it would incur a 5 year ban......I doubt that would happen.

3.  She should answer all questions truthfully. You are her fiance, per your post.

4.  I don't think it makes a difference regarding the airport.  She is already on their radar.

 

Every person entering the US via a tourist visa, is automatically assumed to have intent to stay in the US.  Your being with her in line would possibly bolster any suspension.  They need only suspicion to deny entry.

Okay, thank you Luck Cat. But if they have that suspicion and deny entry then she will just have to go back to Mexico correct? They won't ban her for five years? She has never broke any immigration rules before.

[Crazy Cat 42,035]

3 minutes ago, mamba said:

Okay, thank you Luck Cat. But if they have that suspicion and deny entry then she will just have to go back to Mexico correct? They won't ban her for five years? She has never broke any immigration rules before.

Denial of entry and withdrawing application for admission wouldn't result in a ban.  She would just return to Mexico.