I was asked to go to the secondary inspection - will I get flagged from now on?

[Kai G. Llewellyn 832]

2 hours ago, special k10 said:

That really confused me is that I had informed the officer that we don't actually know at the moment what country we will live together in, so I'm not sure if he thought I was a high risk of not honoring the tourist visa rules or if it's just normal for them to advise me this way. Is it normal practice at the CBP to inform someone on a tourist visa (like me) about the immigration process and how long it takes? 

 

 

Yes, or it was at least with me. I used to live full-time in Canada and when I came down before I became a Canadian, I used to have to get a new I-94 every three months. A few times a CBP officer did remind me that if I wanted to live permanently in the US, my husband had to file for a spousal visa. I said to them, I am well aware of the rules and this visit is temporary, I have work and responsibilities in Canada which cannot be abandoned. I was let in without any issue at all. My visits were never more than a couple of days at a time and I had a good history of travel compliance. Indeed I ultimately came here on a CR-1 visa, I still have those responsibilities and work in Canada despite living here, so AoS was never an option for me regardless of my intent. xD

 

And yup, the process can take two years, it may take less, or it may take more. Some folks end up waiting a very long time indeed, but that's mostly nationalities of high-risk countries who get their petitions sent back to USCIS or stuck in Administrative Processing.

 

Whether you were flagged may depend if you were referred to immigration secondary or not. They may have put a note on your file that there's a risk of immigrant intent there. If it was a customs referral, I have my serious doubts that they did. Anyways, so long as you're keeping your visits short and have work/responsibilities in your country of residence I think your future visits to the US should be fairly uneventful from an immigration perspective, although it is ultimately up to the CBPO you get.

[Loren Y 2,755]

Don't feel bad, even as a US citizen I have been pulled into secondary more than a few times over my many years of travel and entries into the US. Even with global entry you will occasionally get flagged and pulled into secondary with a nice bag search, and the " Blue glove treatment" as I like to call it. I just smile and laugh as I know I didn't do anything wrong. I let them tear apart the luggage looking for something, and then I'm on my way. I would say once every 5 years or so I get the CBP officer that wants to be a hero that day and have to deal with it. Don't let it bother you too much, as others have said, keep your trips short, and keep ties to home, and after a few more entries they may go back to not showing interest. I think it was more a random thing than anything, you were the unlucky one that day.

[SalishSea 17,801]

5 hours ago, special k10 said:

Good morning/afternoon everyone! Hope you're all doing well.

 

Yesterday I flew from GTW in London to Dublin and then Dublin to Chicago so I can visit my USC husband. At the airport in Dublin, I went to preclearance. I've been to quite a few different American ports of entry and the one in Dublin to me seemed to have the nicest CBP people so far, and I'm usually a very anxious and stressed person, so I much prefer going to Dublin for preclearance.

For context, the CBP officer admitted me into the US, asked me to fill a declaration form (for goods brought into the US), and the secondary inspection was around 20 minutes long.

 

I've previously never had any problems whatsoever at the CBP, they would usually ask me 3-5 questions and then welcome me to the US. Yesterday, however, was the first time I used my British passport to enter the US. I've previously used my EU passport to enter the US and have never been refused or asked to go to the secondary.

 

What happened, to put it succinctly, is that I gave them my British passport and what I can only assume happened (they didn't inform me what the exact reason was for the secondary inspection that followed) is that my fingerprints matched with the ones associated with my EU passport which I used before to enter the US. I believe this is the case because the first CBP officer who interviewed me was actually pretty confused looking and in disbelief; he was the one who asked me to go to the secondary for more questions.

 

What ensued was lots of questions about my husband and I, and then at the secondary I was asked the same questions and a few more.

The CBP officer at the end of the secondary inspection advised me that if I have an immigrant intent and want to ever live in USA with my husband, then my husband absolutely must file for a spouse visa and that's the end of it.

What really confused me is that I had informed the officer that we don't actually know at the moment what country we will live together in, so I'm not sure if he thought I was a high risk of not honoring the tourist visa rules or if it's just normal for them to advise me this way. Is it normal practice at the CBP to inform someone on a tourist visa (like me) about the immigration process and how long it takes? 

 

I'm aware of the US immigration rules and have always had the right visa for the respective activity in the US (previously had a J1 visa). I completely hadn't considered that I'd get extremely scrutinized for having 2 passports from 2 different countries. If it makes any difference, the British passport has my married name, the EU one has my maiden name because I haven't yet managed to travel to my country of birth to do all the paperwork to change my name.

 

So - I have 2 questions:

 

1) Should I be worried that before the secondary inspection ended, the CBP officer informed me what the immigration process is like? He said "your husband must file form i-930 and you have to go to the embassy in London".

He also said I should get started on filing as soon as we can (even though I hadn't even asked about the immigration process) because the wait times for spouse visas are now approximately 2 years long - is that true?

 

2) Will I have problems entering the US again in the future? Will the secondary inspection I've had flag me in the future? Do I essentially have a target on my back from now on?

 

 

I'm looking forward to all of your advice!

Thank you in advance.

They were not startled because you have two passports.  Lots of people do.  They suspected immigrant intent as a way to circumvent the two year wait.

 

If you want an immigrant visa, go about it the right way and have your USC spouse petition you for it.

[Sukie 1,459]

Something for you and your spouse to consider...if you are granted a Green Card, you must enter the US tax system, meaning any income you make anywhere in the world must be entered on your yearly tax return and may be taxed by the US.  There are tax treaties between countries which attempt to alleviate any double taxation, but if you are not SURE you are going to end up living in the US, you really don't want the unfortunate situation of having to be taxed on your income.  Just another piece of the puzzle to think about. 

 

Sukie in NY

[special k10 5]

3 hours ago, Jorgedig said:

They were not startled because you have two passports.  Lots of people do.  They suspected immigrant intent as a way to circumvent the two year wait.

 

If you want an immigrant visa, go about it the right way and have your USC spouse petition you for it.

Hi, thanks for your reply.

 

I have showed enough ties to the UK, I doubt they would have let me in otherwise. As for the passports -- I have different surnames in my passport, which is something they asked me about in the secondary.

 

I appreciate your advice! 😁

[special k10 5]

5 hours ago, Loren Y said:

Don't feel bad, even as a US citizen I have been pulled into secondary more than a few times over my many years of travel and entries into the US. Even with global entry you will occasionally get flagged and pulled into secondary with a nice bag search, and the " Blue glove treatment" as I like to call it. I just smile and laugh as I know I didn't do anything wrong. I let them tear apart the luggage looking for something, and then I'm on my way. I would say once every 5 years or so I get the CBP officer that wants to be a hero that day and have to deal with it. Don't let it bother you too much, as others have said, keep your trips short, and keep ties to home, and after a few more entries they may go back to not showing interest. I think it was more a random thing than anything, you were the unlucky one that day.

Thank you for saying this💜

It did feel like I happened to be unlucky that day (missed my connection due to airline delays too). I've previously disclosed to them every time that I'm visiting my husband and they never reacted this way, they would simply ask: do you have a return ticket and how long will you visit him for?

 

Kind regards to you, Loren!! 💜

[special k10 5]

6 hours ago, Family said:

If Jane Smith shows up with a UK passport, and her data reads she previously traveled as Jane Jones with a different nationality and passport…you can understand the need for secondary as they make sure . 
Not clear if on previous visits w passport of home country in maiden name you were asked or disclosed being married to a US Citizen.

Hi, yes, I did disclose every time I visited that I'm visiting for the sole reason of seeing my husband. 

Yep, can definitely see why they'd want to double check now... Haha😅

[special k10 5]

6 hours ago, powerpuff said:

Visiting the US is a privilege, not a right. I have an impression those with VWP/ESTA privileges easily forget that. Majority of people from non- VWP/ESTA countries would have their tourist visas denied when they apply at a US consulate with such a strong tie to the US as a US citizen spouse. As a result, they are not able to travel to see their SOs at all and are forced to meet elsewhere. I’m not at all surprised CBP officer ‘flagged’ your case, it happens so often but as I said those with VWP/ESTA privileges are taken aback when that happens to them. Just make sure you don’t visit too often and stay long and have proof strong ties to your home country.

 

to answer other questions, yes spousal visas take about 2 years on average. 

about being flagged from now, don’t visit too often for long and have evidence of strong ties.

Hi, @powerpuff. Before gaining British citizenship in Oct of this year, I actually had my Eastern European (EE) passport which does not have an ESTA - I did not "easily forget" that using the VWP is a privilege!!! But it's easy to jump to conclusions and assume the worst about someone since we're online, not face to face.

Not to mention you are treated differently (read that as seen as being of a higher risk) if you are from EE, but that's a whole different topic of its own. I've had my share of judgement cast on me simply because of the country where I was born, so I'd appreciate you not casting any further judgement, thanks.

 

It was the first time I have ever used the ESTA because it was also the first time I had ever used my UK passport. Previously, I have gone with my EE passport to the US embassy for different non-immigrant visas and I was approved each time.

 

I appreciate your advice and I'm sorry that you think that I am one of the VWP untouchables who take the programme for granted. 

Not sure where you got the idea that I'm so privileged - probably a knee jerk reaction? I have a b1 visa valid for 10 years in my EE passport, so, if anything, I should know how much of a privilege IT ISN'T to go through the arduous process of simply visiting and the amount of paperwork needed just for non-immigrant visas🤷🏻‍♀️

Edited December 11, 2022 by special k10
Grammatical error

[special k10 5]

9 hours ago, special k10 said:

 

A further comment for those who might not understand why I made this post and for some reason assume the worst about me - what a judgmental lot here on VJ!

I came here to ask because I was too nervous to ask during the secondary about the reason why I was further inspected and how I could avoid that in the future. 

 

I answered all their questions and I didn't want to bother them too much by asking for the reason. So I came here to understand exactly what happened, but I think many people on VJ are ready to cast judgement at incredible speeds and make this space for discussion harder to have.

I mean -- how would one feel comfortable asking a question here when, seemingly, some VJers pretty much reply to my post as if I have committed the cardinal sin?

 

I understand life makes people bitter and I'm sure going through the US immigration process is part of it... self-awareness isn't something everyone has ig🤷🏻‍♀️

[special k10 5]

3 hours ago, Jorgedig said:

If you want an immigrant visa, go about it the right way and have your USC spouse petition you for it.

To reply to this - we haven't decided yet. We could live anywhere in the EU or in the UK - so the US isn't the only place.

The US is a beautiful country, but we're not sure yet if we would like to raise a family in the US, if one can imagine that there actually are people who aren't keen on moving there. One of us will have to make a sacrifice wherever we will move, so this is why we are unsure because it would pretty much mean one of us will probably have to start from scratch - but I don't want to get too detailed about our circumstances. 

 

As ever, I appreciate the advice, @Jorgedig

[special k10 5]

6 hours ago, Kai G. Llewellyn said:

Yes, or it was at least with me. I used to live full-time in Canada and when I came down before I became a Canadian, I used to have to get a new I-94 every three months. A few times a CBP officer did remind me that if I wanted to live permanently in the US, my husband had to file for a spousal visa. I said to them, I am well aware of the rules and this visit is temporary, I have work and responsibilities in Canada which cannot be abandoned. I was let in without any issue at all. My visits were never more than a couple of days at a time and I had a good history of travel compliance. Indeed I ultimately came here on a CR-1 visa, I still have those responsibilities and work in Canada despite living here, so AoS was never an option for me regardless of my intent. xD

 

And yup, the process can take two years, it may take less, or it may take more. Some folks end up waiting a very long time indeed, but that's mostly nationalities of high-risk countries who get their petitions sent back to USCIS or stuck in Administrative Processing.

 

Whether you were flagged may depend if you were referred to immigration secondary or not. They may have put a note on your file that there's a risk of immigrant intent there. If it was a customs referral, I have my serious doubts that they did. Anyways, so long as you're keeping your visits short and have work/responsibilities in your country of residence I think your future visits to the US should be fairly uneventful from an immigration perspective, although it is ultimately up to the CBPO you get.

Sorry for my ignorance, but better to be a fool once and ask for clarification than to never ask and be a fool forever - what's the difference between a secondary inspection and a customs referral? I didn't know there were 2 different inspections, was only aware of the secondary inspection being a thing. 

 

Many thanks.

[special k10 5]

54 minutes ago, special k10 said:

Hi, thanks for your reply.

 

I have showed enough ties to the UK, I doubt they would have let me in otherwise. As for the passports -- I have different surnames in my passports, which is something they asked me about in the secondary.

 

I appreciate your advice! 😁

 

[midwinterrose 275]

13 minutes ago, special k10 said:

I came here to ask because I was too nervous to ask during the secondary about the reason why I was further inspected and how I could avoid that in the future. 

In my opinion, the answer to this is pretty obvious: you were travelling as a British citizen named "Mrs. Y", and when they scanned your fingerprints, their system showed that those fingerprints belong to an eastern European citizen, "Ms. X".  Of course they are going to take you to secondary inspection to figure out what is going on.

 

Whether you will be taken to secondary inspection in future is only speculation until you travel again, but my guess is that you will be scrutinized more thoroughly than before.

[special k10 5]

Just now, midwinterrose said:

In my opinion, the answer to this is pretty obvious: you were travelling as a British citizen named "Mrs. Y", and when they scanned your fingerprints, their system showed that those fingerprints belong to an eastern European citizen, "Ms. X".  Of course they are going to take you to secondary inspection to figure out what is going on.

 

Whether you will be taken to secondary inspection in future is only speculation until you travel again, but my guess is that you will be scrutinized more thoroughly than before.

I appreciate the answer, thank you

[P055UM 281]

11 hours ago, special k10 said:

Is it normal practice at the CBP to inform someone on a tourist visa (like me) about the immigration process and how long it takes? 

I had a similar warning at Dublin, after getting grilled for a bit and eventually allowed to enter ‘don’t even think about working, because if you do, we’ll know.’ I had a mountain of things in my bag proving my ties to home that the officer wasn’t interested in seeing. 
 

I have had tougher experiences at Dublin than anywhere else. I have wondered before whether they go tougher there as they are worried about it becoming an easy back door to try without having to fly to the American continent (purely conjecture on my part).