Which line when entering US as family, US citizen with Foreign Spouse?

[garebear397 68]

What has been other's experience when entering the US with your spouse when one is a US citizen and other is foreign visitor -- which line during border control have you all gone in and what has been your experience? Both in US Residents line? Both in Vistors line? Separate? 

 

I have seen mixed messaing about this (only US citizens/residents in US line, but also keep families together, etc.), and even have received mix messaging at the airport. 

 

Our story, we live in Chile and were visiting my family in the US, we were the last in line at border control (had to clean up a baby and a toddler after long flight), and we asked someone that looked like he was directing people where to go -- which line we should go in (with US citizen and foreign spouse). He told us to all go in the US citizen line to keep family together. We do that, we arrive at the control and the agent procedes to chew us out, saying my wife isn't a citizen, she shouldn't be in this line etc., I explain that is what we were instructed to do. She then later is pretty rude, and instead of telling my wife that they will do additional screening just asks her "Do you want the baby or do you want to hand it to your husband", we had to ask why and then she told us. 

 

THEN just some lovely contridictory nature of the CBP, she gets to the secondary screening....this agent is very friendly and relaxed, and asks her if she had a green card in the past, she said she did and she officially abandoned it two years ago...and he asks her "why? You should have just kept the green card." Just telling us to commit fraud (keeping a green card while obviously residing in another country). Didn't ask her anything else and let her through. 

 

So yah know....the only consistent thing is the inconsistancy. 

 

 

 

 

[Mike E 11,739]

1 hour ago, garebear397 said:

What has been other's experience when entering the US with your spouse when one is a US citizen and other is foreign visitor

 

I recommend everyone go to the visitors’ line. We did when my fiancee entered as a K-1. We did at airports where LPRs have been relegated to visitors’ line. No point risking an armed CBP officer screaming at us. 
 

1 hour ago, garebear397 said:

and we asked someone that looked like he was directing people where to go -- which line we should go in (with US citizen and foreign spouse). He told us to all go in the US citizen line to keep family together

That worker:

* is not a CBP employer

* was correct that family stays together (for several reasons this is pretty much required)

* incorrect to have directed your party to the U.S. citizen line

 

1 hour ago, garebear397 said:

asks her if she had a green card in the past, she said she did and she officially abandoned it two years ago...and he asks her "why? You should have just kept the green card." Just telling us to commit fraud (keeping a green card while obviously residing in another country)

The advice was good and it is not fraud as long as the LPRs are honest about how long they have been absent.

 

At some CBP ports of entry, the station boss has a “no I-407” policy and thus a “no NTA for abandonment” policy.

 

Eventually the LPR will get a CBP officer that has a finding of abandonment. The LPR can still enter the U.S., and

 

* opt to contest the finding,

* file I-407 at port of entry in exchange for a 6 monthly entry stamp on a B status, 

* file I-407 just before leaving the U.S., or

* file I-407 after leaving the U.S., with the choice of USCIS or embassy processing

[Chancy 6,241]

2 hours ago, garebear397 said:

he asks her "why? You should have just kept the green card." Just telling us to commit fraud (keeping a green card while obviously residing in another country).

 

Not fraud.  The CBP officer was right that your wife should have just kept her GC.  An LPR remains an LPR until an immigration judge takes away their LPR status or the LPR voluntarily surrenders it by filing I-407.

 

[JeanneAdil 6,489]

JFK and Chicago both had helpers to ask 

travel with husband ,  Chicago let us  go together to citizen's station

 

traveling MIL with tourist the same , husband now a citizen could go with her to US citizen's line

 

but no expired green card in this case

that station officer was rude , sorry the person should be professional even if secondary quesitoning was needed 

 

[MaxP22 186]

You can go to either line, whichever one is shortest.

[Redro 4,611]

Different at different airports. 

At Boston airport USCs, LPRs, ESTA, B1/B2 all entered the same line and went to the same kiosks. 

In Detroit we went together through the tourist line when I activated my  immigrant visa. But, when I was traveling as a tourist the husband and I went our separate ways and he would go through USC line and I would go through the tourist line... CBP always knew I was traveling with him and I would point him out as he collected our bags. 

Edited June 8, 2023 by Redro

[Lemonslice 4,831]

2 minutes ago, Redro said:

Different at different airports. 

At Boston airport USCs, LPRs, ESTA, B1/B2 all entered the same line and went to the same kiosks. 

In Detroit we went together through the tourist line when I activated my  immigrant visa. But, when I was traveling as a tourist the husband and I went our separate ways and I he would go through USC line and I would go through the tourist line... CBP always knew I was traveling with him and I would point him out as he collected our bags. 

It is even different at different times, depending on the volume of flights/passengers incoming, and available officers/lines.  There is no right or wrong answer, you just ask, or follow directions when you land.  No big deal one way or the other. 

[Chancy 6,241]

17 minutes ago, Lemonslice said:

It is even different at different times, depending on the volume of flights/passengers incoming, and available officers/lines.

 

True.  At SFO, when I still traveled with my B1/B2 visa, one time I was told to move to the USC/LPR line because the tourist line was very long.  The CBP officer had no complaint, even after I said I was visiting my USC spouse.  Hassle-free entry.

 

[Redro 4,611]

4 minutes ago, Chancy said:

 

True.  At SFO, when I still traveled with my B1/B2 visa, one time I was told to move to the USC/LPR line because the tourist line was very long.  The CBP officer had no complaint, even after I said I was visiting my USC spouse.  Hassle-free entry.

 

Now that I think of it… they’ve moved tourists to the USC/LPR line when the majority of USCs had been processed… didn’t think of that time because initially they separated us! 

Edited June 8, 2023 by Redro

[Pleasework89 47]

I actually emailed the CBP Information Center. I heard from here that it depends on the CBP agent that processes you.  Some are willing to accommodate your foreign spouse in the citizens line....other's won't go above and beyond for it. 

 

I am attaching the screenshot of the email I got. It is an official response to your question...

[Timona 4,207]

Some CBP are always hothead ..They're the gate keepers and feel some type of way, akin to boarding agents. 

 

I rarely sign my PP and passed 6 or so CBP who told me to sign it but I never did and then a few who didn't bother, up until my last trip when I came in via Miami and this CBP lady insisted I sign it infront of her and gave me a black pen yet I asked for blue if she was insisting. She then proceeds to look at me with attitude and refuse to give me a blue pen. So, I just signed with black...power tripping.

 

I've passed the same amount of immigration officers in other countries. Even one in Mexico told me to sign it but I told her I'd sign it later. 

 

Anyway, sometimes CBP have small attitude. No need to fight with them. I can only recall a few that are chatty with me. 

[MMDG 106]

When travelling with My US citizen husband I go through the citizens line with no issues even though I travelled with a tourist visa.

[garebear397 68]

 

17 hours ago, Mike E said:

The advice was good and it is not fraud as long as the LPRs are honest about how long they have been absent.

 

16 hours ago, Chancy said:

 

Not fraud.  The CBP officer was right that your wife should have just kept her GC.  An LPR remains an LPR until an immigration judge takes away their LPR status or the LPR voluntarily surrenders it by filing I-407.

 

Maybe fraud is not the best way to frame it....but the general impression I had was that clearly living in another country, and then just coming back to the US every 6 months or whatever basically just to "refresh" your green card is not exactly the best way to go (not to mention that at any of those entries they could be turned away for that exact reason). We had no intention of coming back after 6 months or a year or anything, we intended to move to Chile for an indefinite period of time. 

 

Now personally we also would have had to remove conditions on her 2 year green card, it expired like 4 months after we moved. We actually probably didn't NEED to file the I-407, because we did it after her green card already expired, but its been useful several times both at borders and when she got her B-2 visa last year. 

 

 

[garebear397 68]

Thanks everyone for the replies! Its bascially what I thought....100% depends on the agent, how they woke up that day, airport, time of day, etc. We will probably just all go through the visitor's line next time just to avoid any issues. 

8 hours ago, Pleasework89 said:

I actually emailed the CBP Information Center. I heard from here that it depends on the CBP agent that processes you.  Some are willing to accommodate your foreign spouse in the citizens line....other's won't go above and beyond for it. 

 

I am attaching the screenshot of the email I got. It is an official response to your question...

Perfect thanks so much!

[Verrou 1,962]

that usually my go to advise unless directed otherwise, stay as a unit, USC can stay in non USC line but dont try the other way around to avoid issue, unless of course some agent told non USC can go to USC line. 

 

not to hijack OP post, what about if husband have global entry and we are coming back to the US by air? knowing him, he probably want to use the kiosk and collect the bag while im waiting in "peasant" line. should we stick together? i really dont think it necessary since we are coming back anyway. any thought?

Edited June 10, 2023 by TBoneTX
removed quote of split hijack post