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Could bad Global Entry interview affect I-130?

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Filed: Timeline

So a little background first... I married my wife, a Mexican citizen, here in the US back in March of this year. We immediately turned in our I-130 paperwork after that, and about two weeks ago we (finally) received our I-797 approval. My hopeful guess is that we only have another couple of months before my wife gets her interview scheduled with the US embassy in Mexico City and she can finally move up here as a fully-fledged resident.

My wife and I have flown back and forth to see each other countless times over the past 3 years. Not once has she had a serious problem with the CBP officers when she lands in the US (usually at Chicago's O'Hare), and she's been traveling to the US anyway for some time on a B1/B2 visa. Since March, she's acknowledged on at least a few occasions when asked directly that yes, she's visiting her husband and that she has an I-130 pending. In one case, when we both flew together through Washington Dulles for our honeymoon in September, the CBP officer that handled us actually thanked us for doing things "the right way" and being patient while we live in two separate countries as husband & wife while her I-130 got slowly but surely processed.

So because of all this travel, I had the bright idea recently that my wife should apply for Global Entry (the program where certain people can skip the immigration lines when they fly into the US). I submitted my wife's application for her, it was approved in a matter of days, and this past Wednesday we had her Global Entry interview at O'Hare just a few hours after she had landed to see me for the Thanksgiving holiday.

This turned out to be an absolute disaster.

As the interview started, my wife handed over her various documents and mentioned that we were married and that we had a visa petition pending that was recently approved (we provided a copy of the I-797 approval itself). The CBP officer immediately became suspicious & confrontational, like nothing I ever would have expected, and said that he was "absolutely not going to approve" her Global Entry application and now simply needed to decide if he was going to "walk her back across" the immigration line and send her back to Mexico right then and there. This happened within all of about 60 seconds of the interview start, and we were both absolutely floored. What in the world did we do wrong?, we thought. When I asked for an explanation, he said something to the effect that my wife was somehow violating her B1/B2 visa by attempting to adjust her status with our pending permanent visa application.

The officer left us for about 10 minutes, came back and looked up stuff on his computer, quizzed my wife on various things repeatedly, left us again for another 10 minutes, and then came back a final time. He ignored any comments that I made during this time, and when I did ask a direct question about whether we had actually done something wrong, he said, "That's what I'm trying to figure out." He finally took her fingerprints & her picture, and said that he ultimately couldn't process her Global Entry application and would have a supervisor make a decision on it. And then he bid us goodbye... with no more threat of sending my wife back home that day, no explanation of what exactly she had violated, and no apology for scaring the ####### out of her. When I got the decision rejection email about an hour later, the only explanation was that my wife "appeared to have violated the terms of (her) NIV B1/B2 visa."

In a few months time when the dust around our permanent visa settles (and I won't risk jeopardizing things by complaining), I intend to write to the Global Entry ombudsman and ask them to reconsider this application given this bizarre and seemingly very unfair experience. However, my concern right now is twofold: (1) Could this Global Entry interview & the officer's decision somehow have an impact on our pending visa application with the Department of State?; and (2) Could my wife (and I, indirectly) have truly "violated" some aspect of her B1/B2 visa, or is this officer just completely out in left field? For this latter question, I assume my wife has the right to travel here on her B1/B2 while a permanent visa petition is pending, so I have zero idea what in the world this officer could be referring to.

Thanks in advance.

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Filed: K-1 Visa Country: Wales
Timeline

There is no right to travel, she can certainly seek entry.

Sounds like the issue may have been the frequency of her visits.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Lift. Cond. (apr) Country: China
Timeline

(1) Could this Global Entry interview & the officer's decision somehow have an impact on our pending visa application with the Department of State?;

No

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: Timeline

Sounds like the issue may have been the frequency of her visits.

I'm not so sure. The officer definitely didn't mention the frequency of her visits at all, and he had already jumped to conclusions about my wife long before he took a look at her previous visits on the computer.

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Filed: K-1 Visa Country: Wales
Timeline

It is a guessing game as to what arose his suspicions.

Does not really matter now.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I've had a certain CBP officer tell me I wasn't allowed to cross the border when I had the pending I-130 and visa application (I was heading to the interview in 3 days.) I told her I'd always been upfront about our pending application and the officers had allowed me through, to which she was like, okay then, not a problem and dropped the subject.

CBP.... left hand doesn't talk to right hand and neither talks to the brain.

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Filed: Citizen (apr) Country: Ecuador
Timeline

CBP.... left hand doesn't talk to right hand and neither talks to the brain.

Speaking as a regular member, I think that this line merits enshrinement among the All-Time Immortal VJ Quotes.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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Filed: Citizen (pnd) Country: Canada
Timeline

My understanding of this as stated in global entry you cannot apply for it when you have a non-immigrant visa. It states B1/B2 as a exclusion for applying.

Apr 11/13...married in Las Vegas
Apr 18/13...filed 1-130
Apr 22/13...received notification Noa1

Nov 26/13...218 days transferred from NBC to CSC

Dec 30/13..Notification of approval NOA2

Jan 9/14....Received by NVC

Feb 10/14...Obtained Case#, IIN,BIN#'s

Feb 10/14...sent OPTIN email..received

Feb 15/14...Confirmation for DS261

Feb 20/14...AOS shows PAID

Feb 20/14...Received Document Cover sheet (bar coded)

Feb 28/14.. received OPTIN approval

Feb 28/14...emailed OAS package

Mar 4/14 paid IV Bill

Mar 6/14 submitted DS260

Apr 14/14 Case Complete NVC

Apr 17/14 Received instructions for appt

Apr 21/14 Case sent electronically to Montreal.

May 30/14 appt in Montreal

May 30/14 APPROVED!!! YIPPEE

June 4/14 Passport with Visa in Hand! (quick eh)
Aug 20/14 POE Detroit Bridge

Aug 26/14 received SSN (card)

May 23/16 Filed 1-751 (California)

Nov 26/16 751 Approved 10 yr card on way.

N400

Dec 27/17   Mailed application

Dec 29/18   Priority Date

Jan 4/18     NOA..Fee pd

Jan 24/18   Biometrics

Feb 9/19    N400 Interview in Las Vegas- Approved!!

Mar 8/19   Oath Ceremony

Mar 8/19   I'm a citizen!!

 

 

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