Do CBP at the POE see a withdrawn visa application?

[JFH 12,189]

Yes, if you enter with a CR-1 you don't need advanced parole to be able to go back to Italy to visit your family.

I think you will be fine. I have used the VWP dozens of times to visit my husband and never been questioned beyond the usual "how long are you staying and what is the purpose of your visit?". Never had to show documents.

[poia 0]

My plan is to enter on esta before getting married and before filing for cr1. I am considering withdrawing my i-129f petition (explaining we are still engaged just want to use the cr1) then enter in the summer to visit my fiance, but we don't have any plans for the wedding yet. I am just scared the cbp sees i would have withdrawn my petition at the poe and won't let me in. I of course would bring every proof i can think of that will show i definitely intend to go back at the end of the summer (school certificates, bank statements etc).
Do you know if they can see a withdrawn petition? If this is a red flag for them? Just want to be sure.

[mallafri76 1,012]

Did your fiance file a petition for you or did you get as far as applying for the actual fiance visa before withdrawing? If it's just the petition, then no CBP can't see that.

Good ties to your home country will be a letter from your employer and rental agreement/mortgage deed. Having an invalid grandmother is not proof of strong ties, as you already have intent of immigrating to the US.

I doubt they care about whether or not you've withdrawn a fiance petition. The issue will be whether or not you can convince CBP that you're only coming to visit and will return to Italy within 90 days.

Edited February 25, 2016 by mallafri76

[poia 0]

I do not have any of that since i'm a full time student and still live with my parents. I would have a bank statemennt saying i paid my school for next year, certificates that I'm still in school, study plan with exams done/to do, certificate of residence, probably a sworn letter stating i absolutely do not inted to immigrate at that time. My fiance applied for me when i was still there visiting, then i left a week after (did not overstayed, never!) and 2 days later we got our noa1 and thats it.
If we decided to withdraw now, then getting married this summer while on vwp, what should i say at poe? state the truth? again, we still don't have plans. But i don't want to risk to be denied cr1 for misrepresentation.

[Transborderwife 4,666]

I do not have any of that since i'm a full time student and still live with my parents. I would have a bank statemennt saying i paid my school for next year, certificates that I'm still in school, study plan with exams done/to do, certificate of residence, probably a sworn letter stating i absolutely do not inted to immigrate at that time. My fiance applied for me when i was still there visiting, then i left a week after (did not overstayed, never!) and 2 days later we got our noa1 and thats it.

If we decided to withdraw now, then getting married this summer while on vwp, what should i say at poe? state the truth? again, we still don't have plans. But i don't want to risk to be denied cr1 for misrepresentation.

If you got married on vwp you'd have to return to your country. You'd say you're getting married but returning for the cr1 process

[JFH 12,189]

Which is why I never said "friends" when asked who I was visiting at POE. I know some people do. But this is my take on it.

The address that you write on the blue customs form - they keep that on file! My husband used to live at 2209 ABC Street and that was always the address I put on my customs declaration form on the plane. My husband then moved to 3738 XYZ Street and the next time I went after the move I used this address. CBP officer said, as he looked at the computer screen, after I told him I was visiting my boyfriend (which he was at the time), "what happened to the boyfriend at 2209 ABC Street?" I said "it's the same boyfriend but he moved". He then said "so I will need to update your record". He then manually typed in the new address. I had no idea that he may have suspected I might be "trying out various American men for size" in a desperate attempt to marry one to be able to live in the US.

So... If you have been saying "friend" and giving their address on the customs form, that address is linked to your entry and exit record. If you now go and say "fiancé" or "getting married" and they see it's the same address you claimed your friends lived at, well... I think it could cause a problem.

I'm thinking when I get to NVC stage and then have my passport details they will study this record. I am pleased that mine will match 100% with my story - I have been visiting my boyfriend/fiancé/husband and always said so.

It's not a crime to have a boyfriend or girlfriend. Don't be ashamed to admit you met online (if you did). Based on statistics alone, there's a good chance that at any POE at least one CBP officer there will have done some online dating. They are well aware of its existence.

I also think saying "friend" sounds more suspicious. Having a boyfriend or girlfriend is perfectly natural. And it's perfectly natural to want to spend as much time as possible with them. But how many people would fly half-way across the world several times a year for a friend? I have good friends. Very good friends. But I wouldn't spend my entire work leave entitlement with them and spend hundreds on plane tickets to see them.

Edited February 25, 2016 by JFH