Has anyone actually been denied at POE

[Tabish2k 0]

Has anyone actually been denied at Port of entry while waiting for a CRI or K3 visa ? Wife is planning on coming here for doing usmle step 2 among an observership role. She already has a b1/b2 visa for 6 months multiple entries. We are planning for her to come over for 5 months. But folks are telling us it's too risky, which Im not sure why it would be. Thoughts?

[geowrian 22,335]

Absolutely. Is it common? Not really, but there are personal experiences of it happening all over VJ. Having a USC spouse sets a higher bar to show that you intend to return home, actually.

 

I wouldn't be worried about it, but be sure to carry evidence of ties to return home. Given the 5 months planned stay, that may be difficult to show, but take whatever you do have.

 

How often has she visited the US?

[pushbrk 12,092]

3 hours ago, Tabish2k said:

Has anyone actually been denied at Port of entry while waiting for a CRI or K3 visa ? Wife is planning on coming here for doing usmle step 2 among an observership role. She already has a b1/b2 visa for 6 months multiple entries. We are planning for her to come over for 5 months. But folks are telling us it's too risky, which Im not sure why it would be. Thoughts?

Of course they have.  The biggest mistake is to say the purpose of your visit is to see your husband or wife.  Use a more generic but TRUTHFUl answer to the purpose of visit question.  "Holiday" works most times.  There's a whole pinned thread on this.  READ

[JFH 12,189]

I visited my husband over 40 times before immigrating. Every single time I was truthful and said I was visiting my boyfriend/fiancé/husband (depending on which was the correct description at the time). I never once said I was ""shopping" or "sightseeing". Why? Various reasons. If your final destination is a major tourist city such as New York, Boston, San Francisco you might get away with convincing an officer that you are going there "just for a vacation" multiple times. But that doesn't fly when your final destination (and address on your blue customs form) is a rural location in the middle of nowhere. Also, they keep the address that you put on the blue customs form on your file and the CBP officer can see what addresses you have supplied in the past. They know if it's a residential address or a hotel. I know this because my husband moved between two of my visits. I put the new address on my blue customs form and when the CBP officer asked the purpose of my visit and I said "I'm here to see my husband" he asked "what happened to the husband who lived at 7069 xxxx Drive?" I said "he moved. I'm still married to the same person". Interestingly enough, on my very first visit to my husband (but not my first trip to the US), I did say "vacation" as the purpose of my visit at first. Immediately the officer's tone changed and he said something along the lines of "do you often take vacations alone to places like this? Why would a young woman be travelling alone to this place? What takes you to xxx (name of very small town where my husband was living at the time in eastern Washington)?" So I told him I was visiting my boyfriend and he said "that's better". So I was always upfront from then on. There's nothing illegal about visiting your spouse. There's everything illegal about lying to a CBP officer. 

 

I also visited twice whilst the I-130 was being adjudicated. 

 

I was VWP-eligible so some might say I had it easier. But even VWP-eligible people have been denied. I know of someone from the U.K. who was denied entry at Detroit airport on a visit to his fiancé whilst the I-129F was being adjudicated. 

Edited March 24, 2018 by JFH

[Tabish2k 0]

18 hours ago, geowrian said:

Absolutely. Is it common? Not really, but there are personal experiences of it happening all over VJ. Having a USC spouse sets a higher bar to show that you intend to return home, actually.

 

I wouldn't be worried about it, but be sure to carry evidence of ties to return home. Given the 5 months planned stay, that may be difficult to show, but take whatever you do have.

 

How often has she visited the US?

She's been to the us twice already on a visit visa. Hopefully that helps ! 

[geowrian 22,335]

1 minute ago, Tabish2k said:

She's been to the us twice already on a visit visa. Hopefully that helps ! 

How long were the visits, how long was she outside of the US between them, and how long will it be between her last visit and when she plans to return? Basically, if she's spending too much time in the US, that raises flags.

[NikLR 13,220]

Like JFH I never had an issue visiting and always stated I was visiting my boyfriend, then husband.   I was, however, always asked where I worked, when my return date was (never more than 10 days) etc...  

 

5 months is pushing the boundary and that long of a visit can certainly cause a denial for a visit.  People in the USA barely get 2-3 weeks off at a time, let alone 5 months!  I would seriously reconsider her length of visit. 

[pushbrk 12,092]

5 hours ago, NikLR said:

Like JFH I never had an issue visiting and always stated I was visiting my boyfriend, then husband.   I was, however, always asked where I worked, when my return date was (never more than 10 days) etc...  

 

5 months is pushing the boundary and that long of a visit can certainly cause a denial for a visit.  People in the USA barely get 2-3 weeks off at a time, let alone 5 months!  I would seriously reconsider her length of visit. 

This person's purpose of visit is "for doing usmle step 2 among an observership role" whatever that actually means.  Since the time spent with spouse is secondary to that, it need not be mentioned.  Her 5 months is for a completely different and legitimate reason.

[WeGuyGal 1,052]

On 3/24/2018 at 3:31 AM, Tabish2k said:

Has anyone actually been denied at Port of entry while waiting for a CRI or K3 visa ? Wife is planning on coming here for doing usmle step 2 among an observership role. She already has a b1/b2 visa for 6 months multiple entries. We are planning for her to come over for 5 months. But folks are telling us it's too risky, which Im not sure why it would be. Thoughts?

What visa is she applying for, K3 or CR1?

 

B2 visits get tricky with a petition pending, because there is virtually no incentive for the spouse to return home. If she arrives for a 5-mo visit at POE, CBP could see it as effort to circumvent the overseas wait and a risk to AOS. 

[JFH 12,189]

3 hours ago, pushbrk said:

This person's purpose of visit is "for doing usmle step 2 among an observership role" whatever that actually means.  Since the time spent with spouse is secondary to that, it need not be mentioned.  Her 5 months is for a completely different and legitimate reason.

USMLE step 2 is part of the licensing accreditation needed to practice medicine in the USA. I'm doubtful as to whether such study and/or work is permitted on a B-2. 

Edited March 26, 2018 by JFH

[pushbrk 12,092]

12 minutes ago, JFH said:

USMLE step 2 is part of the licensing accreditation needed to practice medicine in the USA. I'm doubtful as to whether such study and/or work is permitted on a B-2. 

It's stated to be a B1B2 and she's coming "in an observership role".  It's the same visa people use to come make sales calls, go to business meetings, etc.

Edited March 26, 2018 by pushbrk

[abum 324]

13 hours ago, pushbrk said:

It's stated to be a B1B2 and she's coming "in an observership role".  It's the same visa people use to come make sales calls, go to business meetings, etc.

Yeah, i think observership for USMLE should fit B1B2 purpose. They are not paid anything (and they have to even pay the hospitals/institutions in some cases)

[JayJayH 546]

22 hours ago, WeGuyGal said:

What visa is she applying for, K3 or CR1?

 

B2 visits get tricky with a petition pending, because there is virtually no incentive for the spouse to return home. If she arrives for a 5-mo visit at POE, CBP could see it as effort to circumvent the overseas wait and a risk to AOS. 

Depends. If she already has a valid B2 it's far from impossible - She'll only have to deal with CBP and not the consulate. This is purely anecdotal, but I came over multiple times on ESTA with an I-130 pending and once with an approved I-130 waiting for interview. Half the time, CBP never asked if I knew anyone here and I just simply and generically said I'm visiting for a month. The times when they did ask more specifically, I showed them a return ticket and explained I still had a job and a life to wrap up back home. The final time I entered on ESTA I had already resigned my job and shipped half my stuff, but I had a printout of my interview date confirmation from the embassy.

These were all 2 - 6 week ESTA visits. 5 months on B2 might be trickier.

Edited March 26, 2018 by JayJayH

[WeGuyGal 1,052]

21 minutes ago, JayJayH said:

Depends. If she already has a valid B2 it's far from impossible - She'll only have to deal with CBP and not the consulate. This is purely anecdotal, but I came over multiple times on ESTA with an I-130 pending and once with an approved I-130 waiting for interview. Half the time, CBP never asked if I knew anyone here and I just simply and generically said I'm visiting for a month. The times when they did ask more specifically, I showed them a return ticket and explained I still had a job and a life to wrap up back home. The final time I entered on ESTA I had already resigned my job and shipped half my stuff, but I had a printout of my interview date confirmation from the embassy.

These were all 2 - 6 week ESTA visits. 5 months on B2 might be trickier.

Oh I know, chances are likely she'd be allowed in with an existing B2.  But if she has a valid student life and ties to home, 5 months is a significant chunk of time to be away from. The only ones I know who do 5/6 months on a b2 are retired parents or inlaws. A 20-something medical student coming over for 5 months is a risk to adjust if the 'visit' is timed to coincide with an i130 approval. CR1 interviews tend to be viewed as a hassle overseas, while the AOS process is relatively less stressful. Therein lies the incentive to adjust, and hence the risk of CBP to scrutinize a months-long itinerary.