Visiting US while waiting for I-130?

[Redro 4,588]

 

3 hours ago, SusieQQQ said:

I think you misunderstood my point. They - immigration, before she reached customs - picked up that the woman coming in was planning to overstay by the amount of luggage she brought in, and what was in it. There may or may not have been other reasons for suspicion, I don’t recall, but that was one at least, and they retrieved and searched the luggage before she cleared immigration. 

 

What you are saying - that they only match luggage later and have not connected it with the person applying for entry  - contradicts what the filming of actual operations indicates. 

I always travel with a lot of luggage when going to the States (2 bags for a 2 week trip last winter!- 4 if you include my husband's luggage) and they definitely searched my bags before I cleared customs (I got a nice note at the top of my bag informing me).

 

14 hours ago, welkin25 said:

I'm US citizen and my husband is South Korean, we've filed I-130 in February and still waiting on approval. He plans to visit me this holiday season on ESTA, but we have a couple questions:

- is it risky if he wants to stay here for over two months? He has a teaching job so he gets a long vacation, but we're afraid a longer stay would arouse more suspicion that he wants to stay here illegally.

- would he be denied entry if he says he's visiting his wife (as opposed to a generic answer like "traveling / visiting family and friends")? Or will they see his I-130 application anyway so he should just be honest and say he's visiting me?

 

Thanks in advance!

You're always taking a chance with a visit... but, if you filed in February there is a chance he could be at NVC stage or awaiting an interview next January/February so, planning for a trip then might be trickier.

Also, the Korean school year starts in March, so they might think he is more likely to overstay/adjust status and not return to his job. 

Edited October 23, 2021 by Kor2USA

[pushbrk 12,094]

3 hours ago, SusieQQQ said:

I think you misunderstood my point. They - immigration, before she reached customs - picked up that the woman coming in was planning to overstay by the amount of luggage she brought in, and what was in it. There may or may not have been other reasons for suspicion, I don’t recall, but that was one at least, and they retrieved and searched the luggage before she cleared immigration. 

 

What you are saying - that they only match luggage later and have not connected it with the person applying for entry  - contradicts what the filming of actual operations indicates. 

I'm comparing my experience with actually getting passport stamps and claiming luggage when entering the US.  I have NEVER picked up my checked luggage before "entering the USA" by presenting my passport to a CBP officer.  Yes, I have been pulled aside AFTER claiming my luggage.  It's possible you misunderstood the context of what was "filmed".  It's also possible things work differently in different airports, but I've entered through a dozen or more major airports.

[SusieQQQ 11,584]

8 hours ago, pushbrk said:

I'm comparing my experience with actually getting passport stamps and claiming luggage when entering the US.  I have NEVER picked up my checked luggage before "entering the USA" by presenting my passport to a CBP officer.  Yes, I have been pulled aside AFTER claiming my luggage.  It's possible you misunderstood the context of what was "filmed".  It's also possible things work differently in different airports, but I've entered through a dozen or more major airports.

I have also entered the US countless times through different airports, as a visitor, LPR and citizen, and it’s never happened to me, but it was very clear what was happening in the segments filmed, and I did not misunderstand it. You again seem to have misunderstood what I said. At no point did I say the person “picked up their checked luggage before entering”. What I said was that CBP had linked people (on more than one occasion but usually drug suspicion, this one happened to be an immigrant intent suspicion) with their “suspect” luggage before the person had reached immigration, and it formed part of the questioning at immigration, and in some instances the luggage was the retrieved (by cbp) for checking before immigration was cleared. If you still don’t understand then I can’t make it any clearer for you and hopefully others get what I mean,

Edited October 23, 2021 by SusieQQQ

[Redro 4,588]

@SusieQQQ and @pushbrk fyi... I've received notices that my luggage has been searched after I've picked it up... so CPB definitely searches luggage before you go through customs. My luggage has also been searched on multiple occasions because I usually enter the US with at least 2 bags for short trips (2-4 weeks). 

I've also been through secondary and had my bags searched... so both situations can and do occur. 

[Chancy 6,233]

17 hours ago, millefleur said:

I assume if you're taken to secondary they will then ask you to pick out your bags or pre-collect your bags and then go through them.

 

I can confirm from experience that it does happen, but not in all cases.  When I was taken to secondary, the guy who was in the waiting room before me was asked by a CBP officer to describe his luggage so the officer can collect and inspect it.  When it was my turn to be interviewed, the CBP officer did not collect my luggage.  They interviewed me, then stamped my passport for US entry.  My luggage was still on the carousel and unopened when I picked it up.