I was asked to go to the secondary inspection - will I get flagged from now on?

[special k10 5]

Good morning/afternoon everyone! Hope you're all doing well.

 

Yesterday I flew from GTW in London to Dublin and then Dublin to Chicago so I can visit my USC husband. At the airport in Dublin, I went to preclearance. I've been to quite a few different American ports of entry and the one in Dublin to me seemed to have the nicest CBP people so far, and I'm usually a very anxious and stressed person, so I much prefer going to Dublin for preclearance.

For context, the CBP officer admitted me into the US, asked me to fill a declaration form (for goods brought into the US), and the secondary inspection was around 20 minutes long.

 

I've previously never had any problems whatsoever at the CBP, they would usually ask me 3-5 questions and then welcome me to the US. Yesterday, however, was the first time I used my British passport to enter the US. I've previously used my EU passport to enter the US and have never been refused or asked to go to the secondary.

 

What happened, to put it succinctly, is that I gave them my British passport and what I can only assume happened (they didn't inform me what the exact reason was for the secondary inspection that followed) is that my fingerprints matched with the ones associated with my EU passport which I used before to enter the US. I believe this is the case because the first CBP officer who interviewed me was actually pretty confused looking and in disbelief; he was the one who asked me to go to the secondary for more questions.

 

What ensued was lots of questions about my husband and I, and then at the secondary I was asked the same questions and a few more.

The CBP officer at the end of the secondary inspection advised me that if I have an immigrant intent and want to ever live in USA with my husband, then my husband absolutely must file for a spouse visa and that's the end of it.

What really confused me is that I had informed the officer that we don't actually know at the moment what country we will live together in, so I'm not sure if he thought I was a high risk of not honoring the tourist visa rules or if it's just normal for them to advise me this way. Is it normal practice at the CBP to inform someone on a tourist visa (like me) about the immigration process and how long it takes? 

 

I'm aware of the US immigration rules and have always had the right visa for the respective activity in the US (previously had a J1 visa). I completely hadn't considered that I'd get extremely scrutinized for having 2 passports from 2 different countries. If it makes any difference, the British passport has my married name, the EU one has my maiden name because I haven't yet managed to travel to my country of birth to do all the paperwork to change my name.

 

So - I have 2 questions:

 

1) Should I be worried that before the secondary inspection ended, the CBP officer informed me what the immigration process is like? He said "your husband must file form i-930 and you have to go to the embassy in London".

He also said I should get started on filing as soon as we can (even though I hadn't even asked about the immigration process) because the wait times for spouse visas are now approximately 2 years long - is that true?

 

2) Will I have problems entering the US again in the future? Will the secondary inspection I've had flag me in the future? Do I essentially have a target on my back from now on?

 

 

I'm looking forward to all of your advice!

Thank you in advance.

Edited December 11, 2022 by special k10
Grammatical error

[Crazy Cat 39,661]

Every single visit is at the discretion of CBP....regardless of which passport you use.  If they suspect that you want to enter as a visitor with intent to stay and adjust status, they can certainly deny entry due to suspected fraud. Yes, you have a history. Yes, 2 years is pretty accurate. 

[special k10 5]

2 minutes ago, Crazy Cat said:

Every single visit is at the discretion of CBP....regardless of which passport you use.  If they suspect that you want to enter as a visitor with intent to stay and adjust status, they can certainly deny entry due to suspected fraud. Yes, you have a history. Yes, 2 years is pretty accurate. 

 

"Yes, you have a history" - could you kindly explain what you mean by that? I am reading that as "yes, they can see that you had a secondary inspection and it will raise eyebrows". Is that a fair interpretation of what you said?

 

Thank you.

[Crazy Cat 39,661]

3 minutes ago, special k10 said:

Is that a fair interpretation of what you said?

Yes.  It sounds like a warning.  Others might disagree.

[special k10 5]

Just now, Crazy Cat said:

Yes.  It sounds like a warning.  Others might disagree.

What the CBP officer said sounds like a warning? Oh wow. I am unsure what made them want to warn me - nothing has changed apart from me gaining British citizenship since I last visited the US in August.

[Mike E 11,727]

Why did you swap passports?

[Crazy Cat 39,661]

2 minutes ago, special k10 said:

I am unsure what made them want to warn me

Because some people try to bypass the long process.

[special k10 5]

Just now, Mike E said:

Why did you swap passports?

I have become a British citizen in Oct of this year, I really wanted to use my British passport. First time I used it was yesterday. I didn't realize it would seem so suspicious, hindsight is 20/20 though😅

1 minute ago, Crazy Cat said:

Because some people try to bypass the long process.

I understand... Thank you @Crazy Cat!

[Crazy Cat 39,661]

1 minute ago, special k10 said:

I have become a British citizen in Oct of this year, I really wanted to use my British passport. First time I used it was yesterday. I didn't realize it would seem so suspicious, hindsight is 20/20 though😅

By law, every visitor is assumed to have immigrant intent.  A spouse in the US is a strong tie to the US.

Edited December 11, 2022 by Crazy Cat

[special k10 5]

Just now, Crazy Cat said:

By law, every visitor is assumed to have immigrant intent.  

Ohh, okay, and since it was the first time using an ESTA for my first British passport... Yeah, I can totally see that now.....

[Lil bear 3,845]

1 hour ago, special k10 said:

Ohh, okay, and since it was the first time using an ESTA for my first British passport... Yeah, I can totally see that now.....

Its likely that the warning has been recorded on your CBP entry record. Keeping visits short and well spaced out is a good move .. its unfortunately easier to raise CBP concerns rather  than to decrease them ..😳

[special k10 5]

2 minutes ago, Lil bear said:

Its likely that the warning has been recorded on your CBP entry record. Keeping visits short and well spaced out is a good move .. its unfortunately easier to raise CBP concerns rather  than to decrease them ..😳

Thank you for the advice. 

 

I'm worried now since you're the second person to say it was a warning - a warning for what? What did I do wrong exactly? 🙁

 

I guess I should've just used my first passport like I have before... If I'd done that, I probably wouldn't have had to deal with such a stressful situation.

[Lil bear 3,845]

1 minute ago, special k10 said:

Thank you for the advice. 

 

I'm worried now since you're the second person to say it was a warning - a warning for what? What did I do wrong exactly? 🙁

 

I guess I should've just used my first passport like I have before... If I'd done that, I probably wouldn't have had to deal with such a stressful situation.

You have done nothing wrong. Its a risk assessment by CBP.  Everyone entering on a visitor visa is presumed to have immigration intent .. and its up to the officer to assess it at that time. Refusal of entry or issuing a warning is based on the decision by the officer that the likelihood of overstay is greater than they want to allow.  Its not “innocent until proven guilty” unfortunately .. rather the other way round. You didn't do anything wrong .. its unfortunately up to each officer in the moment and the decision they make. You may have done nothing more than chosen a line at immigration staffed by a very pedantic/grumpy/not enough caffeine/too much caffeine/new and applying the guidelines overly keenly /tired /overworked/?????? agent. 
 But yes it is very unsettling. 😢

[Family 3,554]

8 minutes ago, special k10 said:

I'm worried now since you're the second person to say it was a warning - a warning for what? What did I do wrong exactly? 🙁

 

I guess I should've just used my first passport like I have before... If I'd done that, I probably wouldn't have had to deal with such a stressful situation

If Jane Smith shows up with a UK passport, and her data reads she previously traveled as Jane Jones with a different nationality and passport…you can understand the need for secondary as they make sure . 
Not clear if on previous visits w passport of home country in maiden name you were asked or disclosed being married to a US Citizen.

 

The warning you were given will certainly be part of the record of encounter and seems a novel way the are tackling the historic free pass on preconceived immigrant intent …interesting.

 

Simply put,  whenever you and husband decide what country you will “live in “ …if the choice is US, then you will need to do consular process . 

 

https://www.cbp.gov/newsroom/local-media-release/second-impostor-three-weeks-caught-cbp-biometric-verification

the CBP officer established that the traveler was not a match to the passport and referred her for further examination

[powerpuff 5,982]

Visiting the US is a privilege, not a right. I have an impression those with VWP/ESTA privileges easily forget that. Majority of people from non- VWP/ESTA countries would have their tourist visas denied when they apply at a US consulate with such a strong tie to the US as a US citizen spouse. As a result, they are not able to travel to see their SOs at all and are forced to meet elsewhere. I’m not at all surprised CBP officer ‘flagged’ your case, it happens so often but as I said those with VWP/ESTA privileges are taken aback when that happens to them. Just make sure you don’t visit too often and stay long and have proof strong ties to your home country.

 

to answer other questions, yes spousal visas take about 2 years on average. 

about being flagged from now, don’t visit too often for long and have evidence of strong ties.