Stressed about CBP interview for Japanese fiance

[gandalf1989 6]

Hi all,

 

My fiance is flying here from Japan to visit me in the US in June. She will be visiting on an ESTA visa. I'm kind of stressing over the customs interview since she will be visiting for 85 days and I heard that they may scrutinize longer stays. I'd appreciate any advice to help get her through customs without issues.

 

Some details:

She will stay from mid June to early September.

This will be her 2nd time visiting the US. She previously stayed for 1 week in January this year.

Her plane ticket is non-changable and non-refundable.

She can speak some English, but she's not skilled yet. She can understand me when I speak slowly for her.

She is in between jobs at the moment. I am supporting her financially. She has a part time job offer she can pursue when she returns to Japan in September.

We are planning to get married soon after she arrives and apply for the CR-1 Visa right away.

She is planning to bring our wedding rings with her on the plane ride to America.

She rents a house in Japan.

She has 2 living parents, a grandmother, and a brother in Japan.

 

I'm stressed about the long stay, the fact that she is between jobs, and the fact that we plan to get married. I'm worried these might be red flags for a CBP agent even though our intentions are within the law.

 

Would you recommend that we prepare supporting documents explaining our intentions, her situation, and her current ties to Japan? Or maybe just a note witb my name and number in case the agent would like to speak to me (I will be at the airport to pick her up)? If she is denied entry, is there any recourse for us before she is sent back to Japan?

 

I just want her to get here safe. We are both really looking forward to this time together. Any advice is greatly appreciated.

[Cw1977 129]

1 hour ago, gandalf1989 said:

Hi all,

 

My fiance is flying here from Japan to visit me in the US in June. She will be visiting on an ESTA visa. I'm kind of stressing over the customs interview since she will be visiting for 85 days and I heard that they may scrutinize longer stays. I'd appreciate any advice to help get her through customs without issues.

 

Some details:

She will stay from mid June to early September.

This will be her 2nd time visiting the US. She previously stayed for 1 week in January this year.

Her plane ticket is non-changable and non-refundable.

She can speak some English, but she's not skilled yet. She can understand me when I speak slowly for her.

She is in between jobs at the moment. I am supporting her financially. She has a part time job offer she can pursue when she returns to Japan in September.

We are planning to get married soon after she arrives and apply for the CR-1 Visa right away.

She is planning to bring our wedding rings with her on the plane ride to America.

She rents a house in Japan.

She has 2 living parents, a grandmother, and a brother in Japan.

 

I'm stressed about the long stay, the fact that she is between jobs, and the fact that we plan to get married. I'm worried these might be red flags for a CBP agent even though our intentions are within the law.

 

Would you recommend that we prepare supporting documents explaining our intentions, her situation, and her current ties to Japan? Or maybe just a note witb my name and number in case the agent would like to speak to me (I will be at the airport to pick her up)? If she is denied entry, is there any recourse for us before she is sent back to Japan?

 

I just want her to get here safe. We are both really looking forward to this time together. Any advice is greatly appreciated.

hi

 

hopefully it will all be fine for you and her, but don’t forget she might not be admitted for 85 days. They make the decision when she arrives and it’s possible they only allow her to stay for a few wks or so. She should be ready to deal with this and how she would deal with the flight home, especially as you say it is non changeable. How would she buy a flight home after a month, for example?

 

would be good for her to be ready for these types of challenges just in case, as well. 
 

 

[gandalf1989 6]

Just now, Cw1977 said:

hi

 

hopefully it will all be fine for you and her, but don’t forget she might not be admitted for 85 days. They make the decision when she arrives and it’s possible they only allow her to stay for a few wks or so. She should be ready to deal with this and how she would deal with the flight home, especially as you say it is non changeable. How would she buy a flight home after a month, for example?

 

would be good for her to be ready for these types of challenges just in case, as well. 
 

 

 

I had no idea that was a possibility.

 

Honestly, if that was the case, I would still be extremely grateful. It would give us the opportunity to get married in the US so that we can begin the CR-1 visa process. And even 3 weeks together would be incredible right now.

 

I would be able to pay for a new return ticket in that case. At the very least she will have gotten value out of the inbound flight.

 

Thank you for the information and for wishing us well.

[TBoneTX 46,960]

She should tell the CBP agent, "This visit is intended to generate evidence of a bona fide relationship for the filing of the I-130 and the subsequent CR-1 visa interview at the embassy in Tokyo.  My good travel history from my January visit is in your records."

 

If the agent remains dubious, especially regarding her unemployment, she should say, "This break between jobs is ideal for generating evidence of a bona fide relationship for the filing of the I-130 and the subsequent CR-1 visa interview at the embassy in Tokyo.  My good travel history from my January visit is in your records."

 

If she's asked why she's marrying in the U.S., say, "It's difficult and time-consuming to obtain marriage certificates in Japan, and translations of them, for the filing of the I-130 and the subsequent CR-1 visa interview at the embassy in Tokyo.  My good travel history from my January visit is in your records."

 

It's crucial to hammer these points incessantly.  If the agent is in a bad mood (many of them are typically in a foul mood and looking to nail somebody), she should say, "Sir/ma'am, may we please involve a supervisor at this point?"

 

If her English is too weak for the above, she should ask for a Japanese translator or recruit a strongly bilingual seatmate from her flight.

Edited Sunday at 05:05 AM by TBoneTX

[Scandi 4,265]

7 hours ago, Cw1977 said:

hi

 

hopefully it will all be fine for you and her, but don’t forget she might not be admitted for 85 days. They make the decision when she arrives and it’s possible they only allow her to stay for a few wks or so. She should be ready to deal with this and how she would deal with the flight home, especially as you say it is non changeable. How would she buy a flight home after a month, for example?

 

would be good for her to be ready for these types of challenges just in case, as well. 
 

 

With the ESTA (NOT a visa) you get the full 90 days or nothing at all. Only with visas do CBP decide how long you actually get to stay. 

[gandalf1989 6]

6 hours ago, TBoneTX said:

She should tell the CBP agent, "This visit is intended to generate evidence of a bona fide relationship for the filing of the I-130 and the subsequent CR-1 visa interview at the embassy in Tokyo.  My good travel history from my January visit is in your records."

 

If the agent remains dubious, especially regarding her unemployment, she should say, "This break between jobs is ideal for generating evidence of a bona fide relationship for the filing of the I-130 and the subsequent CR-1 visa interview at the embassy in Tokyo.  My good travel history from my January visit is in your records."

 

If she's asked why she's marrying in the U.S., say, "It's difficult and time-consuming to obtain marriage certificates in Japan, and translations of them, for the filing of the I-130 and the subsequent CR-1 visa interview at the embassy in Tokyo.  My good travel history from my January visit is in your records."

 

It's crucial to hammer these points incessantly.  If the agent is in a bad mood (many of them are typically in a foul mood and looking to nail somebody), she should say, "Sir/ma'am, may we please involve a supervisor at this point?"

 

If her English is too weak for the above, she should ask for a Japanese translator or recruit a strongly bilingual seatmate from her flight.

 

She can probably express those statements on her own, especially if she practices, but I'm worried that the language barrier will make it sound like she has immigrant intent and become an easy refusal for the officer. A translator would be ideal if that is an option. Getting a japanese translator seems a little tricky though.

 

How do you feel about preparing a written statement beforehand to show to the officer? We would work on it together and it would contain her own truthful statements regarding her circumstances.

 

Is generating evidence of a bonafide marriage a valid use of the ESTA stay? We will certainly accomplish that, although the purpose of the visit is primarily to enjoy our time together.

 

I'm unsure about requesting to speak to a supervisor because I'm worried it could be seen as uncooperative. But in the worst case scenario that she is refused entry by the initial officer, will there be an opportunity to plead our case before she is sent back? For example to a supervisor, either with my help or the help of a translator?

 

Sorry for all the questions, I'm just trying to prepare for this challenging situation in any way that we possibly can. Thank you for your response, I appreciate the information

 

1 hour ago, Scandi said:

With the ESTA (NOT a visa) you get the full 90 days or nothing at all. Only with visas do CBP decide how long you actually get to stay. 

 

Yes I understand it is not a visa, I made a mistake in my original post. Thank you for the clarification.

Edited Sunday at 11:19 AM by gandalf1989

[Vickys_Mom 252]

11 hours ago, gandalf1989 said:

We are planning to get married soon after she arrives and apply for the CR-1 Visa right away.

She is planning to bring our wedding rings with her on the plane ride to America.

So she's going to enter the US on an ETSA and get married.

 

She needs to be very careful that she explains that if they ask her straight out.

 

Also she needs to make it clear that she plans to return to Japan while the paperwork is completed.

 

Even then, they could be concerned that you're planning to adjust her status while she's here and the whole thing is a ploy to avoid the queue.  Remember that no matter how well prepared you are, CBP still has the option to refuse her entry.

 

My mother-in-law speaks very poor English.  My wife make extra trips to accompany her back and forth between her home country and the U.S.  She translates at Immigration as needed.  If you have concerns, you might consider travelling with her on the way into the U.S.

 

Good luck.

 

Vicky's Mom

Edited Sunday at 12:07 PM by Vickys_Mom

[gandalf1989 6]

5 minutes ago, Vickys_Mom said:

So she's going to enter the US on an ETSA and get married.

 

She needs to be very careful that she explains that if they ask her straight out.

 

Also she needs to make it clear that she plans to return to Japan while the paperwork is completed.

 

Even then, they could be concerned that you're planning to adjust her status while she's here and the whole thing is a ploy to avoid the queue.  Remember that no matter how well prepared you are, CBP still has the option to refuse her entry.

 

My mother-in-law speaks very poor English.  My wife make extra trips to accompany her back and forth between her home country and the U.S.  She translates at Immigration as needed.  If you have concerns, you might consider travelling with her on the way into the U.S.

 

Good luck.

 

Vicky's Mom

 

She has a layover in Toronto, so it's possible for me to meet her there and fly into the US together. I like that as a way for me to be more involved in the process, it's just a little roundabout. Because of my job and plane ticket prices, it's not feasible for me to travel with her from Japan.

 

It's frustrating because even though our situation raises red flags, our intentions are good and within the law. I'm just worried that she will not be able to explain the full details of the situation to the satiafaction of an officer.

 

Thank you for the advice and for wishing us well.

[appleblossom 3,887]

2 hours ago, Scandi said:

With the ESTA (NOT a visa) you get the full 90 days or nothing at all. Only with visas do CBP decide how long you actually get to stay. 

 

Do you have a link to that info? I know a couple of people who've been admitted for less than 90 days under ESTA, the date stamped was their return flight date so they couldn't change it and stay longer. 

[ShazShaz 44]

3yrs ago, I visited on Esta, got married, filed CR1 and left. Total stay was 85days. I know the CBP environment is now different, I’m sharing my experience in case it helps. 
 

1) Be ready to answer questions on reason for visit. I answered truthfully that I was visiting to tour my future country, get married, file for CR1 and then leave. I also informed that I have a return ticket on xx date. Esta is for tourism, not for living in the US, hence I emphasized I will be doing some tourism. 
 

2) Be ready to assure CBP that there are no plans to adjust status and your gf’s previous clean visit records show that she plan to handle her migration the rightful way. Also ensure she knows your house address by heart. 
 

I had left my job when I did my Esta/marriage visit. CBP did not ask about my work, I think they are more lenient towards Esta visitors. 
 

On a side note, she can consider applying for Global Entry with her Japanese passport. 
 

[Cw1977 129]

4 hours ago, Scandi said:

With the ESTA (NOT a visa) you get the full 90 days or nothing at all. Only with visas do CBP decide how long you actually get to stay. 

that’s not true. It’s up to 90 days. 
 

it’s VERY common to be admitted for the full 90, yes, but my point was if they are concerned it’s being used incorrectly, they can choose how long. I had my ESTA admittance once marked for less than 90, but that was due to when my passport was expiring. 
 

it definitely IS NOT 90 days or nothing. Please don’t spread mis information.  

[JeanneAdil 6,905]

1 hour ago, gandalf1989 said:

 

She has a layover in Toronto, so it's possible for me to meet her there and fly into the US together. I like that as a way for me to be more involved in the process, it's just a little roundabout. Because of my job and plane ticket prices, it's not feasible for me to travel with her from Japan.

 

It's frustrating because even though our situation raises red flags, our intentions are good and within the law. I'm just worried that she will not be able to explain the full details of the situation to the satiafaction of an officer.

 

Thank you for the advice and for wishing us well.

She will then do the process for Customs and Immigration in Toronto which is a plus 

 

Understand now that USCIS has new rule and prepare for this

United States Citizenship and Immigration Service (USCIS) is responsible for administering the Alien Registration Requirement, including establishing the G-325R form and online process for registration, fingerprinting, and biometric information collection, as mandated by the Immigration and Nationality Act (INA). USCIS has established a new form, Form G-325R (Biometric Information (Registration)), and an online process for aliens to register and comply with the law. For more information about the Alien Registration Requirement, visit the USCIS website at https://www.uscis.gov/alienregistration

[JeanneAdil 6,905]

i should have said if Toronto is her 1st stop for US or city that does US customs 

[gandalf1989 6]

5 hours ago, ShazShaz said:

3yrs ago, I visited on Esta, got married, filed CR1 and left. Total stay was 85days. I know the CBP environment is now different, I’m sharing my experience in case it helps. 
 

1) Be ready to answer questions on reason for visit. I answered truthfully that I was visiting to tour my future country, get married, file for CR1 and then leave. I also informed that I have a return ticket on xx date. Esta is for tourism, not for living in the US, hence I emphasized I will be doing some tourism. 
 

2) Be ready to assure CBP that there are no plans to adjust status and your gf’s previous clean visit records show that she plan to handle her migration the rightful way. Also ensure she knows your house address by heart. 
 

I had left my job when I did my Esta/marriage visit. CBP did not ask about my work, I think they are more lenient towards Esta visitors. 
 

On a side note, she can consider applying for Global Entry with her Japanese passport. 
 

 

Yes, I think we will do some practice interviews together in English to help her emphasize the points that she will spend time here with her fiancé and do some sightseeing, and that she has a return ticket for September.

 

She will not mention that she will be marrying, but if they ask she will say "Yes I will get married and then return to Japan in September"

If they ask if we plan to adjust status, she will answer no, and that she will return to Japan in September.

I do not think they will ask is she will apply for a visa, but if they do she will say yes, I would like to apply for a CR-1 Visa, but I will be returning to Japan and complete the process at the embassy in Japan.

 

Ultimately, there is nothing else to do accept to go in prepared, answer all questions completely and honestly, and hope for the best. She has many things going in her favor which will hopefully balance out the red flags.

 

As for Global Entry, we still have several weeks before her flight. Should she try applying now, and if she's lucky, she'll be able to take a Global Entry interview at her point of entry?

Will a Global Entry interview have a higher chance of success?

 

Thank you for sharing your experience and for the advice.

 

5 hours ago, JeanneAdil said:

She will then do the process for Customs and Immigration in Toronto which is a plus 

 

Understand now that USCIS has new rule and prepare for this

United States Citizenship and Immigration Service (USCIS) is responsible for administering the Alien Registration Requirement, including establishing the G-325R form and online process for registration, fingerprinting, and biometric information collection, as mandated by the Immigration and Nationality Act (INA). USCIS has established a new form, Form G-325R (Biometric Information (Registration)), and an online process for aliens to register and comply with the law. For more information about the Alien Registration Requirement, visit the USCIS website at https://www.uscis.gov/alienregistration

 

That's interesting, I didn't know about that. Does she need to complete that before she leaves Japan? Or at the airport? Or while she is here in the US?

 

She has a flight from Osaka to Toronto, then a 3.5 hour layover before flying from Toronto to Pittsburgh.

 

Thank you for the information.

[ShazShaz 44]

19 hours ago, gandalf1989 said:

 

She will not mention that she will be marrying, but if they ask she will say "Yes I will get married and then return to Japan in September"

There’s nothing wrong to admitting but there’s also no need to mention if they didnt ask. Confidence is key. I told CBP that I’m flying in to get married and tour because K1 is too troublesome and USCIS might find a US marriage certificate easier to understand. The CBP agent appreciated that I was upfront with the info. 
 

19 hours ago, gandalf1989 said:

As for Global Entry, we still have several weeks before her flight. Should she try applying now, and if she's lucky, she'll be able to take a Global Entry interview at her point of entry?

Will a Global Entry interview have a higher chance of success?

Global entry is extremely useful when travelling internationally. It skips the long immigration queue for international visitors. I would presume less questions at the border since she would be pre-cleared by the Global entry program. However each entry is still at the mercy of the CBP agents. If money is not an issue, I would recommend since Japan is one of the few countries who are eligible for the program. 

Edited Monday at 03:45 PM by ShazShaz