TWA884

Please take a look at this thread:

GUWonder

If the fiance is approved for a K-1 and it's issued and there is evidence on arrival too that the relationship is legitimate and the purpose of the travel of the fiance is in compliance with the K-1 visa use, there isn't much the CBP can do about the K-1 visa other than to hunt on arrival on whether or not the relationship is legitimate.

Whether CBP should or not, CBP can make an issue of the fiance's B visa use by saying they have concerns about the purpose of the visit under the B visa when the fiance is in awaiting the issuance of a K-1 visa.

Voldoo

Thank you both for your replies. I called the CBP and filed a formal complaint and was issued a case number. I will await contact from the CBP at this point Additionally, I am thinking of filing a FOIA request for copies of any reports taken and video recording of the interview......not sure what the chances of success are there.

GUWonder, thank you for your detailed response. I think we will cancel her visit in December on the B-visa out of an abundance of caution.

Section 107

This. Having used the K-1 process for my wife, I can tell you from personal experience that when determining if someone is admissible, "intent" of the passenger is all important. If you have applied for a K-1 then your fiance has already expressed intent to immigrate to the US. A B1/B2 visa is for non-immigrant purposes. Therefore, an officer would be well within his/her discretion to deny entry on a B visa based on the traveler's stated intent to immigrate. That denial could then very well have a negative impact on the processing of the K-1. As stated in your response post - the decision to cancel the next visit is the smart choice. Your fiance should not at all attempt to enter the US until the K-1 is approved.

Pursuing your complaint "should" not impact your K-1 process - but should is a weak word when it comes to bureaucrats and their ability to impact processing with a quiet word to a colleague. You choice on how much want to pursue the complaint. In general, any video captured in the airport will not have audio and so may be of very limited value as it will only show an interaction. You would request the video from the Airport Operations/Security department; if you are intent on requesting the video you must do so before 30 days have passed (when they are no longer required to keep it).

garykung

Unlikely. Even you succeed, the report will be heavily redacted under FOIA exemption.

In term of the threat, I agree with others as well as it is a baseless threat. Immigration petitions are matter of State Department, as well as USCIS or maybe ICE, but definitely not CBP. CBP basically can't do anything until she present herself at a POE.

Beside - having an pending I-129F petition while visiting the U.S. is risky anyway.

It depends on your luck.

K-1: No impact. B: Minor impact (having a K-1 is a high risk per se).

Voldoo

Thank you Section 2017 and garykung for your very useful replies.

Carl Johnson

I think that's wise. The idea is that they might think she was going to come in on the B visa and just stay and file a change of status. Also, don't do unnecessary travel anywhere, because of the Coronavirus. I was going to suggest meeting in a third country and having a holiday together, but until the vaccine comes I think everyone should just stay home.

jim32190

Just catching up on your story now. Please keep us posted!!

garykung

Exactly. I-485/539 while on B1/B2? That's a big no on immigration.

BTW - it will not be a change of status but adjustment of status anyway (K-1 is a one-way visa).

shonerm

Hi there,

First time UK users of Global Entry yesterday, flying into SFO. I used the kiosk with no issues and got my slip, my wife got the 'X' on hers. As we both approached the Agent to show our slips, we were both asked for our passports and then told to join a (relatively short) secondary line because "we had to get stamped". Several other non-US passport holders who came through GE after us were also asked to join the line. My wife (with her 'X') was called forward to the booth first and appeared to have photo, fingerprints and brief questions before being processed on the computer in the normal way. Probably took 5 minutes. I was up next, had my photo taken but not finger prints and a couple of standard questions. Passport stamper and on my way, probably 3 minutes.

Is this normal? I thought, even as a non-US GE holder, as long as you didn't get an X on you print out that you just handed this to an agent and were able to exit?

c1223

Everytime I've used Global Entry (non-US citizen / UK citizen) since receiving it, I've had the big "X" on the printed ticket. I've flown into MCO, BWI and PHL. Having read some of the previous replies I imagine it could be a name thing...

I have two UK passports. On the TTP Dashboard my primary passport has my name as "Given Name: First Middle Middle" and Surname as "Surname", whereas my secondary passport has "Given Name: First", Middle Name: "Middle Middle" and Surname as "Surname". I also noticed, the issuance date of my primary passport was set as my birthdate (which I know isn't possible to do on the application because it complains if the expire date is more than 10 years after issue date). I've managed to fix the issuance date on the dashboard, but there isn't a way to change the names.

I assume that is the issue? I may try to enter on my secondary passport next time and see if that gives me the big cross.

All times they've only asked 1 or 2 questions (e.g. how long am I staying for) and I've been let on my way, so I'm not too worried.

Majuki

I don't know when you last visited, but I think all ports of entry with Global Entry kiosks have switched over to GE 2.0 where the kiosk compares your photo on file with one that the kiosk takes. You no longer present a passport.

In case you still see an X on the receipt, you can look for the Reference Code that will indicate the reason for the X. For instance, AP means there isn't a match between your presented information and manifest of an inbound flight. Some instances of GE 2.0, such as LAX, don't even print a receipt these days, so you'd have to ask the USCBP officer if you don't get the green check mark what the issue is. Since GE 2.0, I've not had issues.

For flights departing the US or domestic flights within the US, are you getting Precheck on your boarding passes? If so, it leads me to believe it might be a bad fingerprint read (at least historically). Before GE 2.0, I'd get an X for a bad fingerprint read with some regularity until a poster on here gave the advice to press my fingers against my forehead before scanning to get a better read.

YadiMolina

My wife and stepdaughter are both foreign nationals with GE. This same thing happened to one or both of them (I've forgotten, there may be a post of mine upthread here). The problem was some inconsistency in the data about names and birth dates. It took us 3 tries to get it fixed - stopped twice at GE enrollment locations at airports, each said they fixed the problem (they didn't). The problem was finally solved at the "interview on arrival" lane at IAH. The agent there smirked and said "aha" a few times, apparently fixed several issues, that cleared it up.

c1223

Yes I forgot that I hadn't actually scanned my passport. Also forgot that I'd been to LAX where I had to see the man with the tablet, rather than get the printout.

I'm always getting Precheck on my boarding passes, so that isn't an issue.

I don't remember being asked to scan my fingerprints at BWI on the way in last week... I'll speak to the officer next time and see if they can fix whatever it is.

GUWonder

For a while I kept getting X receipts one trip after another. Didn’t really care to look after the first time because then and later it mostly made no substantial difference for me from other times. Eventually they just stopped happening to me, without me pursuing the matter.