Vsiting my girlfriend in the US for 5 weeks.

[MartinTWD 0]

I am from Ireland and will be visiting my US girlfriend next month, and I'll be staying in the US for 5 weeks. We've been dating for 3 years now, and we finally decided to close the gap and file for a K1-Visa. She got some bad news (health) and we decided to put it on hold until everything is okay.

 

I've made several trips and this will be the longest I've ever stayed. On my last trip back in March, I was taken into the interview room for the first time, where the officer questioned me for a good 30 minutes. I was let through, after answering all their questions. anyone who's experienced something similar, were you taken into the interview room and questioned again on your next visit? I'm just worried since this will be the longest I've stayed, it might cause a concern. on every other trip, I've come back home and when I was talking to the officer, he noticed that and was pleased to see I didn't stay for longer than expected. 

 

Even though we put the K1-Visa on hold, we have talked about getting married while I'm there. would this cause any problems? if I'm questioned again and tell the officer about us possibly getting married on this trip, what are the chances of me being denied entry? 

[KULtoATL 1,551]

Telling them you might get married on this trip will probably get your entry denied immediately. 

[Crazy Cat 39,183]

7 minutes ago, MartinTWD said:

would this cause any problems? if I'm questioned again and tell the officer about us possibly getting married on this trip, what are the chances of me being denied entry? 

It is visa fraud to attempt to enter the US via a non immigrant visa to marry and remain.  You can enter, get married then return to your country while you wait for CR-1 processing.  You must always be completely honest when speaking to immigration authorities.  There is a high risk you will be denied entry unless you can prove very strong ties back to your country.

[Coco8 1,039]

How many and how long were your trips before you get interviewed for 30 minutes? How long did you stay in March?

 

People who have said that they were getting married at POE had strong proof that they were going back to their country and filing a spousal visa. Without strong evidence of that they will send you packing. 

[MartinTWD 0]

I'm sorry, I should have worded it better. if we decide to get married, I will of course be returning home and we can start the CR-1 process. I will return home regardless. as for strong ties back home, I don't have a job at the moment. I'm on disability due to having really bad knees.  other than that, what other proof would I need? the only proof I was asked on my last visit was the return flight home.

 

11 minutes ago, Coco8 said:

How many and how long were your trips before you get interviewed for 30 minutes? How long did you stay in March?

3 visits, this will be the 4th. on my first visit I stayed 9 days, second I stayed 11 days and my last one I stayed 14 days.

Edited July 21, 2017 by MartinTWD

[Crazy Cat 39,183]

1 minute ago, MartinTWD said:

I'm sorry, I should have worded it better. if we decide to get married, I will of course be returning home and we can start the CR-1 process. I will return home regardless. as for strong ties back home, I don't have a job at the moment. I'm on disability due to having really bad knees.  other than that, what other proof would I need? the only proof I was asked on my last visit was the return flight home.

 

3 visits, this will be the 4th. on my first visit I stayed 9 days, second I stayed 11 days and my last one I stayed 14 days.

No job does not help your case. Anyone can book a return flight, then cancel it after arriving.  Rental agreement, continuing obligations in your country, other evidence to demonstrate your desire and your requirement to return to Ireland.....

[Coco8 1,039]

24 minutes ago, MartinTWD said:

3 visits, this will be the 4th. on my first visit I stayed 9 days, second I stayed 11 days and my last one I stayed 14 days.

 

You were not traveling too often nor staying a long time. I don't know why you got an interview the third time. 

 

Since you've been out of the US for 5 months between trips, you should be alright, at least comparing your case to other people on VWP. However, be careful about  what you say at POE because you don't have strong ties to Ireland if you are on disability. Maybe a K-1 would be best for you, or you girlfriend could visit you in Ireland and you can get married there. 

 

 

 

[MartinTWD 0]

6 minutes ago, Coco8 said:

 

You were not traveling too often nor staying a long time. I don't know why you got an interview the third time. 

 

Since you've been out of the US for 5 months between trips, you should be alright, at least comparing your case to other people on VWP. However, be careful about  what you say at POE because you don't have strong ties to Ireland if you are on disability. Maybe a K-1 would be best for you, or you girlfriend could visit you in Ireland and you can get married there. 

 

 

 

Getting married while I'm there was just us looking at our options, it wasn't something that was set in stone.

 

we will definitely stick with the K1-Visa, thank you. I was just worried with this being my longest trip, would I be brought in for questioning again.

[acidrain 325]

1 hour ago, MartinTWD said:

Getting married while I'm there was just us looking at our options, it wasn't something that was set in stone.

 

we will definitely stick with the K1-Visa, thank you. I was just worried with this being my longest trip, would I be brought in for questioning again.

It depends on whether your name has been flagged for future secondary inspection. I tried to enter the US with a U-haul worth of belongings last Jan. I was denied under section 212 7a (intent to immigrate). I watch the show Border Security a lot and if an agent feels you are possible immigration threat in the future your file is flagged. My name is flagged and when I print out my boarding pass the airline agent will tell me my pass is marked SSSS (meaning special screening). I was told I am flagged until my immigration status has been resolved. It's difficult to say whether you are in the same predicament.

 

If you are unemployed it will be difficult to prove you are going back home. It is not to say it is impossible but from what I know it's the number one tie they look at. I try to put myself in their shoes and ask what would they look for? They want a list of reasons why you are coming back. They want a story that fits. I put together a binder like others suggested and was able to cross for 12 days after a lengthy inspection. My inspection took longer than yours and had such bad stomach pain for days I had to see a doctor. The agent went through my binder and checked everything like: lease agreement, utility payments, school enrollment for myself and son, a serious dental appointment my son had to come back for, medical appointments, vacation plans with my friends back home, daycare confirmation and a declaration signed by our lawyer stating I would not adjust status.

 

This is just my opinion but 5 weeks might be ambitious. Typically a vacation lasting one or two weeks doesn't raise any flags. But one would question your ties if you can leave for 5 weeks.

 

I'm not sure if your luck would be so great if you said you are entering to get married. With no job and getting married they may be afraid you are going to stay and adjust status.

 

There is always a chance you might get a really nice border agent that does not care.

Edited July 21, 2017 by acidrain

[MartinTWD 0]

1 hour ago, acidrain said:

It depends on whether your name has been flagged for future secondary inspection. I tried to enter the US with a U-haul worth of belongings last Jan. I was denied under section 212 7a (intent to immigrate). I watch the show Border Security a lot and if an agent feels you are possible immigration threat in the future your file is flagged. My name is flagged and when I print out my boarding pass the airline agent will tell me my pass is marked SSSS (meaning special screening). I was told I am flagged until my immigration status has been resolved. It's difficult to say whether you are in the same predicament.

Wouldn't they have told me my file was being flagged on my last visit? I also never gave them any reason to think I was intending to immigrate. I answered all their questions honestly, the officer looked at my travel record and saw I've made several visits and returned home every time. when asked if I intended to marry my SO, I told him we were planning on filing for the K1-Visa. he went through my phone, called my SO, searched my luggage and sent me on my way.

 

1 hour ago, acidrain said:

If you are unemployed it will be difficult to prove you are going back home. It is not to say it is impossible but from what I know it's the number one tie they look at. I try to put myself in their shoes and ask what would they look for? They want a list of reasons why you are coming back. They want a story that fits. I put together a binder like others suggested and was able to cross for 12 days after a lengthy inspection. My inspection took longer than yours and had such bad stomach pain for days I had to see a doctor. The agent went through my binder and checked everything like: lease agreement, utility payments, school enrollment for myself and son, a serious dental appointment my son had to come back for, medical appointments, vacation plans with my friends back home, daycare confirmation and a declaration signed by our lawyer stating I would not adjust status.

I was unemployed on my last visit, which was March. I've been on disability for over a year. attending doctors, hospitals etc. when asked if I had a job, I said no. he didn't question me any further about it. the only proof he asked for was the return flight home, which was enough for him. but I'm sure every officer you come across is different.

 

1 hour ago, acidrain said:

This is just my opinion but 5 weeks might be ambitious. Typically a vacation lasting one or two weeks doesn't raise any flags. But one would question your ties if you can leave for 5 weeks.

I was originally going to stay for 2 weeks, like my last visit. but when she got the bad news, I wanted to stay for as long as I could. but aren't people allowed to stay 90 days on an ESTA, as long as they return home? I obviously plan on returning home, like my previous visits.

Edited July 21, 2017 by MartinTWD

[acidrain 325]

16 minutes ago, MartinTWD said:

Wouldn't they have told me my file was being flagged on my last visit? I also never gave them any reason to think I was intending to immigrate. I answered all their questions honestly, the officer looked at my travel record and saw I've made several visits and returned home every time. when asked if I intended to marry my SO, I told him we were planning on filing for the K1-Visa. he went through my phone, called my SO, searched my luggage and sent me on my way.

 

I was unemployed on my last visit, which was March. I've been on disability for over a year. attending doctors, hospitals etc. when asked if I had a job, I said no. he didn't question me any further as to why I didn't have a job. the only proof he asked for was the return flight home, which was enough for him. but I'm sure every officer you come across is different.

 

I was originally going to stay for 2 weeks, like my last visit. but when she got the bad news, I wanted to stay for as long as I could. 

I was never told my file was going to be flagged but I wasn't surprised to find out it was. When you are pulled into secondary and questioned there is going to be a record of whatever transpired during that interrogation. It's up to the officer that talked to you whether he or she feels it is necessary for you to "check in" with secondary each time you travel. When you cross the border next it will show at the very least you were told to go to secondary the last time you traveled. Perhaps you will have convinced the officer you are no problem in the future. I can only give you my opinion. From judging people's experiences the minute customs knows you are in a relationship with a USC, the border tends to get a little paranoid.

 

It really depends on who you get. You can go through the same border and have no issues than come across someone who thinks everyone is trying to sneak in. It's always advisable to have proof of ties and reasons you will go home. The more visits you make the more scrutiny you will face. I was told the more time you spend in the US the more you are looked at is living there. I try to treat my trips just like I am a tourist. I tend to be extremely cautious because I want to be successful crossing. My spouse and I have talked to border agents at Vancouver Int'l, Seattle Int'l, Las Vegas Int'l and land crossings to get a feel of the protocol. Everyone says the same thing. It all comes down to whether the person believes you are being truthful and whether they believe you will go home when you say you will.

Edited July 21, 2017 by acidrain

[JFH 12,189]

No one is guaranteed to be let into the country except USCs. The rest must ask politely for permission (by way of a visa or ESTA approval) and hope for the best. 

 

I entered over 40 times on the VWP before I moved here last year. Only once was I questioned extensively. I was always truthful and mentioned I was coming to visit my boyfriend/husband, even on the trip where we got married. However I always had a job to go back to. 

 

Thats your biggest concern, you have no job to go back to and they are going to be concerned that you will overstay, possibly even work here illegally. 

 

Will you you be clearing CBP at Dublin airport? That way if you are refused at least you don't have far to go back home again. 

Edited July 22, 2017 by JFH

[MartinTWD 0]

I was unemployed on my last visit, which was March. I've been on disability for over a year. when asked if I had a job, I said no. I wasn't questioned any further about it and I was let through. any reason why would it be any different this time? or is it because 5 weeks is a it longer than usual?

 

and yes, I will be clearing CBP at Dublin airport. 

Edited July 22, 2017 by MartinTWD

[JoannaV 173]

As far as the 5 weeks goes, I would not consider that alone to be a big red flag. To me it seems the amount of time someone would travel for if they wanted to get their money's worth, you know? Even people with full-time year-round jobs might sometimes take a 5 week trip.

 

Ultimately, it is what it is. Try not to worry over it more than necessary. It seems like your past experiences have been overall positive (despite the trip to secondary) so that is a small indicator that your general personality does not cause most immigration officers to dislike you without cause.

 

I made multiple trips to the US in one year. The time I entered for three months the IO warned me that I might experience greater scrutiny on future trips. However, when I next returned (having been exceedingly cautious and stayed in the UK for an entire five weeks lol) I was let in with no trouble. (It's likely that I would have experienced more trouble on that last trip if we had not already been in the visa process, because it was a rather large proportion of time that I was spending in the US.)

[MartinTWD 0]

I was originally going to stay for 2 weeks. but after my SO got the bad news, I decided I would stay a bit longer than I normally would.

 

all my past experiences have been great. on my last visit, I didn't clear CBP at Dublin airport. I flew Dublin > Amsterdam > Detroit. I'm not sure if that had anything to do with me being called in for secondary. whenever I clear CPB in Dublin, I've had no problem. but you're right, it is what it is. all I can do is wait and see what happens, be honest like I've always been and hope I'm let through without any problems.

Edited July 22, 2017 by MartinTWD