Jump to content

13 posts in this topic

Recommended Posts

Posted

:unsure: I know you've probably all thought and thought and thought about how the hell to make this process faster for your situation, as I am doing now...

We've gone over EVERY stinkin' possibility we can think of and have wracked our brains to the hilt, trying to figure out a way to be together even just one day sooner... as we sit here waiting for this damn NOA2.

So, here's my question plain and simple. Is it realistic for us (me=USC, he=UK) to think about having him fly over and spend the summer months with me here in Florida... provided he won't work while here? So, I'd have him come over on the ole' tourist visa just like always (we do many week long visits but these are absolute torture when he leaves) and just let him stay the 90 days? He can financially not work and live comfortably with me (I have a very good paycheck too so money is not the thing) but I worry that it may look suspicious.

I know, he'll have to fly back to London a few times for his medical, interview, etc. (I'll probably go too, just for fun) so this is not a problem either. I just don't want anyone looking at us like we're trying to pull one over on customs.

If we still have no visa at the end of 90 days, I have no problem with him flying home again and waiting another couple months or so.... it's just that we're SO SICK of waiting!!!!! I think it's the 'not knowing' part that is killing us.

I'd almost rather have them send me a letter that says, "Your visa has been denied. Piss off."

Then at LEAST WE"D KNOW!!!!! :wacko:

Thanks for your input.

4/03/05..... Met on Clearwater Beach at the Hostel, Love at First Sight! :)

5/23/05..... Sean leaves me to continue his trip around the world :(

7/06/05..... Sean comes back bcoz we miss each other tooo much :)))

8/23/05..... Sean goes home for good this time :(

9/23/05..... Talking every day, deciding that we can't live apart

10/28/05..... Sara proposes! :)

3/11//06..... Filed I-129 with Texas after much hunting and gathering of evidence :)

3/18/06...... NOA1

6/23/06...... RFE sent from Cal. Center (IMBRA STUFF)

6/23/06...... Sean arrives in Tampa! Staying till September! :) :) :)

7/03/06.......RFE arrives at my house :(

7/06/06...... RFE sent back to California. Now, NOA2 PLEASE! :)

7/13/06..... Touched :)

7/17/06..... Received email stating 'RFE' info rec'd. Should have answer soon. Yeah, right. :(

7/18/06..... TOUCHED AGAIN - JUST SEND MY DAMN NOA2 PUH-LEEEZE!

8/22/06..... After much discussion and tears and anguish, we end our relationship

8/23/06..... NOA2... Great timing, Feds. Kiss my a$$.

*New Chapter*

9/30/06..... Packet 3 arrives at Sean's parents in London

10/02/06... Sends paperwork back with necessary contents

10/17/06... Notice for further evidence arrives in mail

10/19/06... Evidence gathered, returned to embassy

10/25/05... Notice for medical appointment

11/06/06... Medical Appointment

12/05/06... Notice arrives, interview date 12/21/06

Posted

Frankly, I'd do exactly the same thing if we could afford it. Just make sure he brings plenty of ties to home, other than the obvious (having to attend a visa interview). You might get lucky and get an uninquisitive officer at the POE, but in the event you do, just be sure he can prove that he is returning home.

Maybe him catching a flight through Dublin would help. Then he could clear immigration there and if he DID get turned back, wouldn't be such a long haul home. Of course, he'd have to still clear customs at the actual US POE, but at least the immigration stuff would be done.

SA4userbar.jpg
Posted

Ah... never thought of that... Good call! I'll run that by him and see what he says. :yes:

So, here's what I was wondering. Maybe it will look better if he gets a 'return' ticket for one week later, just like we always do, but then, just didn't go back on that day...

Then buy another one way when it's time to fly for medical, intvw, etc. Do they get weird if he's not on the plane home the first time? I'm sure people do this a lot, but didn't want to raise any red flags.

Then, sometimes I think, with all of the HUNDREDS OF THOUSANDS OF PEOPLE that come in and out on a weekly basis, is it even FEASIBLE to think they would have time to check on little ole' us? Makes me think maybe I'm totally paranoid, you know? But,,, nevertheless... if we do anything to screw this up, whether intentional or not.. .I will just jump off a bridge! :blink:

The Dublin idea is a good one tho. :thumbs:

4/03/05..... Met on Clearwater Beach at the Hostel, Love at First Sight! :)

5/23/05..... Sean leaves me to continue his trip around the world :(

7/06/05..... Sean comes back bcoz we miss each other tooo much :)))

8/23/05..... Sean goes home for good this time :(

9/23/05..... Talking every day, deciding that we can't live apart

10/28/05..... Sara proposes! :)

3/11//06..... Filed I-129 with Texas after much hunting and gathering of evidence :)

3/18/06...... NOA1

6/23/06...... RFE sent from Cal. Center (IMBRA STUFF)

6/23/06...... Sean arrives in Tampa! Staying till September! :) :) :)

7/03/06.......RFE arrives at my house :(

7/06/06...... RFE sent back to California. Now, NOA2 PLEASE! :)

7/13/06..... Touched :)

7/17/06..... Received email stating 'RFE' info rec'd. Should have answer soon. Yeah, right. :(

7/18/06..... TOUCHED AGAIN - JUST SEND MY DAMN NOA2 PUH-LEEEZE!

8/22/06..... After much discussion and tears and anguish, we end our relationship

8/23/06..... NOA2... Great timing, Feds. Kiss my a$$.

*New Chapter*

9/30/06..... Packet 3 arrives at Sean's parents in London

10/02/06... Sends paperwork back with necessary contents

10/17/06... Notice for further evidence arrives in mail

10/19/06... Evidence gathered, returned to embassy

10/25/05... Notice for medical appointment

11/06/06... Medical Appointment

12/05/06... Notice arrives, interview date 12/21/06

Filed: Citizen (apr) Country: England
Timeline
Posted

As long as he can prove he's going home at some point before his 90 days are up (return ticket, letting agreement/mortgage, bank statements, letter from work) then there should be no issue. It's if he has few ties to his home country-particularly with such a long stay, and if he's a frequent visitor-that the officer at the POE may suspect immigrant intent and do some extra questioning.

My husband waited out the entire process in the US with me, but it was nerve wracking every time he had to go through the POE.

Filed: Timeline
Posted (edited)

digbeezgrl,

He can visit, he cannot take up residence. If at some point his visiting begins to look like he's taken up residence then CBP will put a stop to the visits. Until then, he can visit.

Yodrak

:unsure: I know you've probably all thought and thought and thought about how the hell to make this process faster for your situation, as I am doing now...

We've gone over EVERY stinkin' possibility we can think of and have wracked our brains to the hilt, trying to figure out a way to be together even just one day sooner... as we sit here waiting for this damn NOA2.

So, here's my question plain and simple. Is it realistic for us (me=USC, he=UK) to think about having him fly over and spend the summer months with me here in Florida... provided he won't work while here? So, I'd have him come over on the ole' tourist visa just like always (we do many week long visits but these are absolute torture when he leaves) and just let him stay the 90 days? He can financially not work and live comfortably with me (I have a very good paycheck too so money is not the thing) but I worry that it may look suspicious.

I know, he'll have to fly back to London a few times for his medical, interview, etc. (I'll probably go too, just for fun) so this is not a problem either. I just don't want anyone looking at us like we're trying to pull one over on customs.

If we still have no visa at the end of 90 days, I have no problem with him flying home again and waiting another couple months or so.... it's just that we're SO SICK of waiting!!!!! I think it's the 'not knowing' part that is killing us.

I'd almost rather have them send me a letter that says, "Your visa has been denied. Piss off."

Then at LEAST WE"D KNOW!!!!! :wacko:

Thanks for your input.

Gwen,

This is not true. There is another significant issue and that issue is that B2 visas and the VWP are to be used for visiting, not for taking up residence with an occassional trip back 'home'.

Making the distinction is rather subjective and is at the discretion of the CBP immigration agents. Some people, like your husband apparently, manage to spend a lot of their time in the USA and only a little in their home country. Others find themselves being turned around and sent back after their second 90 or 180 day visit with only a week or so between visits. (And they wonder why, because they always left 'on time'.)

Yodrak

As long as he can prove he's going home at some point before his 90 days are up (return ticket, letting agreement/mortgage, bank statements, letter from work) then there should be no issue. ....
Edited by Yodrak
Posted

Yes, this is what I suspected.

He's travelled every year (they work for six months, save every penny, then do these Virgin Holidays and go around the world and stay at hostels for the next six) So I guess we'll just have to prove somehow that he's going back...

Thank you every bodeeeeeeeeeeeee :D Screw this long distance stuff! Enough!

4/03/05..... Met on Clearwater Beach at the Hostel, Love at First Sight! :)

5/23/05..... Sean leaves me to continue his trip around the world :(

7/06/05..... Sean comes back bcoz we miss each other tooo much :)))

8/23/05..... Sean goes home for good this time :(

9/23/05..... Talking every day, deciding that we can't live apart

10/28/05..... Sara proposes! :)

3/11//06..... Filed I-129 with Texas after much hunting and gathering of evidence :)

3/18/06...... NOA1

6/23/06...... RFE sent from Cal. Center (IMBRA STUFF)

6/23/06...... Sean arrives in Tampa! Staying till September! :) :) :)

7/03/06.......RFE arrives at my house :(

7/06/06...... RFE sent back to California. Now, NOA2 PLEASE! :)

7/13/06..... Touched :)

7/17/06..... Received email stating 'RFE' info rec'd. Should have answer soon. Yeah, right. :(

7/18/06..... TOUCHED AGAIN - JUST SEND MY DAMN NOA2 PUH-LEEEZE!

8/22/06..... After much discussion and tears and anguish, we end our relationship

8/23/06..... NOA2... Great timing, Feds. Kiss my a$$.

*New Chapter*

9/30/06..... Packet 3 arrives at Sean's parents in London

10/02/06... Sends paperwork back with necessary contents

10/17/06... Notice for further evidence arrives in mail

10/19/06... Evidence gathered, returned to embassy

10/25/05... Notice for medical appointment

11/06/06... Medical Appointment

12/05/06... Notice arrives, interview date 12/21/06

Filed: K-1 Visa Country: England
Timeline
Posted

Next week I'm going to stay with my love for 90 days. I've got a return ticket & a letter from university saying that I'll be going back after the summer. Hopefully this will be enough. This will be the 4th time I've been since xmas & each time they've taken me away for questionning & eventually let me go. They know me now & when I go through customs all my info comes up on their computers, saying that I'm engaged & waiting for K1 visa etc.

I would recommend that if your man gets a non-direct flight he makes sure the stop over is in Europe & not in the US (unfortunately, this is usually more pricey). Once I flew to Houston via Detriot & in Detroit they made me miss my connecting flight because of the security checks & I was stuck in there over night wishing I had flown directly to Houston. Also, flying straight there makes you feel safer because, maybe I'm being silly but I think that they're less likely to send you home if you're already at your final destination.

I reckon he'll be ok if he's well prepared. Be completely honest & be prepared to get a call from a DHS officer, this is just to verify he is telling the truth (this happened to us). Also, make sure you are already at the airport when he arrives just incase an officer wants to speak to you. You never know.

So, there you go. I don't mean to freak you out but I just want to let you know my experience. I'm sure everything will be fine. Have your proof of return ready (they don't even ask to see it sometimes, but just in case), return ticket, be prepared for questions & it'll be cool.

Good luck :thumbs:

02-04-2006 sent the last bit of information to attorney for I129f

02-11-2006 attorney sent I129f to TSC (package was then forwarded to CSC at some point)

02-16-2006 receipt date according to I797

02-21-2006 receipt date according to USCIS website

02-22-2006 notice date

05-31-2006 travelled to the US for 90 days

05-31-2006 touched

06-20-2006 called USCIS to update Charlie's (petitioner) address

06-20-2006 touched

06-21-2006 touched

08-09-2006 recieved packet 3. Do not know when we were approved as we were not told.

08-14-2006 touched

10-13-2006 sent packet 3 to embassy. Requested interview for February (at the earliest) as I need to finish

uni before I leave the UK

02-12-2007 interview date. But have to change the interview date again due to unforseen circumstances not

allowing me to travel to the States until September 2007. Boo hoo

04-10-2007 interview date! Yippee!!

04-17-2007 Passport arrived with visa! Sooooooo happy!!!!!!!!

Filed: K-1 Visa Country: Canada
Timeline
Posted

SO i have a question on this topic. My boyfriend is here visiting me right now, and will have been here for 6 months in September. When he came across the border from Canada he just told them hes coming to visit and they let him through, he has no paper work or anything.

Can he stay longer than the 6 months? Hes planning on going back up in August after the baby is born but since hes been given no paper work or anything and hes already here..he still has an address in canada and everything would it hurt us if he stayed until all the paper work is processed? Can they somehow find out hes been here that long?

We were married in Washington in August, we submitted our I-485, I130, I765, and I131 in Sept of 06 to the Chicago Lock Box, and got our Green card in January 07!!! Found this was much faster and easier than going through the K1 process.

Posted

Man you guys are so lucky to even THINK about doing this. I dont suppose any of you had any problems at the border before? I have and that's why I'm scared to death to go over even for a short visit. I had a 12 month border block on me and so I'm in the computer system and we've filed for our k-1 so ....I'm just sitting here waiting. I dont know whether to risk a visit or not. I wish I could be with my sweetie while we wait but I think its better if I don't. Good luck to those of you who do decide to go on a tourist visa for awhile.

Lifting of Conditions

*Sent form 05/15 to CA Service Center

*NOA1 Received 5/19

*RFE Received 06/2009

*Biometrics 07/2009

*RFE sent to CSC 09/2009

*Notification of RFE acceptance 10/2009

*Interview Date: December 4th!

*January 9th: Received 10 year Green Card in the mail :)

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

I don't see any problem with him coming over for the summer. I believe he can stay here for 6 months on his passport (no he can't work).

If he leaves the country and comes back, the time will start over.

My husband and I did the same thing. I lived in England last summer (I'm a teacher) so we could be together for a longer period of time. It was great to have that time together and for me to be able to live over there.

Good luck!

I would say if you can do it financially, then go for it!

Sweet Defiance-Your fiance has to leave the country by 6 months. He cannot over extend his visit. If they find out, he will be forced to leave and that could jeopardize the process.

I don't know if it's different coming over to the US (than it is going to England), but I never had any trouble coming back and forth. They asked how long I'd be staying, and I told them 3 months. They asked why and I explained that we are engaged and I have the summers off due to being a teacher. No more questions were asked.

I think your fiance can just explain that he has a few months off work and is coming to spend time with you.

Posted (edited)
I don't see any problem with him coming over for the summer. I believe he can stay here for 6 months on his passport (no he can't work).

If he leaves the country and comes back, the time will start over.

My husband and I did the same thing. I lived in England last summer (I'm a teacher) so we could be together for a longer period of time. It was great to have that time together and for me to be able to live over there.

Good luck!

I would say if you can do it financially, then go for it!

Sweet Defiance-Your fiance has to leave the country by 6 months. He cannot over extend his visit. If they find out, he will be forced to leave and that could jeopardize the process.

I don't know if it's different coming over to the US (than it is going to England), but I never had any trouble coming back and forth. They asked how long I'd be staying, and I told them 3 months. They asked why and I explained that we are engaged and I have the summers off due to being a teacher. No more questions were asked.

I think your fiance can just explain that he has a few months off work and is coming to spend time with you.

I'm afraid the OP is right - the UK>USA VWP is only good for 90 days, of course the USC can visit the UK for 120 days if they want to ... needless to say it's not fair, but that's just the way it is. Plus it's important to note that one can't spend more than 6 months out of any 12 in the US unless one wants potential problems with appearancing to be resident.

I would suggest you think about booking for a shorter visit and then changing the ticket once the fiancee's got into the US. I did that quite a few times actually - being self employed I could stay for longer than the average. I did get some grief from the POE staff the last time, but I still got in OK.

Just a new angle to consider...

All the best,

Sheila

Edited by Tex'n'Brit

All the best,

Sheila

(AKA Brit)

=======================================

Jun 01-2005: I-129F is at TSC

Sep 21-2005: K-1 Visa!

Oct 16-2005: Moved To DFW!

Oct 23-2005:
Wedding!

Mar 09-2006:
Green Card!

Mar 07-2008: I-751 (Lifting conditions) sent

Apr 17-2008: Biometrics Appt

Posted (edited)

" ... appearancing to be resident ..." appearancing?? Oh well, I guess you probably got the gist anyway!

All the best,

Sheila

Edited by Tex'n'Brit

All the best,

Sheila

(AKA Brit)

=======================================

Jun 01-2005: I-129F is at TSC

Sep 21-2005: K-1 Visa!

Oct 16-2005: Moved To DFW!

Oct 23-2005:
Wedding!

Mar 09-2006:
Green Card!

Mar 07-2008: I-751 (Lifting conditions) sent

Apr 17-2008: Biometrics Appt

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

It sounds like him visiting for the summer is definatly a viable option.

I went through the same thing, except my fiance from England got put back on the plane :(

So let me tell you what happened to us, and hopefully you can get some sort of advice out of it!

He stayed with me for 90 days in the US. He doesn't have a job, but had the funds to cover his trip.

He left without violating the VWP.

He tried to enter again a month later, with the intent of staying with me for another month.

The problem was, neither of us really had a good idea of what the procedures were for the whole thing, and he failed to provide documents to support his binding ties to England, and his financial situation. He was questioned for 4 hours about his visit. They even came into the lobby at international arrivals and asked me questions too.

I guess our answers to their questions weren't enough to overcome the assumption that he was trying to immigrate. They let him stay the night with me (this was on the good grace of the officers that questioned him) and I had to have him back to the airport the next day). They told him he wasn't allowed to enter the U.S. unless he had a visa.

So, here we are, waiting for our NOA2 (NOA1 date is March 13th. That's another rant!) Funny, once you make it through such a devestating thing as being turned away at the border, you realize how strong your love really is. This made us decide to speed up the marriage plans.

My advice, congruent with what everyone else has said, is to be totally honest about his intentions while being here. He must show binding ties to England, and an intend to return home. Use all of your resources.

Your situation sounds totally legit, and if you a prepared for any questions they may ask, I think you will be ok.

If you want to talk more about this, feel free to PM me! Even if you need some support, have more questions, or need someone to talk to!

Good luck to you and your fiance with the whole visa process!

March 9, 2006- Sent NOA1

March 13, 2006- Received NOA1 from NSC

March 23, 2006- Touched

June 1, 2006- Petition sent from NSC to CSC

June 2, 2006- Touched

June 3, 2006- Touched

June 14, 2006- Notice from CSC that petition was received

June 15, 2006- Touched

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...