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Filed: Citizen (pnd) Country: France
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Posted
How does one do this? I mean how do you prove no attemp to stay illegally? This is done by leaving the USA on or before the expiration of the I-94 on any visit. The problem any CBP officer will have is that if you are using the VWP to psuedo reside in the US with only short trips outside.

You 'prove' this by showing ties to your home country:

  • Letter from Employer (stating you are employed there and expected back)
  • Home/Apt lease/mortgage
  • Etc.

Yeah, but to the CBP officer at the time of your entry... Not to a USCIS officer who in turn writes some sort of letter.... this letter can become stale almost immediately as all those things can be terminated post haste..........

And you know what ? What is the risk ? I will go and he/she will say "we are sorry but we can't do what you ask". So I will go...

Of course... nothing ventured nothing gained.... I would not have my hopes set to high but ...........

I always have hopes, it is my way to live... And the law officer was full of hopes also

I don't know if you read my messages higher in this topic. What informations have the officer on his computer ? Everything ?

zyggy would know.....

Zyggy I need you here ! Pleeasssssse... :)

If he could reply to me it could be awesome. My appointment at the immigration is on sept 30th morning

Filed: Citizen (pnd) Country: England
Timeline
Posted

The problem you are faced with is that by staying in the US for long periods of time with short trips back to france is that you give the appearance of living in the US. And, if you think about it, you technically are.

I find it highly dubious that any USCIS agent would issue a letter on your behalf, certifying that you don't have immigrant intent, since you do, based on the fact that an I-129f petition has been filed on your behalf.

My husband and I ran into a similar problem in 2007 and opted to spend the time apart rather than risk his being rejected upon arrival. Which, if you chance it again might happen. The good news is that if you are rejected at the POE that it will have no bearing on your getting a K1 visa.

Filed: Citizen (pnd) Country: France
Timeline
Posted
The problem you are faced with is that by staying in the US for long periods of time with short trips back to france is that you give the appearance of living in the US. And, if you think about it, you technically are.

I find it highly dubious that any USCIS agent would issue a letter on your behalf, certifying that you don't have immigrant intent, since you do, based on the fact that an I-129f petition has been filed on your behalf.

My husband and I ran into a similar problem in 2007 and opted to spend the time apart rather than risk his being rejected upon arrival. Which, if you chance it again might happen. The good news is that if you are rejected at the POE that it will have no bearing on your getting a K1 visa.

Of course I have immigrant intent, but I don't have "illagally" immigrant intent. They have rules "you can stay in the US during 90 days, by then you will have to comeback to your country". They never mention how long we have to stay in our country and how many times we can go back and forth.

And for me to apply for the visa K1 is a proof that you have a good reason to come to the US (how can you want to get married if you don't need to be with your fiancé ?) and it's a good proof that you will have to go back to your country for your medical stuff and interview at the ambassy.

 
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