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Kel2411

Advice when visiting US on a ESTA

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Filed: Timeline

I am flying out to visit my Fiancee next Thursday, and im staying for the 90 days im allowed to with the ESTA visa thingy....I have read that i can get denied if i cant prove that i ties back home... I had to resign from my job, but have talked to my boss about returning to work after my visit, she was fine with taking me back aslong as there is a vacancy..So i cant ask for a letter stating i will be returning to work as it isnt guaranteed.

I currently live with my parents so i have no proof of paying rent etc.... I want to be fully prepared incase the worst case scenario happens.

I have booked a return ticket home, this seems to be the only proof i have...And i even had to change that as i counted the days wrong and would be staying over the 90 days, i have proof of this ticket change, is there any advice anybody could give me to settle my nerves a little??

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Filed: Citizen (apr) Country: England
Timeline

If the BCP officer thinks you have the intention of staying in the US they have the power to deny you entry. ESTA means nothing you are traveling on the visa waiver scheme and all that does is allows you to knock on the door and ask to come in.

For practical purposes you will probably have no problems, but the 90 days is not the normal length of stay and you should be prepared to be questioned about your intentions. IF asked explain it as you have here.

Edited by Lansbury

What to expect at the POE - WIKI entry

IR-1 Timeline IR-1 details in my timeline

N-400 Timeline

2009-08-21 Applied for US Citizenship

2009-08-28 NOA

2009-09-22 Biometrics appointment

2009-12-01 Interview - Approved

2009-12-02 Oath ceremony - now a US Citizen

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I did exactly the same thing as you, quit my job & went ot US for 90 days. I entered through Chicago & I had no problems with the immigration officer, although I did get raised eyebrows on the amount of luggage I had. I took 2 large case, 1 small carry on case & a large shoulder bag! Try to take less luggage so it doesn't look like your making the big move!

I wasn't asked for any proof of connections back in UK, just who I was visiting & how long for. Then she said enjoy your stay & that was it.

Good Luck :thumbs:

K1

5/16/08:Received NA01

2/24/09: NA02 APPROVAL... finally, after 9 MONTHS & 8 DAYS!!

5/5/09 : Interview Date APPROVED!!!!

5/8/09: visa received

From NA01 to interview: 12 LONG MONTHS!!

07/23/09: received SSN

08/17/09: Passed Driving test

08/22/09: Married on beautiful Mackinac Island, MI

AOS

08/31/09: Mailed AOS Package

10/20/09: Received AP

10/21/09 Received EAD card

12/7/09 AOS APPROVED!

12/14/09: Green Card arrived in mail. Happy Days!

It's taken 18 months from applying for K1 to receipt of Green Card! Thank God it's over until 12/7/11

Here we go again...

ROC

09/14/11: Mailed I-751 to Vermont

09/19/11: NA01

10/14/11: Biometrics

7/2/12: Approved. New Card Ordered

7/7/12: Green Card received

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Nik also successfully visited for 87 or so days after he was laid off (so no job) We hadn't even HEARD of proof of ties. Your return ticket will help alot. Don't be evasive or nervous (they are looking for that!) You're on Holiday and you are about to walk through the doors and see your honey!

If you guys are already in the process, bring along a copy of your NOA1. When Nik had a shorter trip, this was the "clincher" part of his evidence.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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Nik also successfully visited for 87 or so days after he was laid off (so no job) We hadn't even HEARD of proof of ties.

Yep, me too. 88 days visit while unemployed (2 day 'safety margin' in case of cancelled flights, etc). I was allowed in but only after I was put over the coals a little bit in secondary. Here's the 'clincher' for me, I had all my vital documents (birth certificate, letters, etc) with me. This might seem like a bad idea but I mentioned that we would be using it as evidence to support an I-129F and was able to demonstrate that I knew the correct procedure and that I was going to follow it. The IO seemed to appreciate that I'd researched the requirements and intended to follow them.

The thing is though, the CBP agent at passport control was all ready to stamp me in on an 87 day trip when he flicked through my passport to look at my emergency contacts page. I had written my fiancée's details there, which seemed to underline the fact to him that we intended to marry at some point. That was it, he became cold with me (he was quite pleasant until that point) and asked no more questions but sent me straight to secondary... So if you can avoid putting an American's details on the contacts page, try to do so - it's clearly a red flag sign of a 'significant' relationship to some CBP agents.

Edited by JeremyR

Adjustment of Status from K-1 (Very abridged version)

05/20/08 - POE: Chicago O'Hare

07/18/08 - Married

08/30/08 - I-485/I-765 mailed...

03/17/09 - Card production ordered (no notification received!)

03/26/09 - Green card received (196 days)

Removal of Conditions

02/15/11 - I-751 mailed to VSC...

02/22/11 - NOA1 (received 03/03/11)

04/04/11 - Biometrics appt (notice received 03/19/11)

08/22/11 - * * * t u m b l e w e e d s * * * (T+6 months and counting)

09/20/11 - Service Request #1

10/26/11 - Service Request #2

11/29/11 - Interview @ Atlanta Field Office - Approved & I-551 stamped

12/07/11 - Card production ordered

12/10/11 - Green card received (293 days)

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  • 1 month later...
Hey guys...and gals lol. I got into America no probs... no officers asked me any questions....just took my prints and photo and i was on my way...thanks for your replies and advice :)

Good news! Have fun.

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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I hadn't worked for 5 years when I came to visit my fiance. I had to return home for the reading of my mother's will and came straight back to DC again. The CBP asked me why I was returning again so suddenly and how long I planned to stay and that was it. No questions on ties, no questions on work, nada.

On each occasion they reminded me that I was not to get married and attempt to stay, because I told them I was visiting my fiance. Even that didn't raise any eyebrows. Of course, I have numerous US stamps in my passport already and have had no overstays and always made sure the I-94 got handed in when I left.

Which reminds me, if you do visit the US make sure they take the green I-94 out of your passport when you leave. Many airlines no longer do this as standard practice, so if you travel with an airline that doesn't, talk to the information desk near the gate. It's VERY important that you hand that back in, as it creates your departure record. Of course, the airline can verify you left, but they'd have to be asked for it, rather than the returned I-94 being rock solid evidence. Major POEs have machines that you can fingerprint check out of as an alternative, but these tend to be the major entry points on both coasts. :)

ROC

AR11 filed: 02/05/11

I-751 filed at Vermont Service Center: 02/07/11

NOA: 02/14/11

Biometrics appt: 03/21/11

RoC Interview: Not required

RoC Approved: 08/04/2011

10 yr Green card received: 08/10/2011

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