Tourism Visa Question

[Brother Hesekiel 2,235]

Getting a B2 as a member of a VWP country isn't easy. Most often it is granted as a B1/B2 combo to people who are doing business stuff as I did it, way back when.

Still, even the VW allows for 3 months' stay, and toward the end of three months you may have a better idea on where this relationship is going.

Adjusting status from VW participant to resident is legal, as long as no intent to do so existed before entering the country. I'm sure many here on VJ will advise against it, but in general it would work just fine.

[Rebecca Jo 1,962]

Alright, this has given me some great info. Thanks everyone. I think few answers got a bit off topic and assumed a little extra... but its all good.

To be clear again, im not looking at a way to "get around" the system. Simply a way to spend as much time together as possible so both sides can be sure about doing all this.

@Boiler - My holiday time is tighter than hers. Her's is quite a bit more flexible.

@R&V - Thank you for this first hand account. That is pretty much what we'd like to do. So it seems spending at least 3 months at a time together is possible. When you were in the "special questioning" area, were you totally upfront about the purpose of your trip?

@coraliesolms - As stated in my original post, there will be no getting married while she's here visiting me. She does not have a car. But she has a pretty good job, a bank account and rents a flat with a friend.

@Familyguy - Thank you for that information.

@MrTee12 - Thank you for that link!

@Minyas Wife - Thank you for the very thorough response. That is all excellent info to know. We're just starting this process and the amount of stuff to know is overwhelming. Which is why im asking lots of questions now... rather than just gambling and going for it. lol

Just some food for thought.

International relationships have that plus of being able to choose where you want to live.

I have no idea what family obligations are for either of you; who has the career with the most promise; if there are health issues for either of you; where you would like to raise children, etc.

Life in the UK can be fabulous.

Consider both options.

[DukeOfYork 28]

@JohnnyQuest: I can appreciate your desire to be together for 6 months uninterrupted. However, most of us who have gone through or are going through the K-1 process all have had to spend time away from our fiance(e)s. The I-129F application asks if your fiance is currently in the US and if so, when the required date of departure is on her I-94.

If she just comes in on the VWP, chances are she will get right in with no trouble at all. Just be sure she doesn't overstay her time and goes back within 90 days. You can always start the process while she's here, but as others have said, she has things she will have to do back home. You can prepare for your I129F packet before she gets here by having her get certified copies of her birth certificate [it has to be the long form with both parents' name on it], divorce decree(s) if applicable, etc.

Read the wiki for a step-by-step guide on how to fill out the I-129F.

http://www.visajourney.com/content/k1guide

[DittoDen 0]

Just some food for thought.

International relationships have that plus of being able to choose where you want to live.

I have no idea what family obligations are for either of you; who has the career with the most promise; if there are health issues for either of you; where you would like to raise children, etc.

Life in the UK can be fabulous.

Consider both options.

Very true, that is an option. And one we discussed a lot in the beginning. In the end it really makes more sense for her to come here. Basically i have the advanced career, she has more of an easy to find type job. She rents a flat. I own a home. Not to mention in order for us to get a similar fiance visa in the UK, she would have to show proof she could financially support us both. Which there's no way she could do. lol On the other hand, I can here in the America. But, i would LOVE to live in England. And hope to get the chance, one day. But thats another topic. haha

Well unless anyone has anymore input on this issue, I think ive got a good picture on what needs to be done. I think we'll just keep doing our best to have multiple shorter visits. While she's not technically my fiance at this point, I plan on changing that during her next visit to see me. And as soon as that happens you'll all see a lot more of me on here, getting that timeline setup and all. Im sure i'll have many more questions too!

Thanks for everyone's input!

[coraliesolms 47]

I hope we have all helped you figure at least a little bit of you future out My comment about marriage was a just a warning though, Im not accusing you of anything... We just all want you to know all the facts before you go on this "journey". Good luck, and I hope all goes well!!!!

Just so you know though, if for whatever reason they dont give her a tourist visa.. the K-1 (once approved) gives you 90days to get married. In that 90 days she can come and stay with you and you guys can use that to figure out where your future is headed. This is just advice for if they dont want to give her a B1/B2.

Edited March 29, 2010 by coraliesolms

[R&V 8]

Hey, good luck with the proposal!

I find that this whole process (Long-distance dating; visa process etc) has definitely made our relationship stronger and a bit more "reflective" (for lack of a better word). We talked a lot, emailed a lot, etc. The time together on the VWP-stay definitely helped, too.

All the best!

[DittoDen 0]

I hope we have all helped you figure at least a little bit of you future out My comment about marriage was a just a warning though, Im not accusing you of anything... We just all want you to know all the facts before you go on this "journey". Good luck, and I hope all goes well!!!!

Yes, everyone has helped. Thank you! I can tell this community will be of great value.

[Amy and Michael 21]

A recent topic with a UK Citizen (Scottish) where they applied for a B2 Visa because they felt the VWP wouldn't allow for a long enough visit. Just thought you might enjoy read as it may help your understanding...

http://www.visajourney.com/forums/topic/246867-girlfriend-denied-b2-affects-vwp/

[DittoDen 0]

A recent topic with a UK Citizen (Scottish) where they applied for a B2 Visa because they felt the VWP wouldn't allow for a long enough visit. Just thought you might enjoy read as it may help your understanding...

http://www.visajourney.com/forums/topic/246867-girlfriend-denied-b2-affects-vwp/

Thanks! Definitely an interesting read. After reading all thats been said in this thread and the link Amy And Michael just posted, I am left with this question. Is it EVER ok when asked "who are you here to visit?" to answer with "my girlfriend/boyfriend/fiance"? Or should people just say 'i am visiting a friend'? It almost sounds like if they hear any sign of a relationship, they slam the door closed. This makes me worry.

[Amy and Michael 21]

Thanks! Definitely an interesting read. After reading all thats been said in this thread and the link Amy And Michael just posted, I am left with this question. Is it EVER ok when asked "who are you here to visit?" to answer with "my girlfriend/boyfriend/fiance"? Or should people just say 'i am visiting a friend'? It almost sounds like if they hear any sign of a relationship, they slam the door closed. This makes me worry.

Of the 7 trips we've made back & forth (I went to visit him 4 times: landing in Heathrow twice, Bristol once, and Cardiff once; and he visited me 3 times arriving in Chicago all 3 times), the only time we experienced "issues" was my very first trip there to meet him. Every time I have basically said "I'm here for a vacation and to visit my fiance/boyfriend" or "I'm here on vacation to visit my boyfriend and attend his nephew's wedding". The very first time I tried to enter, I entered in Cardiff, Wales and we both were extensivly questioned as to our intentions, financial questions, ties to the U.S. I stated that time that I was there to meet a friend and have a vacation. The questioning caught me totally off guard, as I had no knowledge of any of this stuff, and it only ended when a serious "tie" to the U.S. came up - my upcoming PAID FOR trip to Disney World. The officer questioned me, then found him and questioned him, and then questioned me more. I was seriously shaken up for it. The next three times I have carried proof of ties to the U.S., but never needed them and breezed through security each time.

Upon arriving to the U.S., he was never asked more than 3 questions, usually the "Why are you here" "How long" and "When was your last visit and how long was it for".

I have travelled with my passport many times before originally visiting him, but never to meet someone, and never travelling alone. I think they are just highly watching for "red flags" that people have intention or a reasonable chance of immigrating without the proper visa/paperwork/authorization. Of my entire flight, I was the only one who was not a UK citizen or a family travelling together. The realization that they can deny your entry and send you back without any right to an appeal really scared me, so now I always fly prepared - with a few copies of bills, mortgage docs, letter from my employer stating when I'm expected to return and the amount of vacation I have left (which the border agent asked upon my first trip over, and I was thinking "really - who would ever carry that with them"), etc.

My fiance never had these documents on him, but never needed them either. That's a good thing, because he didn't have many bills or rental agreements in his name as he lives with family.

Good luck!

[DittoDen 0]

Wow. So i guess the lesson of the story is; say whatever you want, just be able to prove you're going to return home when you say you are.(?) Thanks for this first hand account!

[Sunny4567 0]

My present husband who is Canadian was coming to the US (before we were married) to stay for the holidays.

Thanksgiving, Christmas and New Year's. He told them the truth. He was held up for 4 hours while they first

misplaced his passport and then questioned him intensely. He just about got refused to be let in as he

A) Didn't own any property in Canada B) Is a Comic Book Artist (not a "real" job to be tied to they said).

They said that he did not have enough "ties" to Canada to admit him to the US for a longer visit and

said they were only reluctantly letting him in this time because they had misplaced his passport and held him up for

quite a while. They explained that having a fiance or sweetheart in the US was more reason not to let him

in as that he was more likely to "overstay". If he had purchased a return ticket that was a much shorter length

of time I do not believe he would have had a problem. In fact they as much said the length of time was not

OK. The searched his luggage too.

So, I would strongly advise for your girlfriend to just say she is coming in to visit a friend for two weeks,

buy a return ticket for 2 weeks and then change it when she arrives.

As the other VJ person wrote I would also strongly advise her to travel with bank statements, leases, job info..

Absolutely anything that shows strong ties to the UK.

In my experience the less the border agents know the better, but also DO NOT put yourself in a position to lie to them,

just give them the least amount of info. You are her friend and she is visiting you. If she has a ticket for two

weeks than the is also the truth. They don't make you promise no to change the return date.

Good luck!

Also I would advise you to see a lawyer before you decide to marry if you do so. It can save you a lot of

stress and frustration if you do things in the right order from the get go.

Also keep all documentation of relationship. Tickets from visits, emails and phone bills. You will need them.

Thanks for the prompt reply. Yes, thats my real biggest concern, just getting in! I mean even if our motives are to play by the rules, I worry about them turning her back. Im hoping someone else here has experienced someone coming to stay for the 6 months and had success with it. I like to hope that by telling customs up front what we're trying to do and showing proof of her life at home, they'll let her through. Thank you again. Anyone else have input?

[DittoDen 0]

Thank you Sunny4567. That is the type of entry experience im trying to avoid her having to go through. Ok so, have good proof, round trip ticket for a reasonably short stay and give as little info as possible.

Im a bit conflicted on the part about getting a lawyer. Ive heard they can be expensive and if you closely follows the guides from this website it can be done cheaper and with less stress than waiting on the lawyer to keep you up on things.

Well i'll look into that a bit further down the road. I dont want to take this thread too far off topic. My main concern was working within the rules of the Tourist visa/VWP to spend time and visit each other for now. Ive learned a lot already.

[familyguy 2]

Thank you Sunny4567. That is the type of entry experience im trying to avoid her having to go through. Ok so, have good proof, round trip ticket for a reasonably short stay and give as little info as possible.

Im a bit conflicted on the part about getting a lawyer. Ive heard they can be expensive and if you closely follows the guides from this website it can be done cheaper and with less stress than waiting on the lawyer to keep you up on things.

Well i'll look into that a bit further down the road. I dont want to take this thread too far off topic. My main concern was working within the rules of the Tourist visa/VWP to spend time and visit each other for now. Ive learned a lot already.

A lwayer is in most cases not necessary if you can follow simple instructions and have an eye for detail. If there is anything out of the ordinary then it is advisable to at least get a consultation.

The answer to your original question is really there is no answer. We all have different experiences and whilst there are guidelines that are meant to be followed the truth is sometimes they are and sometimes they are not. As with all things pertaining to US immigration/visiting it is all pretty much of a lottery and down to how pi$$ed off a particular officer at the POE is on that particular day.

Not perhaps a particularily helpful answer to you but from someone who first visited the USA way back in 1988 and has had experience of multiple entries it is alas the reality of life.

As an aside it may be worth her while considering gatewaying in Ireland where she will clear Immigration and customs before boarding the flight. At least if she is ever denied entry she wont have to endure an atlantic crossing.

Good luck on your journey. I wish you both well.

Edited March 29, 2010 by familyguy

[DittoDen 0]

Good luck on your journey. I wish you both well.

Thank you for this insight, FamilyGuy.