Slightly Confuzzled

[JadedKiwi 8]

My current UK to USA visit timeline looks a little like this:

First visit : Oct 12th 2009 - Nov 9th 2009

Second visit : May 10th 2010 - Aug 5th 2010

Third visit : Nov 10th 2010 - Feb 7th 2011

On my third visit I was sent to the office to be dealt with by a man who clearly enjoyed tormenting people, he made me pull out photos of my fiance and I, mocked me not having a job (my fiance supports me as it's our choice, I live with my parents as renting is simply dead money and it's easier to pay a little board in between visits). Then he called my fiance to ask if what I said was true and what his jobs were, and eventually backed down when he was told that we'd be intending on applying for a fiance visa upon my departure of that visit.

Now I am back in the UK, we have sent in our I-192F and received our NoA1 now we are just waiting on NoA2, we have seen the Texas processing times are currently 5months. So, we have booked return flight (round trip) for April 28th until July 26th (of which can be changed and amended as soon as required for me to return to the UK in time for them to contact me for medical and interview).

As of tomorrow I am putting in for my ACPO check and getting my vaccination history together.

My fiance will be forwarding me a pdf to print of the NoA1 and a copy of his finances to use as proof if I am sent to the office again at PoE. What else could I take as proof of my return to the UK, we don't want any hangups and we will be doing everything by the book meaning I'll definitely be returning to the UK.

How can I make sure I am allowed entry or have a strong enough case to present to, hopefully not the same, officer in Atlanta?

Any and all help is greatly appreciated

Edited March 24, 2011 by EternityFae

[Moomin 292]

Unfortunately, I can't remember where but the user "Just Bob" once typed something about a sworn statement of no immigration intent. I hope somebody else would know more about that for your sake.

[jkminney 30]

My current UK to USA visit timeline looks a little like this:

First visit : Oct 12th 2009 - Nov 9th 2009

Second visit : May 10th 2010 - Aug 5th 2010

Third visit : Nov 10th 2010 - Feb 7th 2011

On my third visit I was sent to the office to be dealt with by a man who clearly enjoyed tormenting people, he made me pull out photos of my fiance and I, mocked me not having a job (my fiance supports me as it's our choice, I live with my parents as renting is simply dead money and it's easier to pay a little board in between visits). Then he called my fiance to ask if what I said was true and what his jobs were, and eventually backed down when he was told that we'd be intending on applying for a fiance visa upon my departure of that visit.

Now I am back in the UK, we have sent in our I-192F and received our NoA1 now we are just waiting on NoA2, we have seen the Texas processing times are currently 5months. So, we have booked return flight (round trip) for April 28th until July 26th (of which can be changed and amended as soon as required for me to return to the UK in time for them to contact me for medical and interview).

As of tomorrow I am putting in for my ACPO check and getting my vaccination history together.

My fiance will be forwarding me a pdf to print of the NoA1 and a copy of his finances to use as proof if I am sent to the office again at PoE. What else could I take as proof of my return to the UK, we don't want any hangups and we will be doing everything by the book meaning I'll definitely be returning to the UK.

How can I make sure I am allowed entry or have a strong enough case to present to, hopefully not the same, officer in Atlanta?

Any and all help is greatly appreciated

My husband has always been in the same position as you. He lives at home and thanks to the economy hasn't been able to find work in a VERY long time. We have always chose to have him fly through Dublin...the pre-clearance is fantastic. The reason I say this is because god for bid they deny you entry you haven't spent 8 hours on a plane only to have to turn around and get on another one back home. I've read other peoples takes on going through Dublin...thanksfully my husband has never had any issues with going through there. He was asked to wait one time and that was only because we had a K1 visa and obviously it's in his passport now that we didn't use. The officer simply asked why he was coming, why he didn't use the K1 and advised he was not to stay, which was ok because he never planned on staying. He has been to the US several times, all but 1 visit as been for 6 weeks up to 3 months. He brought a letter from his parents saying the date he was planning to return, had a return ticket, and that was it he was never asked to see any other information. When we had applied for the K1 he did bring a copy of that with him as well but like I said it was never asked for. Nobody can guarantee you are going to get through but I tend to take the "just in case" approach and say fly through Dublin just in case you are denied entry. If you've stayed out of the country longer than you've been in, you haven't stayed more than 180 days in a 12 month period, and have always left withing your 90 days the VWP allows then I would say it shouldnt be an issue but be prepared for someone who may be having a bad day.

[iampatricias 17]

Though it doesn't carry much weight on its own, you could get your mother to write a "To whom it concerns" letter declaring that your trip is short-term, you live with her and will return home to complete the visa process. Do you have any even minor family obligations this summer? Important birthdays, anniversaries, or weddings that you could mention?

[JadedKiwi 8]

Thank you for your replies.

A thought that occurred to my fiance is to see if I can preemptively book an appointment at the Medical facility and gain proof that I will be returning for it to also compile in my 'just in case' folder.

I will get a letter from my mother stating I live with my family, would it help if I had a letter from a potential employer offering me a job upon my return?

[JoannaV 174]

I think that what you have is fine. You cannot book the medical until you have received your case number (after NOA2) so, although a good idea, that is not an option.

I think really you don't so much risk a denial as you risk being interrogated in secondary like you were last time. So definitely something you should be prepared for, but I think they should let you through eventually. (Hopefully not so mean this time!)

I don't know what your plans are as far as your wedding, but, for example, you could make an appointment with a wedding dress shop in England for after your return. And maybe something showing your possible plans for your eventual American wedding. You already have evidence of having devoted time and money to the fiance visa, so I guess I'm thinking of any extra evidence that would show you intend to return to the UK as an unmarried woman and then marry in America in Fall/Winter time.

[wendie and sam 4]

All of the suggestions above sound like good ones. I would also suggest after this trip to take a "break" from coming to the US for a little while. My fiance was almost denied entry at one point because he was in a similar situation to you (not working, living at home, coming on visa waivers every few months) and they strongly suggested to him that he needed to stay in the UK for longer than his most recent trip to prove he was still a UK residing citizen. So he came for exactly 3 months, then stayed in the UK for 4.5 months, then came back and had no problems with entry.

I think at this point with your timeline for application it would be a good idea to try something like this and by the time you stay in the UK for your medical, etc. you'll be ready to enter on your K1 visa.

Also, last time he went through 'extra screening' and was almost denied entry he happened to have some of my info on him and they took copies of that (which I'm sure is now in his electronic file) and they even looked through his camera and made him describe every photo in the camera, on top of going through every piece of luggage and pocket. So be prepared if you do go through this 'extra screening' they will look through everything, don't pack anything that might give them the idea you are slowly moving to the US with every trip. He did have a return ticket booked and evidence of engagements in the UK that required his attendance after the trip...but they still harassed him.

On the up side, after he stayed for 4.5 months...they never bothered him on any of his return trips and he's been here many times since.

Edited March 24, 2011 by wendie and sam

[TracyTN 237]

The VWP wasn't really designed for what you're doing, so it's really up to the officer at the POE to determine whether or not you're misusing it. If they think you are, all the documents in the world won't really help you.

I think the idea of routing through Dublin (and hence pre-clearance) is a good idea. If you do happen to be turned away, you wouldn't have far to go to return home.

Also you calling the CBP inspection 'the office' was very confusing to me at first. I had no idea what you were talking about! LOL

[Nich-Nick 3,354]

If you count the days in the US from your May 2010 to your July 2011, you are spending 60% of your time in the US. That's the problem CBP may have with you. You don't look like a tourist, but somebody trying to live in the US on VWP. You even mentioned paying a little board to you parents between visits like UK is your temp residence. So no matter if you are filing papers to immigrate, they can always think you've abused the system long enough and send you home until you get a proper visa. You don't have strong ties to the UK---job, property, investments, responsibilities. A note from Mommy or a bride shop is hardly strong if you think about it. Your best bet is to hope you're lucky, or charming enough to talk your way in. It could go either way.

[Penny Lane 8,159]

Now I am back in the UK, we have sent in our I-192F and received our NoA1 now we are just waiting on NoA2, we have seen the Texas processing times are currently 5months. So, we have booked return flight (round trip) for April 28th until July 26th (of which can be changed and amended as soon as required for me to return to the UK in time for them to contact me for medical and interview).

Texas isn't processing your petition. That's where you sent it, but it's since been forwarded to either Vermont (over a 6 month wait) or California (over a 5 month wait). Check your NOA1 to see which one is adjudicating your petition.

[JadedKiwi 8]

First of all I'd like to thank everyone for the help and advice, you've all definitely pleasantly surprised me with how helpful people can be.

Nich, on the other hand, as I'm sure you get a lot, your attempt at a condescending tone is neither cute nor effective. If you'd stop to read instead of jumping the gun to flamebait with words with supposed negative, condescending connotations like "Mommy," you'd see it was for a medical exam, not a "bride shop." So before you offer your obviously flawed and unmerited supercilious response, try to comprehend a little more.

You also chose to conveniently overlook the offer for employment, as it couldn't further your attempt at demeaning a stranger only asking for polite input. In short, if your advice was accurate, yet your attitude bad, it might have been permissible. The former was obviously not true, based on your deliberate avoidance of important aspects, but the latter obviously is. Thank you anyways, but your "help" is neither wanted nor needed.

As for the rest of you, again, sorry for my brief sidetrack, but thanks everyone for the responses!

[TracyTN 237]

The fact still remains that you will have spent 60% of your time in the US (in the timeframe stated), and that could be hard for you to overcome - job offer or no. It may not harm you in the slightest, depending on the CBP officer you encounter.

I guess you wanted us to give you a fool proof way to enter (via documentation), and I'm sorry - that's just not possible. Not unless you can remove the human factor (CBP officer) from the equation.

[gretchen_darren 67]

1) texas COULD be servicing the petition. There is a texas service center.

2) have a round trip ticket. This always help show you are not planning on staying long. It shows no intent of staying. This is the strongest evidence.

3) THE VWP recognizes you come from a country on the same standard of living as America. It believes you have as good a life there as here. that your family ties as so strong there and standard of living is the same why would you bother coming here.

4) try to make your POE as close to your fiance as possible. The closer you make it the less hassle can be given. Also, have your connecting flight information ready to show the customs agent.

5) now that you have been questioned in Atlanta try to make that your POE as much as possible. The officers there know you know. Avoiding that POE may look suspicious to another location unless you can find a more direct route to your finacee city.

Best of luck....I wish I could have my fiance come visit... but sadly that cannot happen....

[Nich-Nick 3,354]

Nich, on the other hand, as I'm sure you get a lot, your attempt at a condescending tone is neither cute nor effective.

I wasn't commenting with the intent of putting you down. It was an opinion of your post plus what other's had suggested. Iampatricias suggested a note from your parent. Joanna suggested a bride shop appointment. I'm not putting them down either. Joanna always had good answers. I only wanted to say I don't think those are very strong evidence given you were already questioned before. Your risk is because of your length of stays and no amount of evidence might convince the one guy who will make the decision. Your planned evidence might work and it might not. You may not even be asked a thing. You might be able to talk your way through it. I certainly would try. I would even cry and plead. It's just a toss up.

[iampatricias 17]

In my defense, her mother is also her landlord...