Am i taking too much advantage of VWP

[yourwelcome 0]

I don't know guys i mean, i really can't see that i'm here more than i am home, as i said since May 2011 i have had 3 one week trips all with 3 month gaps between, then after another almost 4 months i had my summer there which was the 84 day trip, so thats about 105 days out of a year and a half i've spent there, then this time it will be like 1 and a half months between the trip but this one will just be over a week long, and like i said it's a last minute kind of exception because i always intend to stay out 3 months before i return because of financial reasons and work etc. ( I do have plenty of money though but obviously i'm not trying to spend it constantly )

I REAALLLY want to go but everyone is advising me not to so, does that mean most of u think i'll be denied entry? Don't they normally give you some sort of warning that u need to stay out a while before coming back if they think your going to over use it? Because no-ones yet asked for proof of work or return ticket etc, just general questions ...

I know u guys are only guessing but i suppose im just looking for something a bit supportive of it because thats what i want to hear

[yourwelcome 0]

I actually just realised that i made a mistake, the gap between my first two visits was 7 months, then three months, then another three months, and now this time it will be one and a half months, for a 10 day visit..

[cathy2904 97]

I visited for around 60 days. I returned to the UK for around a month and then returned for another 60 day stay. I was taken into secondary and quizzed. I think that they were going to deny me entry because they could not find a return flight. When I was able to show them my return details they let me in but warned me that I would not be allowed in again under the VWP and would need to get a 'proper' visa. We decided to get married while I was there and we filed the I-130 just before my return to the UK. I did not try to visit again while that was being processed, although we did toy with the idea of getting a flight via Ireland as you can do the POE there and then if I was going to be denied entry I would know before the transatlantic flight.

[yourwelcome 0]

I visited for around 60 days. I returned to the UK for around a month and then returned for another 60 day stay. I was taken into secondary and quizzed. I think that they were going to deny me entry because they could not find a return flight. When I was able to show them my return details they let me in but warned me that I would not be allowed in again under the VWP and would need to get a 'proper' visa. We decided to get married while I was there and we filed the I-130 just before my return to the UK. I did not try to visit again while that was being processed, although we did toy with the idea of getting a flight via Ireland as you can do the POE there and then if I was going to be denied entry I would know before the transatlantic flight.

If you got married why didn't u just do the AOS there? Assuming it was spur of the moment anyway? I thought you could do that .. but anyway so were they the only two trips u did then?

[VanessaTony 3,567]

If you got married why didn't u just do the AOS there? Assuming it was spur of the moment anyway? I thought you could do that .. but anyway so were they the only two trips u did then?

Technically it's legal, but if you really have ties to your home country you can't just drop everything for 3 months while you wait for AP to let you back in if you leave. Most people have actual life things to close out, like ending their leases (or not wanting to break lease and end up being penalised) or because they're unable to work in the US for a while they want to work in their home country while the I-130 is processing to save as much money as possible before they move over. Money to help them ship their stuff, or buy the stuff they "need" to live here, or money to help them live while they look for a job (just because you CAN work doesn't mean you'll find a job right away). It's the most rational choice. None of us "like" being apart from our spouses or fiance's but as adults we realise this sometimes has to happen to make sure we give our new life together the best possible chance (money stress is a huge reason for relationships breaking down).

[yourwelcome 0]

Technically it's legal, but if you really have ties to your home country you can't just drop everything for 3 months while you wait for AP to let you back in if you leave. Most people have actual life things to close out, like ending their leases (or not wanting to break lease and end up being penalised) or because they're unable to work in the US for a while they want to work in their home country while the I-130 is processing to save as much money as possible before they move over. Money to help them ship their stuff, or buy the stuff they "need" to live here, or money to help them live while they look for a job (just because you CAN work doesn't mean you'll find a job right away). It's the most rational choice. None of us "like" being apart from our spouses or fiance's but as adults we realise this sometimes has to happen to make sure we give our new life together the best possible chance (money stress is a huge reason for relationships breaking down).

The thing is i'm 18 years old i'm not at the age to have 'proper' ties, all i can say is the truth - i'm currently working in my dads business to get work experience whilst im hunting down a full time job, and im going to start another college course, but i don't really class that as ties? but that's all i got --

My father might actually be coming on this trip with me now, hes a US citizen, do you think him being there will stop waving any red flags a little bit?

[VanessaTony 3,567]

The thing is i'm 18 years old i'm not at the age to have 'proper' ties, all i can say is the truth - i'm currently working in my dads business to get work experience whilst im hunting down a full time job, and im going to start another college course, but i don't really class that as ties? but that's all i got --

My father might actually be coming on this trip with me now, hes a US citizen, do you think him being there will stop waving any red flags a little bit?

God no! if you entered with your American father, as a visitor on the VWP, they WILL assume you have immigrant intent.

It sounds like you've given some thought to "suddenly changing your mind".

[yourwelcome 0]

God no! if you entered with your American father, as a visitor on the VWP, they WILL assume you have immigrant intent.

It sounds like you've given some thought to "suddenly changing your mind".

I think i'm just trying too hard ..

But what the hey i'm going to go and just wish for the best --and if i get denied well, it's an experience, an unfortunate one..but still an experience, and if it wont affect the k-1 i suppose all is not lost, he'll have to come to me until we are ready to make that step, whatever happens i just want to be with the person i love so being denied won't stop me being with him so, I don't have much to lose ..

Thankyou to everyone though advice was helpful, i guess i'll be back to let you know what happened .. D: ..

[VanessaTony 3,567]

I think i'm just trying too hard ..

But what the hey i'm going to go and just wish for the best --and if i get denied well, it's an experience, an unfortunate one..but still an experience, and if it wont affect the k-1 i suppose all is not lost, he'll have to come to me until we are ready to make that step, whatever happens i just want to be with the person i love so being denied won't stop me being with him so, I don't have much to lose ..

Thankyou to everyone though advice was helpful, i guess i'll be back to let you know what happened .. D: ..

I do wish you the best and I think you are over-thinking it. Don't go into it worried you'll be denied entry, it will alter your entire demeanor. Being denied would suck, but it won't mean you'll never see him again, you just can't use the VWP.

It will be okay no matter what happens

[yourwelcome 0]

Thankyou Btw, do you know wether the fact that my dad previously applied for an i130 for me would have any affect on a k-1 visa, or another i130 or whatever? We only did the first stage of it and it got approved but then we couldnt continue it..

[Penguin_ie 5,984]

Your dad's application won't affect one by your fiance/ spouse. I think you have a decent chance for the ten days, with a return ticket and maybe a pic of the new baby etc, but do be prepared for disappointment... you may want to fly via Dublin so if you are turned back, it is not so far.

[yourwelcome 0]

Your dad's application won't affect one by your fiance/ spouse. I think you have a decent chance for the ten days, with a return ticket and maybe a pic of the new baby etc, but do be prepared for disappointment... you may want to fly via Dublin so if you are turned back, it is not so far.

Perhaps i might delay my trip for a bit longer and head out at the end of november so i'm there for his birthday, and then i've been out 2 months exactly.. and how does that work then i saw people talking about doing that but why would it make a difference? Do they check you when u arrive at dublin and then not check you again in USA? or...

I'm not that fond of connecting flights though because i travel alone and i find that bad as it is

[Sunshine25 17]

I know it's such a gamble, i'm torn between taking the risk or playing it safe. But to be honest i always try and stay out the country 3 months before i return this trip was just out of the blue because my boyfriend's sisters had a lot of bad news about her baby and it's affecting him and i just want to be there for him ..

But you had so many long trips and they still allowed you? I only had 3 one week trips and then one 3 month one which was the most recent.. and when i go next it will have been about a month and a half since being there ...

I will have a job to go back to so i can show that but .. also im only just going to have turned 19 so surely they might think 'she's too young' which i am to be planning on leaving home yet, but i suppose it doesnt matter to them, just saying it may help though.

and RE the american passport thing, my dad tried to get me one through the i130 but because he's lived in the UK for so long and i was already 18 apparantly although the initial forms were approved, he couldnt continue with it because he realised he had to reside there and , he doesnt so. Yeah.

So do you think it's worth me taking the risk?

I wasn't denied entry the first time I was quized, because although I was visiting my boyfriend, I was still married (but going through divorce) I was able to show I wasn't planning on getting married and staying, as it wasn't possible. The second time I was quized I was able to show I had to be back in England for a custody hearing and I think as I was travelling with my 3 year old son the officer wasn't going to deny me entry and send me straight back. She did tell me to get some sort of visa before my next visit and she would be making a note on my file so if I did try to enter on the VWP again, the next officer would see I'd been warned.

It sounds like you really want to go, so you're going to do whatever you decide to do in the end, no matter how much advice we all give.

My personal opinion is that you should wait a little longer. I think they will probably give you a warning if they have a problem with your trips and not deny you entry. BUT thats my guess! and all we can do is guess!

Good Luck

[Penguin_ie 5,984]

and how does that work then i saw people talking about doing that but why would it make a difference? Do they check you when u arrive at dublin and then not check you again in USA?

Yes, you go through US immigration in Dublin. Tends to be less stressful because a) they are fairly easy going there, b) once you get through, you can relax and enjoy the flight and c) if you do get turned back, you don't have the possibility of staying in a detention center overnight and having to pay for your own expensive flight home, you just hop on a plane for a short flight back to your home country.

[cathy2904 97]

If you got married why didn't u just do the AOS there? Assuming it was spur of the moment anyway? I thought you could do that .. but anyway so were they the only two trips u did then?

Our marriage was a spur of the moment decision, but as Vanessa&Tony said, I had responsibilities in the UK that I couldn't just walk away from for an unknown number of months - including a house, car and two sons! I also hadn't brought the necessary documents with me - birth certificate, divorce decree. It might have looked suspicious if I had.

Edited October 17, 2012 by cathy2904