Worried about entry to US on Visa Waiver Program

[jen_and_nate 0]

Hello,

I have several questions and concerns but am unsure about which forum to post in, so hopefully this one will work. Next year I am planning to emigrate from the US to the UK to marry my boyfriend Nathan. Before I apply to emigrate, he wants to come visit me again in the US (on the Visa Waiver Program) to meet my family since he hasn’t done that on his previous trips. However, we are a bit worried that he will be denied entry because of things the CBP officer said to him on his last trip.

He has visited me twice before on the Visa Waiver Program. He visited once in January for one week and came back again in February and stayed for 3.5 weeks, but he was hassled quite a bit on his second trip. Part of the reason the officer didn’t like the situation was because Nathan had just visited the US three weeks prior. The officer said that he should wait at least 3 to 4 months before trying to come back again; it has now been 7 months since he last visited. Also, Nathan lives with his parents and works for them in their family business, but the CBP officer said that the job with his parents didn’t count as a proper job and since he doesn’t own a house or have a lease that he has very few ties to the UK.

Because of this officer hassling him so much last time, do you think he will be able to get in even though he still works for his parents and lives at home? Will this show sufficient ties to the UK? Would it be beneficial for him to tell the officer that I am planning to emigrate to the UK and get married there? Would that help show ties to the UK? However, I have not started the emigration process so we do not have evidence of that. Does the length of his stay have an impact on if he will get in or not? We were thinking he would come for about 3 weeks, but we would like to make it longer if we think he would get in. If he is denied entry on this visit, will that affect him applying for a K3 visa or direct consular filing in case we want to move to the US in the future? Would there be a certain number of years before he could even visit the US again if he is denied?

We really appreciate any help with this. Nathan is wanting to come visit in November or December, so we are wanting to know if this visit will be possible. Thanks for any help!

Jen

Edited October 30, 2006 by jen_and_nate

[mmb 0]

If he was advised not to visit again for 3 or 4 months and has left it for 7 then it shouldn't be such a problem.

Do remember even with a visa the immigration officer ar the POE has the final say over whether to admit anyone.

Dublin is a POE for the USA so if you are worried he could get a flight that connects via Dublin, that way if he is refused home is not so far away.

[dallasguy7 0]

It seems to me that you have the opinion of one officer during the last visa.

If it were me I would just go ahead and try to get the visa.

The fact that he has visited before and returned twice is in his favor.

Does he receive a paycheck from his family business? If so, he has a legitimate job. Especially if his paycheck has the company name on it.

In my opinion he should only tell them he has a job and produce proof of it. If they ask further about it then he can elaborate on it.

A lot of people have problems in many things because they volunteer more information than necessary. People are friendly and we want to be helpful, which sometimes gets us in trouble.

Just my humble opinion.