Entry on VWP

[Valtsu 0]

I would like to get some advice regarding my situation here. I was in the US for 13 months on a J-1 visa and returned back home a little over a month ago. I met my girlfriend there and we are going to apply for a K-1 visa for me, but haven't yet filed the I-129F as I only just this week sent her my paperwork what she'll need. I'm going to visit her next month for 11 days on the Visa Waiver Program.

However I have a couple of questions regarding my trip and the possible questions at the POE. I am currently unemployed as I haven't landed a job yet since my return and am staying with my mom until I find a job and will move to wherever I will find that job. I'm a little concerned about my proof of ties and how to prove them if needed by the officer. What do you guys think, am I worrying too much? I have never used the VWP before, but have been to the US on another J-1 from March 2010 to April 2011 before my most recent J-1.

I have decent savings plus a credit card, so I could definitely prove myself being able to finance my trip and I only intend to stay for under 2 weeks. That is because I really don't want to slow down my possible employment. However this is my chance to go see my girlfriend since I'm not expecting to get time off soon after getting employed.

Any thoughts about my situation would be appreciated. Also if you think I worry too much about this, let me know! I would just hate to not see my girlfriend since the next time would be on her vacation time at the end of summer and I'd just hate to have that financial hit from being turned away. I'm a Finnish citizen.

[canadian_wife 1,831]

As someone who has been denied entry in the past, it is a scary and humiliating experience.

You have little ties to your home after spending a long time in the US and you have a US girlfriend. Yes, I would expect extra scrutiny at the POE.

Have a letter from your mother perhaps? with an expected return date? Bring a bank statement maybe? Your return ticket? And anything else you can figure that will help you cross easily

good luck

[Valtsu 0]

Thanks for the honest reply. I try to keep myself prepared without freaking myself out, but I frequently lean towards full anxiety over the thought of this. But I really want to see her and not to be afraid of this. For the record, I have never been given hard time at the POE (Dallas and Seattle), but they were all with visas. This time will be LAX.

As far as the proof goes, I'll try my hardest to get a job during this month. And then harass my future employer to get a written statement of hiring me and the day I'm expected to begin along with the compensation. I also have a student loan here, maybe I can get a copy of that statement to bring with me. I also own 25% of the house and property where I live at the moment with my mom. My brother's getting married at the end of summer and I'm asked to be the best man, so maybe I can bother him to have it written down and signed for me, that they expect me to attend it and organize the whole party. Bank statements for sure with adequate amount of cash. Would a letter from my mom stating when she expects me back help me too? I also have insurance for myself as well as home insurance for my possessions in this address. The insurance also includes traveling insurance for 3 months at a time. I could also bring my phone bills.

Let's see. Time to get resourceful. But nothing will quarantee anything as mostly it's all about how the officer feels about me and my case.

[Boiler 47,687]

You have no ties, nothing you mentioned requires you to return.

Trying to manufacture something is suspicious to say the least.

Your minus is the time you have spent in the US, having said that you are unlikely to be questioned,

A return ticket is a requirement btw. Or proof of onward travel.

[Valtsu 0]

You have no ties, nothing you mentioned requires you to return.

Trying to manufacture something is suspicious to say the least.

Your minus is the time you have spent in the US, having said that you are unlikely to be questioned,

A return ticket is a requirement btw. Or proof of onward travel.

Forgot to mention that I have a return ticket already purchased as well.

Hmm... Damn. This sucks.

[Boiler 47,687]

You could have stayed, married and adjusted, you obtained two J Visa's, also non immigrant, you have a positive record.

[PhillyDM 2]

I had slight bit similar situation before.

After 10 months stay in US with F-1 visa,I had to enter US with VWP.I had no job as well.

And it was a few months before I had to apply for new F-1 visa.

Anyways,I was a little bit nervous when I entered US with VWP.

As long as you have no intention to overstay with VWP, you should just be confident no matter how your job situation is.

Just prepare your itinerary of your trip(that could persuade immigration officer that you have no intention to overstay) and return ticket receipt(You should ask airline to print it).

Just answer the question they ask.You don't need to give them too much information about your future plan as long as they don't ask. They just care about your present entry. Even immigration lawyers often say "Not giving information about what they didn't ask IS NOT LYING."

You gonna be fine.Just be confident!!

Edited April 13, 2014 by PhillyDM

[Valtsu 0]

You could have stayed, married and adjusted, you obtained two J Visa's, also non immigrant, you have a positive record.

True. Back then I was far less informed about this whole thing. However I still had a 2 year home residency requirement to be fulfilled from my first visa, until sometime next month. For my second visa I wasn't issued that requirement. I figured it was the best way to do the K-1 to get no visa fraud, or however you want to call it, getting married on a J-1 and with no hassle trying to obtain the waiver. Not sure if that little hassle would've made a lot of difference, because with the K-1 there will be plenty of paperwork and everything too.

I had slight bit similar situation before.

After 10 months stay in US with F-1 visa,I had to enter US with VWP.I had no job as well.

And it was a few months before I had to apply for new F-1 visa.

Anyways,I was a little bit nervous when I entered US with VWP.

As long as you have no intention to overstay with VWP, you should just be confident no matter how your job situation is.

Just prepare your itinerary of your trip(that could persuade immigration officer that you have no intention to overstay) and return ticket receipt(You should ask airline to print it).

Just answer the question they ask.You don't need to give them too much information about your future plan as long as they don't ask. They just care about your present entry. Even immigration lawyers often say "Not giving information about what they didn't ask IS NOT LYING."

You gonna be fine.Just be confident!!

Thanks for posting that! It's so hard to try to predict how the officer will react, so all I can really do is to be confident with my answers and intentions, which are legit.

I suppose the best I can do as far as the proof goes is that return ticket, funds and itinerary. I guess trying too hard to manufacture something might not look good on me. Had I never discovered this forum, I'd probably just walk in with nothing else, but my passport and a return ticket, ready to give a broad answer about who I'm going to meet and the purpose of this trip. Not sure if being a dumb tourist would actually work in my favor, but there's no turning back anymore.

[marriott574 13]

Dear OP

I had a similar situation, I meet my GF on a J1 visa and visited her 10 times under the VWP. Many times I was a student or unemployed and while my K1 was in processing, I never had an issue. I got stopped and questioned one time as I was coming for 70 days and was unemployed/just left my job in the UK. Just make sure you have a return ticket and don't turn up with half your lifes belongings. You have a positive track record, you should be fine.

[Valtsu 0]

Dear OP

I had a similar situation, I meet my GF on a J1 visa and visited her 10 times under the VWP. Many times I was a student or unemployed and while my K1 was in processing, I never had an issue. I got stopped and questioned one time as I was coming for 70 days and was unemployed/just left my job in the UK. Just make sure you have a return ticket and don't turn up with half your lifes belongings. You have a positive track record, you should be fine.

Thanks for encouraging reply! May I ask though, how soon after J-1 did you return the first time and were you ever asked to show proof of anything? Most of the horror stories I hear proof of ties is hardly ever asked nor helpful, only a return ticket and money.

[marriott574 13]

Thanks for encouraging reply! May I ask though, how soon after J-1 did you return the first time and were you ever asked to show proof of anything? Most of the horror stories I hear proof of ties is hardly ever asked nor helpful, only a return ticket and money.

It was 4 months between returning on my J1 and entering under the VWP. I did not have any problems and only my return ticket and a couple of hundred dollars. I timed my trip over thanks giving so when asked what i was doing I said visiting friends for thanksgiving.

Good luck on your trip.

[JayJayH 546]

Thanks for encouraging reply! May I ask though, how soon after J-1 did you return the first time and were you ever asked to show proof of anything? Most of the horror stories I hear proof of ties is hardly ever asked nor helpful, only a return ticket and money.

I've entered on the VWP probably about 20 times. Many entries were in between various F-1 and J-1 visas, sometimes I had a US gf, other times not. The last time I entered on the VWP I actually entered with my wife at the same booth, unemployed, 2 months before my immigrant visa interview.

There are plenty of horror stories, and things can certainly happen, but in my experience, questions were never really asked. After my J-1 visa, I entered 4 months later to visit my then girlfriend who I met during my J-1 stay. Was only asked how long I was going to stay. I visited again 2 months later with no scrutiny. The only time I ever faced any scrutiny was one time in 2008, in between two F-1 visas. I came to stay for 2 months, and had actually visited for 2 months, 2 months prior. They pulled me into secondary, asked me what I did back home for work, and when I would leave. They asked me this over and over for about 15 minutes before they said "Ok, have a nice stay, and don't forget to leave within 90 days."

After that I was on another F-1 visa, met my wife while in school. Filed I-130 a couple years later, and I visited 4 times during the I-130 process. Never any problem. the first time I wasn't asked who I was visiting, just how long. Second time I was only asked if I was "visiting someone in California" to which I obviously answered yes. Third time I entered with my wife, and they asked if I had a valid ESTA, and told me I had to go home before I could immigrate. The last time I entered, also with my wife, I actually told the CBP officer that I was immigrating, but not on this entry because my interview was in 2 months. The officer asked if I was interviewing back home or in the US, to which I obviously answered back home The officer then asked to see a return ticket. No more questions. I had already quit my job at the time, in anticipation of moving.

The fear of horror stories tends to be much greater than the actual scrutiny at the airport. You've already shown you can abide by a visa. You could have married while you were on that visa, and stayed legally, but you didn't. Now you're back home and going about it in the right way. I don't think you will have many problems.

[Valtsu 0]

Just wanted to update everyone that everything went fine. Thank you for all your replies and seems like I had sleepless nights for nothing. The line was long and dragging and finally they came to collect everyone from my flight as my line was moving the slowest. Officer who handled me seemed like he was having his regular boring day, probably not happy to work Saturday evening. Seemed frustrated as his pen was not working... Three questions:

"What brings you here today?"

- "Vacation"

As he was going through my passport he saw my latest J-1 visa and asked: "You're not using this today?:

- "No"

"How long are you here for?"

- "12 days. I leave on the 14th"

Stamped and off I went.

Snowy Finland changed for sunny SoCal

POE LAX for anyone interested

Edited May 4, 2014 by Valtsu

[Avery Cates 1,141]

I would like to get some advice regarding my situation here. I was in the US for 13 months on a J-1 visa and returned back home a little over a month ago. I met my girlfriend there and we are going to apply for a K-1 visa for me, but haven't yet filed the I-129F as I only just this week sent her my paperwork what she'll need. I'm going to visit her next month for 11 days on the Visa Waiver Program.

However I have a couple of questions regarding my trip and the possible questions at the POE. I am currently unemployed as I haven't landed a job yet since my return and am staying with my mom until I find a job and will move to wherever I will find that job. I'm a little concerned about my proof of ties and how to prove them if needed by the officer. What do you guys think, am I worrying too much? I have never used the VWP before, but have been to the US on another J-1 from March 2010 to April 2011 before my most recent J-1.

I have decent savings plus a credit card, so I could definitely prove myself being able to finance my trip and I only intend to stay for under 2 weeks. That is because I really don't want to slow down my possible employment. However this is my chance to go see my girlfriend since I'm not expecting to get time off soon after getting employed.

Any thoughts about my situation would be appreciated. Also if you think I worry too much about this, let me know! I would just hate to not see my girlfriend since the next time would be on her vacation time at the end of summer and I'd just hate to have that financial hit from being turned away. I'm a Finnish citizen.

I think you'll be ok. You're not coming from a high fraud country with is a plus. You have a history of having having visas previously and having left in accordance with the rules of them. (I'm assuming you didn't overstay any of them.)

I think the only place you may receive some scrutiny is that you only left a bit over a month ago. Explain it exactly how you did here, that you want to spend a week or so with your girlfriend before you start working in Finland. Make sure they understand that you're going to come and go, and are not looking to work in the US again under the VWP.

[Boiler 47,687]

He was fine.............