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DaveNot

ESTA Entering repeatedly

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I have made a recent trip to DC and spent 89 days there with my Fiancee and returned home (june-sep). I am planning to make a return trip in 2 weeks and spend another 80 odd days there. This is so we can spend as much time as possible together whilst the K1 application is being processed. The time difference since my return and flying out again soon is roughly 21 days.

I am wondering if I should take additional documentation and keep it at hand to show I have ties in the UK? I Am also wondering if I am to expect hassel at the boarder and potentially be denied entry? Does anybody have any advice regarding this situation please?

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You are essentially asking to spent 6 months in the US out of 7 correct? I assume that the CBP will ask for ties to the UK, such as what sort of job allows for such generous time out of the county

good luck


USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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Makes perfect sense, but could provide evidence for such, which isn't an issue. I am really just wondering what to expect.

You are essentially asking to spent 6 months in the US out of 7 correct? I assume that the CBP will ask for ties to the UK, such as what sort of job allows for such generous time out of the county

good luck

Edited by DaveNot

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Given you have only been outside the US for three weeks before attempting another entry on the VWP, it's possible CBP will think you are attempting to live in the US on a tourist visa, rather than being a genuine tourist.

You should carry a copy of the I-129F NOA showing you have a K-1 in-process, together with any evidence you can show that would necessitate your return to the UK at the end of your trip. It's still possible you may be denied entry, but those documents will give you your best chance.


Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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How do you propose I should approach that? I'm reading conflicting information regarding this. Some are stating all is fine, "be honest and just carry formal documents at hand", and others are stating it's pretty much a no win situation. I understand personal perspective, but I imagine my case isn't rare, so I'd also expect somebody being in my position before.

My idea for this approach is to simply state the truth and answer all questions as I've always done so without any concern in my mind that I will be denied (not more than asked).

I really don't know if I'm panicing for an unjustified reason, or actually have a feasible one to panic. ARG!

Given you have only been outside the US for three weeks before attempting another entry on the VWP, it's possible CBP will think you are attempting to live in the US on a tourist visa, rather than being a genuine tourist.

You should carry a copy of the I-129F NOA showing you have a K-1 in-process, together with any evidence you can show that would necessitate your return to the UK at the end of your trip. It's still possible you may be denied entry, but those documents will give you your best chance.

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You'll be wanting to show significant savings, or other reasons of how you can spend 6 months in the USA almost continuously, without having to work there.


Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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One of two things is likely to happen:

(i) they wave you through without even a word about it.

(ii) they notice how much time you've spent in the US recently and send you to Secondary about it.

I think ultimately they will probably let you in - even if you get sent to Secondary - but they will want to proof you will return and to know how you are supporting yourself in the US without working.

The chances of you getting denied entry and put on the next plane back are, I think, minimal, but the possibility exists.

Edited by Hypnos

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

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You tend to read about people who have issues, probably more do not but you never hear from them.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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If you're in the US for 180 days in a year, you have to file taxes there on your income. Something else to think about!


ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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Only a three-week break between substantial visits is very likely going to trigger alarm bells.

As others have said, bring documents to show that you have a K-1 in progress and ties to the UK, e.g., rental agreement, etc. Make sure you have a return ticket booked and can demonstrate that you can support yourself financially during your stay.

I used to visit about twice a year and stay 2-5 weeks, with 5-8 months between visits. With each visit, the questions became more probing, but I've never had to show my documents - though I brought them anyway, just in case. Your experience will depend on the CBP officer processing you at the desk, so the likelihood of being able to get through is anyone's guess. My experience tells me that you'll probably be okay, but as previously mentioned, the possibility of a denial of entry is still there. I would definitely not chance a third visit while you are waiting for your K-1.

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Fully agree that a lot of it depends on the CBP officer you get, some of them are a lot stricter than others and it's hard to predict for that reason. I had no hassle for a visit of over a month and lots of questions over a mere two week visit! Anecdotally from this forum there's a fair chance you will get put into secondary with two long visits so close together but you might not have any issues.Good luck with whatever you decide to do.

Edited by Hotter Otter

My blog about my visa journey and adjusting to my new life in the US http://albiontoamerica.wordpress.com/

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I did a similar thing to what you are proposing although we were not yet in the process of applying for a visa. My first stay was only about 56 days and my intended second stay was about 60 days. There was about a month in between the two visits. I was taken into secondary and waited for about two hours before I was seen. When I was questioned the main issue seemed to be that they could not see a return flight in their system. When I showed them that they let me through but told me that I would not be allowed in again without a proper visa. We got married on that trip and applied for the CR1; I went home as planned and did not try to visit again!

It's up to the officer you see on the day so no one can give you a guarantee, but I think that you will most likely be allowed in,maybe with a warning. The fact that you can show that you are in the process of applying for a visa should help.


01/27/2011 - Trevor's N400 submitted
02/18/2011 - Married
04/02/2011 - NOA1 hard copy received - priority date 03/30/2011
07/08/2011 - Trevor is now a USC - called USCIS to request upgrade of the petition.
08/02/2011 - NOA2
09/08/2011 - LND case number received, medical booked
09/26/2011 - Case complete at NVC
09/30/2011 - Interview date assigned
11/08/2011 - Interview - approved!!
11/10/2011 - Visa in hand
12/04/2011 - POE in Atlanta
12/12/2011 - SSN number received in mail
12/12/2011 - Welcome notice received
01/06/2012 - Green card received
09/06/2013 - File for Removal of Conditions
10/01/2013 - Biometrics for ROC
02/03/2014 - Card production email received

02/17/2014 - 2nd card production email received

02/28/2014 - 10 year Green card received

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