UK fiance visiting in 2 weeks/ Detroit POE

[JamesRenee 47]

I am posting on behalf of my UK fiance- as well as myself- becaue he is obviously getting very nervous about getting sent back. First of all- has anyone gone through Detroit as their POE and if so how was your experience? My fiancé is planning on staying for 85 days. We've purchased a return ticket for his trip as well as traveler's insurance- we have a signed letter from his employer stating that he is expected back at work on a specific date & she is giving him extended holiday leave. He will have a bank statement showing proof of funds. And also our I-129 petition with the NOA1 letter and change of alien registration number as well. He is nervous becaue he was already here on a waiver from May 8- August 8. It was during that trip that we met and fell in love. He thinks becaue he's trying to come in again for an extended period of time that they will reject him. We plan on being up front and truthful about all questions asked (i.e. He's coming to visit his fiancé and my family for the holidays). I told him I would post on this site for any helpful advice because the people on this site are wonderful and supportive & no question is considered "stupid". I think because the time is drawing nearer that we are both freaking out a little & nervous. But if anyone has been through Detroit that would be extremely helpful. Thank you in advance for your help ?

[Lainie B 465]

May 8 to August 8 is 92 days, meaning he overstayed on the VWP. Are you sure about those dates?

[JamesRenee 47]

Sorry- it was August 5th. Got the dates wrong. He didn't overstay- he was very careful about that. It was 90 days exactly- stamped on his passport that he had to leave the states August 5th which he did

Edited October 22, 2014 by JamesRenee

[Lainie B 465]

OK that's good. It is still a possibility that they may think he is using the VWP to live in the US. Two visits of nearly 90 days in the same year could be pushing it, in their eyes. When is his arrival date? I don't have any experience of Detroit as a POE, but this is not really an airport-specific question - he could have the same issue at any POE.

Edit- I see you answered my question in your topic title.

He came to the US for 90 days, then was out for approximately 90 days, then wants to come in again for another 85 days. There is no way to know how CBP may see this, as there are no hard and fast rules about how much time you need to spend outside the US in order to be permitted in for another 90 days. It will be assessed on a case by case basis.

Edited October 22, 2014 by Lainie B

[JamesRenee 47]

I appreciate the advice- truly. I wish there were some hard & fast rules but I know that that's not how it works and we have to be prepared for everything. Thank you again ?

[Lainie B 465]

He will probably be OK, as I see other people doing similar things here, but every now and then I see a denial on here because CBP think the traveler is misusing the VWP.

[JamesRenee 47]

One quick question that you may or may not know...does it matter in hours as far as overstaying the visa? For example- if he arrived in the morning on May the 8th and his final flight left American the evening of the 5th (he had an 11 hour layover in Philly) is that considered overstaying the visa?

[wbeem 567]

For example- if he arrived in the morning on May the 8th and his final flight left American the evening of the 5th (he had an 11 hour layover in Philly) is that considered overstaying the visa?

It works on calendar dates, not flight times.

[Al422 221]

If he is not breaking the rules, I don't see any problem. You have a K-1 penidng that you are pursuing in good faith, so how can anyone assert that you are trying to circumvent the K-1 process? All you are doing is making perfectly legal use of the VWP..

Do make note of the entry and exit dates. No doubt he will be asked these dates at his K-1 interview. When that happens, recite the dates and be perfectly honest about why he came here. You simply have nothing to hide.

[ISBJORN10 5]

My Fiance is coming in the Xmas and we already have NOA2

[Al422 221]

My Fiance is coming in the Xmas and we already have NOA2

That is fine. Does not change anything.

But once the K-1 is issued, he cannot come here without using up his ONE entry permitted under the K-1, even if he calls it a VWP entry. So once the K-1 is issued, make sure that when he comes here, he will stay here. Otherwise the K-1 will be lost.

[ISBJORN10 5]

That is fine. Does not change anything.

But once the K-1 is issued, he cannot come here without using up his ONE entry permitted under the K-1, even if he calls it a VWP entry. So once the K-1 is issued, make sure that when he comes here, he will stay here. Otherwise the K-1 will be lost.

We have our NOA2 in october and it will be expired in Feb and my fiance cant move to the US before june due to work :cry:

Can we extend NOA2 ? is it possible to have the visa interview after NOA2 expiry ?

[valverdeveslings 10]

We have our NOA2 in october and it will be expired in Feb and my fiance cant move to the US before june due to work :cry:

Can we extend NOA2 ? is it possible to have the visa interview after NOA2 expiry ?

That is just the petition expiration, not the visa expiration. You must have your interview before Feb but then the visa itself will have a later expiration date.

[JamesRenee 47]

Not to be rude- but I'm trying to get answers on a specific topic I posted about visiting- not NOA2's. I'm just trying to get advice on one topic right now.

[Hotter Otter 1,211]

He will probably be OK, as I see other people doing similar things here, but every now and then I see a denial on here because CBP think the traveler is misusing the VWP.

Agree with this, you might get someone who lets him through without many questions or you might get someone who has an issue with two long visits close together and decides he is abusing the VWP. Good luck!