Multiple Entries....when can I re-enter?

[ambrella 62]

I was in the US from Aug - November 2016 and then again in January - April 2017.  The second time I entered I was taken into an interview room and questioned and had my phone searched.  

I explained that I nearly had an e3 visa in December and then 2 days before I was due to leave and visit my family in Australia for Christmas it fell through, so I was back in the US to try again and if it didn't work out I would leave.  They were happy with this and said if I didn't get the visa this time then I couldn't come back for a while.  Unfortunately my second attempt did not work out either.  I've accepted the e3 thing isn't going to work out for me and I have a job back in the UK now, but I do have an American boyfriend there and I want to visit him.  Do I have a hope in hell of being allowed to enter again in the next couple of months? how long is 'a while'?

I've never told them I have a boyfriend as I was advised not to (please no judgmental comments).  Is now the time to tell them as it might look like an understandable reason to be back again? 

 

I also remember another girl saying she was able to access what they had written about her when she had entered, how do I get hold of this information? 

[Georgia16 2,858]

You have been there for about 8 months with only one month apart.

 

When they say awhile then in your situation I'm pretty sure they don't mean only a few months. 

Your boyfriend can visit you or you guys can meet up somewhere else.

[Wuozopo 4,294]

Opinion:

Don't try to go back for 6-12 months and only for a short visit like 2-3 weeks has a better chance. Having a BF in the US is not a good reason to let you in. You might just not bother to leave. 

[geowrian 22,339]

9 minutes ago, vicky-lee said:

Do I have a hope in **** of being allowed to enter again in the next couple of months? how long is 'a while'?

Is it possible? Sure. But it's unlikely IMHO. You've spent 7-8 months out of past 9 or so within the US. There is no hard limit on how many times you can enter or total amount of time you can spend in the US, but the general rule of thumb is to spend more time outside the US as inside it. Twice as long is preferable. Since you were pulled into secondary last time, I'm skeptical if they will be so lenient next time. I could be wrong and that's your decision to make, but I'd personally not risk it for several (6-12 IMHO) more months. If denied, you will be unable to use your VWP privileges at least for a while.

 

9 minutes ago, vicky-lee said:

I've never told them I have a boyfriend as I was advised not to (please no judgmental comments).  Is now the time to tell them as it might look like an understandable reason to be back again? 

They don't really care why you're coming so much as why you will leave. You've spent a lot of time in the US recently, so the likely suspicion is that you are living within the US, which is not permitted. Having a US-based boyfriend is a tie to the US, which will only hurt your case.

Did they ask you about having a boyfriend or why you were visiting?

 

9 minutes ago, vicky-lee said:

I also remember another girl saying she was able to access what they had written about her when she had entered, how do I get hold of this information? 

I believe a FOIA request would be necessary to obtain this. But I don't see how exactly it would help you...?

[Hypnos 6,579]

I doubt you would be allowed entry until the end of this year at the absolute earliest, and more realistically sometime next year.

[ambrella 62]

OK thanks all, I figured this would be the case.

 

What about if I had a k-1 visa in process? would they allow me to visit then? (I've seen other people being advised that they can visit) 

[geowrian 22,339]

2 minutes ago, vicky-lee said:

What about if I had a k-1 visa in process? would they allow me to visit then? (I've seen other people being advised that they can visit) 

Having a K-1 in process will not help your case, and having documented immigrant intent that comes along with it will hurt it. Somebody can visit with a pending K-1, but it's at least as difficult (if not harder) than before having a pending petition/application (more-so the application since they don't have a record of the I-129F petition for a while into the process).

[Wuozopo 4,294]

2 minutes ago, vicky-lee said:

OK thanks all, I figured this would be the case.

 

What about if I had a k-1 visa in process? would they allow me to visit then? (I've seen other people being advised that they can visit) 

 

You can visit until you abuse the privilege. K1 applicants get refused too if they have tried to spend too much time in the US. Nothing is going to get you in any sooner, now that you are officially on the radar as untrusted. You can get a K1 visa and enter once you have it. Then marry and stay. 

[Boiler 47,501]

US Citizens can visit the UK for up to 6 months.

[ambrella 62]

On 6/20/2017 at 3:55 AM, Boiler said:

US Citizens can visit the UK for up to 6 months.

 

Yes but I'm sure you're aware that we get a lot more annual leave in the UK than they do in the US.

 

Also, another reason that I want to visit is that my parents are going to be in LA and Hawaii at the end of July/beginning of August.  I feel a bit bad that they booked this trip hoping that I would be there (though they knew it wasn't definite) so I would love to meet them for just a week.  Couldn't I show an email from my boss showing my return date to work? the rent I pay? my parents itinerary etc? 

 

The thing they were most concerned with when they took me into secondary was that I must have been working illegally and wondered how I had supported myself for so long.  So that would not be an issue now I'm working and only coming for a week right? 

 

Edited June 27, 2017 by vicky-lee

[Wuozopo 4,294]

On 6/27/2017 at 0:54 PM, vicky-lee said:

Couldn't I show an email from my boss showing my return date to work? the rent I pay? my parents itinerary etc? 

 

You can try it and hope you get a really nice person. But you need to be prepared to be put on the next plane home and lose your ticket money. 

[mcdull 474]

On 6/27/2017 at 1:54 PM, vicky-lee said:

 

Yes but I'm sure you're aware that we get a lot more annual leave in the UK than they do in the US.

 

Also, another reason that I want to visit is that my parents are going to be in LA and Hawaii at the end of July/beginning of August.  I feel a bit bad that they booked this trip hoping that I would be there (though they knew it wasn't definite) so I would love to meet them for just a week.  Couldn't I show an email from my boss showing my return date to work? the rent I pay? my parents itinerary etc? 

 

The thing they were most concerned with when they took me into secondary was that I must have been working illegally and wondered how I had supported myself for so long.  So that would not be an issue now I'm working and only coming for a week right? 

 

so you are telling us, in the UK, you guys get 8 months out of a year to holiday in the States?

ha!

[ambrella 62]

9 minutes ago, mcdull said:

so you are telling us, in the UK, you guys get 8 months out of a year to holiday in the States?

ha!

Good one 

[Boiler 47,501]

 

3 hours ago, mcdull said:

so you are telling us, in the UK, you guys get 8 months out of a year to holiday in the States?

ha!

4 to 6 weeks would be common for a year round job.

[Coco8 1,054]

You usually have to have at least twice the time out as you were in. Basically the last time you were in like 4 months, so you need at least 8 months out. However, you were like 4 months inside before that with almost no time in between, so you should let more time go by.

 

Also, you should only spend 6 months in a year in the US at the most. If you count from your first visit, you were 8 months inside. In 2017 you have already stayed 4 months and if you were to stay a bit more during 2017 you will have to file taxes! That is a big no-no.

 

If you go back so soon they will probably cancel your visa and you won't be able to use ESTA either. It is a risky move.

 

Could you meet him in Canada or in Mexico? Or could you fly to visit you? 

 

Having a K-1 application won't help because you've already stayed too long.

 

 

 

Edited June 29, 2017 by Coco8