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Country: Wales
Timeline
Posted

Hey everyone :)

 

I have a question, and I was hoping to receive some advice. 

 

Brief:

 

  • Hoping to spend 86 days with my US partner, for christmas, new years, our birthdays 2nd and 3rd jan, and valentines day.
  • Previous visits I have left a handful of days later than planned
  • Less than 4 month gap between recent visit and planned december visit

 

I have recently returned to the UK from a short visit to the US, to spend quality time with my boyfriend in Arizona.

 

My total visits on my current ESTA are as follows:

 

June 30 2016 - July 20 2016

April 13 2017 - April 19 2017

August 25 2017 - September 09 2017

 

We both decided on myself returning in December, for a total of 86 days (leaving 4 days to compensate for any possible flight delays/cancellations etc, to avoid unintentionally overstaying my welcome). 

This way, we can spend christmas, new years, our birthdays 2nd and 3rd Jan, and valentines day together.

I would be staying at his parents address, as I did on my most recent visit, which did not seem to cause any problems at the border.

 

Will this be possible? Taking into account the length of stay, and the time between my last visit and my next planned visit, and taking into account the following:

 

  • Every time I visit, something seems to happen, forcing me to stay a handful of extra days (but never over my limit of 90 days, not even close).
  • My first visit, was 2 days longer than planned. This was due to a flight delay, which turned into a cancellation. I had to buy a new ticket.
  • My second visit, I missed my flight due to poor timing; I did not take into account traffic. I had 30 mins left but they wouldn't let me run to the gate. I left 3 days later than planned. I had to buy a new ticket. 
  • My most recent visit, my boyfriend was/is in a mess with court. I was originally coming back on September 5th, however stayed that week to be with my boyfriend after bailing him out and looking after him. So that's 5 days longer than planned.
  • He does not work, he's 19, but I am financially stable and can provide for myself and my boyfriend throughout the 90 days. 

 

Will these extra days affect my future visits? They haven't so far, and each time i'm stamped with a 90 day limit, not limits on the dates I tell CBP (my original dates). Do they care if I stay a few days longer than I say? Unintentionally of course. 

 

I ask as, I'm unsure if the CBP officer was just joking around, as he seemed really jolly, but he scanned my passport, and said "ohhh, *slight pause* we'll let you off this one time" smiled/chuckled and handed it back to me. I don't know what I did wrong. apart from buying a new ticket 5 days later than planned. That was in Vegas airport. So now i'm paranoid that i've done something to offend the country and its border, and will be denied any future entry, especially a visit of 90 days. 

 

Regarding work, I will be able to take the 3 month vacation. I will bring with me written confirmation. Should I include phone numbers and email addresses so CBP can contact them for verification? Do they even do that, contact your employer overseas? If so I'll need to ask my boss for his contact information. 

 

 

 

Thank you very much for your time,

Damien

 

 

Posted

They will probably question you, seeing that you took few trips already. They might or might not let you in, that's something no one here can predict.

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Filed: IR-1/CR-1 Visa Country: Morocco
Timeline
Posted

The general rule is you should spend twice as long outside of the country as in it. Your previous visits were reasonably short, so that's one thing but if you are staying longer this time you'll want to keep that on your head for the next time. 

 

Also, seeing as how you've been there three times and three times you haven't gone back when planned and there are issues with you bailing your boyfriend out of jail, that's a little concerning don't you think? It doesn't show a great history and shows questionable decision making on both your parts. 

 

Most of us on here have likely never missed a flight. 

Filed: AOS (apr) Country: Norway
Timeline
Posted

Given that you're from the UK and you have a history of reasonably short and well spaced trips - I think you will be ok. Bring a letter from your employer that confirms the extended vacation and the day they expect you back. Also bring your apartment/house rental agreement if applicable.

If it isn't difficult, it isn't worth it.

 

K1 process

9/24/15: I129f sent

9/30/15: NOA1

11/2/15: NOA2

Delayed processing due to work

3/15/16: Medical

4/28/16: Interview (approved)

Delayed entry due to work

8/12/16: POE Detroit

 

9/4/16: Wedding!

 

AOS process:

9/9/16: I485/I131/I765 sent

9/14/16: Received 3xNOAs by text/e-mail (day 2)

9/14-18/16: Received 3xpaper NOAs 

9/23/16: Received biometrics appointment letter (day 11)

10/3/16: Biometrics appointment (day 19)

11/4/16: EAD+AP approved (day 53)

11/16/16: EAD status changed to card shipped (day 65)

11/17/16: EAD/AP combo card received (day 66)

12/30/16: Notice of interview scheduled (day 109)

2/1/17: AOS interview (day 142) - APPROVED

2/8/17: GC received (day 150)

 

ROC process:

11/3/2018: ROC window opens

Country: Wales
Timeline
Posted
11 minutes ago, EandH0904 said:

The general rule is you should spend twice as long outside of the country as in it. Your previous visits were reasonably short, so that's one thing but if you are staying longer this time you'll want to keep that on your head for the next time. 

 

Also, seeing as how you've been there three times and three times you haven't gone back when planned and there are issues with you bailing your boyfriend out of jail, that's a little concerning don't you think? It doesn't show a great history and shows questionable decision making on both your parts. 

 

Most of us on here have likely never missed a flight. 

Yeah, if I am granted the 90 day visit, I will ensure to not even attempt to visit for another 5 months or so, leaving plenty of time between visits, and that next visit will only be short as my previous visits have been. This extended visit is just to encompass all of the major holidays with my boyfriend. 

 

Very true, however it's only been a couple of days difference each time, and CBP officers have never questioned it before. The first time was completely out of my control.

 

14 minutes ago, A'n'L said:

Given that you're from the UK and you have a history of reasonably short and well spaced trips - I think you will be ok. Bring a letter from your employer that confirms the extended vacation and the day they expect you back. Also bring your apartment/house rental agreement if applicable.

Of course, I'll be bringing tons of documentation. This is what I brought for my most recent trip (and wasn't even required) and what I'll be bringing in December:

 

Letter of employment with intent to return to UK (Full time job)

Letter of employment with intent to return to UK (Part time weekend job)

Letter from mother detailing my address and intent to return to UK

Letter from my boyfriends mother detailing intent to visit her house for the duration of the visit, and intent on returning home to UK

Printed document showing the house i'll be staying at, with the address mentioned

Documentation regarding my car finance here in UK, in an attempt to prove intent on returning to UK

Printed photos of myself and my boyfriend together, proving he exists

Bank statements

Payslips

Travel insurance

Printed car rental documentation

And i'm sure I brought more... 

 

 

 

Filed: Other Country: United Kingdom
Timeline
Posted

Letters from employers - good (on company headed paper is better)

Car finance proof - ok

Letter from your mum - probably useless, you're not trying to get out of doing PE at school! :) Neither your mum nor his can guarantee you'll get on a plane at the end of your trip.

Photos of you and him - it's doubtful they'll think he doesn't exist, but it's always nice to have piccies of your loved one so it couldn't do any harm.

Bank statements and payslips - pretty useful to show you have enough to cover nearly 3 months holiday and won't need to work during such a long trip

 

Chances are you won't be asked to show any documents, but always good to be prepared

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Posted
8 hours ago, Diane and Chris said:

Sometimes I wonder if people actually make up these scenarios. I am amazed at these questions and situations. :o

Plenty of other made up stuff on here, such as the non existent 'must spend twice as long out of the US as in' rule.

 

 

OP, tell the truth (that doesn't mean volunteer absolutely everything though!), don't take the p*ss and you should be fine. 

That you changed or missed flights they do not care - or probably even know - as long as you didn't overstay because of it.

CR1 / DCF (London): 2012 / 2013 (4 months from I-130 petition to visa in hand)

I-751 #1- April 2015 [Denied]

 

April 2015 : I-751 Joint filing package sent fedex next day 09:00am from UK ($lots - thanks). 
Jan 2017: Notification that an interview has been scheduled at a local office. Bizarrely still no RFE... 
Jan 2017: 2hr wait, then interview terminated before it began, due to moving my ID to another state 2 wks prior. New interview 'in a few months...maybe.'   Informed them that divorce proceedings are underway, but not finalised at this time. 
March 2017: An Interview was scheduled - marked as no-show as they didn't actually send out a notification of interview. FML 
April  2017: Filed an official complaint with the ombudsman, and have requested Senator & Congressman assistance
August 2017: Interview - switched to a (finalised) divorce waiver. Told that decision will be made that afternoon, but no problems foreseen with my case. 
October 2017: Letter of Denial received - reason given as 'I-751 petition was not properly filed'. Discovered ex-spouse made false allegations to USCIS in 2015. No opportunity given to review & refute allegations  - contrary to USCIS policy.

I-751 #2 - Oct 2017 - Mar 2021[Denied] 

 

October 2017: Within 72hrs of receiving denial notice, a new waiver I-751, divorce decree & $680 cheque, sent to Vermont via FedEx overnight 9am priority.  
Dec 2019: Filed FOIA request for full A# file
Feb 2020: FOIA request completed - entire A# file received as a .PDF; 197 pages fully redacted, and 80 partially redacted. Don't waste your time!
March 2021: I-751 #2 denied for lack of evidence. No RFE, no interview, and evidence in previous I-751 not reviewed - contrary to policy. Huge errors in adjudication.

N-400 - Feb 2018 - Apr 2021 [Denied]

 

February 2018: N-400 filed online.  $725 paid to the USCIS paperwork wastage fund

February  2019: Interview - cancelled after a four hour wait due to 'missing paperwork' on their end. Promised Expedited reschedule.

March 2021: Interview letter received, strangely dated after I-751 denial. No I-751 interview conducted. N-400 interview and test passed, given 'cannot make a decision at this time' paper due to the ongoing I-751 nightmare...

April 2021: N-400 denial received citing recent I-751 denial as basis for ineligibility, even though it should have been a combo interview 🤯

I AM JACK'S COMPLETE LACK OF SURPRISE

Service Motion - March 2021 [Sent via FedEx & COMPLETELY IGNORED by USCIS]

 

March 2021: Service Motion request sent overnight addressed direectly to field office director, requesting urgent review and re-opening, based on errors in adjudication - citing USCIS policy, AFM and memorandums as basis for errors. This was completely ignored by USCIS.

 I-751 #3 - June 2021 - Jan 2024 [Denied]

 

IT'S GROUNDHOG DAY

June 2021: I-751 #3 (30+lbs/5000 pages of paperwork) & another $680 sent to USCIS via FedEx ($300+..thanks) .... 

June 2021: Receipt issued, card charged, biometrics waived, infopass scheduled for I-551 stamp number ten.....

Feb 2022: RFIE (no, not an RFE, a Request For Initial Evidence) received, for copies of the divorce paperwork that they already have 😑

July 2022: Infopass for I-551 stamp number eleven.....

August 2023: Infopass for I-551 stamp number twelve....

January 2024: Denial received, ignoring the overwhelming majority of the filing, abundance of evidence, and refutation of a provably false allegation. The denial also contradicts itself in multiple places, as if it was written by someone with an IQ <50.

HAPPY NEW YEAR

 

2024: FML. Seriously. I'm done. 

 

Country: Wales
Timeline
Posted
13 hours ago, MacUK said:

Letters from employers - good (on company headed paper is better)

Car finance proof - ok

Letter from your mum - probably useless, you're not trying to get out of doing PE at school! :) Neither your mum nor his can guarantee you'll get on a plane at the end of your trip.

Photos of you and him - it's doubtful they'll think he doesn't exist, but it's always nice to have piccies of your loved one so it couldn't do any harm.

Bank statements and payslips - pretty useful to show you have enough to cover nearly 3 months holiday and won't need to work during such a long trip

 

Chances are you won't be asked to show any documents, but always good to be prepared

Haha, I know the letters from both parents are pretty much useless, I'm just desperate to see my bf and they are a real threat in regards to stopping us seeing each other xD

 

I guess I could also show proof of rent, being monthly instalments and on a fixed term contract of 6+ months, for intentions to return to the UK.

 

Yup, always be prepared. If there is anything else I can bring to show intent on coming back home, could you give me some ideas? I may have missed something obvious that could help a great deal..

 

3 hours ago, mindthegap said:

Plenty of other made up stuff on here, such as the non existent 'must spend twice as long out of the US as in' rule.

 

 

OP, tell the truth (that doesn't mean volunteer absolutely everything though!), don't take the p*ss and you should be fine. 

That you changed or missed flights they do not care - or probably even know - as long as you didn't overstay because of it.

I always do tell the truth. I never mask the fact I'm visiting my boyfriend. It's just not worth holding back the truth, which could cost me my ESTA and any future visits. I didn't think missing and changing flights would be that big a deal tbh, thanks for confirming :) 

 

I wish my situation was made up.. 

 

Filed: Other Country: United Kingdom
Timeline
Posted
27 minutes ago, Zeo-IL said:

Haha, I know the letters from both parents are pretty much useless, I'm just desperate to see my bf and they are a real threat in regards to stopping us seeing each other xD

 

I guess I could also show proof of rent, being monthly instalments and on a fixed term contract of 6+ months, for intentions to return to the UK.

 

Yup, always be prepared. If there is anything else I can bring to show intent on coming back home, could you give me some ideas? I may have missed something obvious that could help a great deal..

 

I always do tell the truth. I never mask the fact I'm visiting my boyfriend. It's just not worth holding back the truth, which could cost me my ESTA and any future visits. I didn't think missing and changing flights would be that big a deal tbh, thanks for confirming :) 

 

I wish my situation was made up.. 

 

 

I hate to break it to you Princess, but your situation isn't all that special or unique :)

 

You do spend more than the average amount of time in the US but I wouldn't say excessively so.

Your planned trip is a long one but it's within the permitted length of stay and wanting to be with each other for your birthdays, Chrimbo and Valentines is understandable. Your last trip was short and quite a few months will have passed before your next one. It could be your next visit after this planned one that could get more scrutiny if you take one too soon but as you say, you've already considered that and are not planning going back Stateside for a little while.

You may find some scepticism that your employer is happy to let you disappear for so much time every year but that's between you and your employer and you'll have a letter to state it.

No-one here can predict exactly what will happen but I personally don't think you'll have too much trouble at all. Maybe a couple of extra questions but I doubt you'll be sent back to secondary for extra waterboarding and thumbscrew inquisition.

 

Try to stop overthinking any bad things that could happen, your plan isn't all that extraordinary 😎

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Country: Wales
Timeline
Posted
3 minutes ago, MacUK said:

 

I hate to break it to you Princess, but your situation isn't all that special or unique :)

 

You do spend more than the average amount of time in the US but I wouldn't say excessively so.

Your planned trip is a long one but it's within the permitted length of stay and wanting to be with each other for your birthdays, Chrimbo and Valentines is understandable. Your last trip was short and quite a few months will have passed before your next one. It could be your next visit after this planned one that could get more scrutiny if you take one too soon but as you say, you've already considered that and are not planning going back Stateside for a little while.

You may find some scepticism that your employer is happy to let you disappear for so much time every year but that's between you and your employer and you'll have a letter to state it.

No-one here can predict exactly what will happen but I personally don't think you'll have too much trouble at all. Maybe a couple of extra questions but I doubt you'll be sent back to secondary for extra waterboarding and thumbscrew inquisition.

 

Try to stop overthinking any bad things that could happen, your plan isn't all that extraordinary 😎

Haha Princess, I'm a guy! xD

 

I'd probably spend less time in US if my bf could come here to UK and visit once in a while, share the burden of travel, and see each other more. 

Exactly. I'm hoping CBP will be more inclined to let me visit for that period in regards to the holidays :) And I plan on leaving with 4-6 days to spare, to ensure I don't accidentally overstay the 90 days period thanks to any possible delays, cancellations etc. 

 

Yup, I plan on leaving it at least 5 months before my next visit after the lengthy holiday.

 

I understand where they're coming from with the scepticism. I hear that in the US, you only get 14 days a year holiday. We get 28+ days as standard here in UK.

 

Will the letter be enough? Or will CBP require a phone number to contact them? I already have a letter printed out ready, but with no phone number (I'm unsure why my boss didn't add the number), so CBP currently have no way of verifying it with my boss, only a letter to go off. Is that enough?

 

Of course. I expect more questions, and I will provide a full detailed list of plans and dates during my visit. Heh. Let's hope it doesn't come to waterboarding xD

 

I can't. I kept thinking bad things would happen on my most recent visit xD

 

 

Posted
9 hours ago, mindthegap said:

Plenty of other made up stuff on here, such as the non existent 'must spend twice as long out of the US as in' rule.

 

I've never seen anyone say that it is a "rule" or a "must" in any way?

 

It's a general "rule of thumb", as in, as far as advice goes it's an alright estimate to have someone think - oh, it might be time to think a bit about the frequency and lengths of my visits.

General advice is what happens when you have a community of people that gather empirical observations on what works and what doesn't, what people experience and are told by officials over time and then go on to share those experiences, so that others may benefit from them. It doesn't absolve anyone from applying their own common sense to their particular situation.

It always goes that each circumstance is different and that there is no set rule.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Posted
7 hours ago, MacUK said:

No-one here can predict exactly what will happen but I personally don't think you'll have too much trouble at all. Maybe a couple of extra questions but I doubt you'll be sent back to secondary for extra waterboarding and thumbscrew inquisition.

😂 LOL!

 
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