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BrianHummel

Returning to US while waiting for CR-1

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Filed: IR-1/CR-1 Visa Country: Sweden
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34 minutes ago, JFH said:

The decision to include or remove a country from the visa waiver program is based on the trustworthiness of the citizens of that country not to abuse the privilege. Abuse of the privilege takes many forms - overstay, illegal work or study, using the VWP to live in the USA in 90-day installments broken up by short jaunts to the native country, among others. Argentina and Uruguay have been removed. The program was designed to encourage tourism in the USA, not to help people spend 180 days a year living in the USA without a visa. If we all adopted your attitude of "so what if I spend 180 days a year there" you'll soon find that the program will be changed or even cancelled altogether, forcing everyone to apply for full B-2 visas. 

 

I assume you are filing tax returns in the USA since you are spending 180 days a year here? Don't be surprised if you are taken into secondary and have your phone and bags searched for evidence of illegal work. Any entry is a privilege, not a right. But with many privileges, there are always people determined to abuse them. 

So you're saying that Argentina and Uruguay were removed because people traveled multiple times during ESTA - which is allowed - and it had nothing to do with the financial stability of the country?

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Filed: K-1 Visa Country: Wales
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6 minutes ago, kirreb said:

So you're saying that Argentina and Uruguay were removed because people traveled multiple times during ESTA - which is allowed - and it had nothing to do with the financial stability of the country?

They had a high abuse rate.

“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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19 hours ago, kirreb said:

So you're saying that Argentina and Uruguay were removed because people traveled multiple times during ESTA - which is allowed - and it had nothing to do with the financial stability of the country?

Not necessarily. Although the financial problems may have led to the high abuse rate. Statistically speaking, and that's all that the government can base decisions on, citizens from countries that are less financially stable have a higher rate of visa fraud, overstay, abuse, etc. There would be not much gained by someone from Australia or the U.K., for example, staying illegally in the USA and abandoning a country with a much better social welfare system, funded healthcare and so on.

 

My point was more that a place on the VWP is not permanent or guaranteed for any country. It is always subject to review. Any form of admission into the country is a privilege, not an automatic right, unless you are a USC. 

 

How are you funding your stays and maintaining your life in Sweden without being able to work here? Is it commonplace in Sweden to have so much paid time off?

 

 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

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Filed: IR-1/CR-1 Visa Country: Sweden
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2 hours ago, JFH said:

Not necessarily. Although the financial problems may have led to the high abuse rate. Statistically speaking, and that's all that the government can base decisions on, citizens from countries that are less financially stable have a higher rate of visa fraud, overstay, abuse, etc. There would be not much gained by someone from Australia or the U.K., for example, staying illegally in the USA and abandoning a country with a much better social welfare system, funded healthcare and so on.

 

My point was more that a place on the VWP is not permanent or guaranteed for any country. It is always subject to review. Any form of admission into the country is a privilege, not an automatic right, unless you are a USC. 

 

How are you funding your stays and maintaining your life in Sweden without being able to work here? Is it commonplace in Sweden to have so much paid time off?

 

 

No, my vacation was only 6 weeks, but we have savings and I have an arrangement with my employer. 

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Filed: F-1 Visa Country:
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That privilege works both ways btw. Americans can spend up to 6 months in certain Western European countries without any questions asked.

 

 

 

 

 

 

 

 

 

image-2017-12-29 (1).jpg

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  • 4 weeks later...
Filed: IR-1/CR-1 Visa Country: Sweden
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It was no problem for me to enter yesterday for another ~90 days after being out of the US for 2 weeks (previous visit was ~85 days).

 

The officer only wanted to know more in detai who I was visiting, and I also said I was in the process of immigrating. I was quite surprised as I was prepared for the worse, with printed out bank statements, letter from employer etc., based on things I’ve heard on here, mainly.

 

As of Jan I’ll stay in Sweden as I think we’ll be pushing it to visit once more....

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Filed: K-1 Visa Country: Wales
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3 hours ago, Back2back said:

My understanding is that you are allowed to visit on vwp for no longer than 6 months in a year-long time frame. (E.g - 4 visits of 1.5 months or 2 visits of 3 months etc) as long as you don't spend more time in the other country than your own over the years period. Is that correct?

No

“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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4 hours ago, Back2back said:

My understanding is that you are allowed to visit on vwp for no longer than 6 months in a year-long time frame. (E.g - 4 visits of 1.5 months or 2 visits of 3 months etc) as long as you don't spend more time in the other country than your own over the years period. Is that correct?

Nope. CBP will determine if you are abusing VWP privileges by living in the US (or other violations of status) at POE. Some people have been able to spend 6+ months over a 12 month period in the US  fine. Others have been denied after only 1 ~90 day stay and a quick return. CBP will address the concern based on the totality of the circumstances.

 

The general rule of thumb is to spend more time outside the US than in it, with twice as long outside than inside it being even better. But this is not an actual requirement....just good advice to try to avoid a refusal of entry.

 

There are consequences for being in the US more than 6 months in a year (i.e. taxes), as well as potentially consequences for being outside your home country more than 6 months of the year (i.e. eligibility for public benefits back home).

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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