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rach3712

visiting usa in my situation.. please any advice!

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Hi everyone. New to the group. 
Long and complicated situation, hoping someone could shed some light

I am engaged to my american fiance, we met 4 yrs ago when we were working on cruise ships together, been together In person nearly every day since. Now we have both finished we want to settle down. I overstayed my c1d cruise ship Visa when I last went onto my last cruise contract ( huge mistake from the company as they didnt notice) therefore when I went to visit my fiance a couple of months ago I was denied entry and sent back home. I had apply for a b2 visa which I got, went to visit him, and only able to stay for 70 days in the states. Only because I don't have a job (after 15 yrs on ships I want a nice long break) and no property ( only been off ships for 2 months). We got engaged whilst I was there and applied for a k1 visa 2 months ago. Now I am home in the uk and have a part time job as a dance teacher at a local school. 
If i want to visit my fiance for a couple of weeks whilst my fiance Visa is in process can I use my dance school employer as evidence I will be coming back and not intending to stay? I still dont have any property as I dont feel the need to purchase anything whilst I'm here if I get my fiance Visa. also I am waiting for a letter from my previous employer regarding the situation with my c1d visa mess up.

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If you have a valid visa you can come but it’s always up to the IO if they allow you in or not. No one here can tell you for certain. It is likely you will be scrutinized more because you have a pending immigrant visa.


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26 minutes ago, rach3712 said:

when I went to visit my fiance a couple of months ago I was denied entry and sent back home.

26 minutes ago, rach3712 said:

I had apply for a b2 visa which I got, went to visit him, and only able to stay for 70 days in the states.

Can you provide dates for clarification? When were you denied entry on a B-2? And when did you visit the US for 70 days with a B-2?

26 minutes ago, rach3712 said:

I overstayed my c1d cruise ship Visa

Since you were approved for a B-2 after the overstay, I assume you don't have an unlawful presence bar.

26 minutes ago, rach3712 said:

We got engaged whilst I was there and applied for a k1 visa 2 months ago. Now I am home in the uk and have a part time job as a dance teacher at a local school. If i want to visit my fiance for a couple of weeks whilst my fiance Visa is in process can I use my dance school employer as evidence I will be coming back and not intending to stay? I still dont have any property as I dont feel the need to purchase anything whilst I'm here if I get my fiance Visa. also I am waiting for a letter from my previous employer regarding the situation with my c1d visa mess up.

Only USCs are guaranteed entry to the US. Your entry will be based on CBP's discretion. To try to convince CBP about your intent to return to the UK, you should travel with evidence that proves that (the more the better).


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when I got denied on June 1st I was travelling on an esta, thats when they  (and me) found that I overstayed my c1d visa last year which was the reason they denied me entry, after that I applied for a b2 visa which I got and then thats when I travelled on the b2 visa for 70 days. 

the job I have is at a dance school as a teacher, regular work one day and the rest is fill in work, so not a full time job. I am working towards opening up my own business whilst I am here in the uk.  I don't have any property as I am staying with family to save money .n

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Assuming your B is still valid you can see to enter again.


“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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17 minutes ago, TM92 said:

Can you provide dates for clarification? When were you denied entry on a B-2? And when did you visit the US for 70 days with a B-2?

Since you were approved for a B-2 after the overstay, I assume you don't have an unlawful presence bar.

Only USCs are guaranteed entry to the US. Your entry will be based on CBP's discretion. To try to convince CBP about your intent to return to the UK, you should travel with evidence that proves that (the more the better).

the only evidence I really have is my dance school employer.... like I said, I live with family so no property ties. thats it 

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Posted (edited)
11 minutes ago, rach3712 said:

the only evidence I really have is my dance school employer.... like I said, I live with family so no property ties. thats it 

When you entered for 70 days you didn't have a job and you were granted entry. I assume your odds are about the same as last time. Like @Luckycuds said, "No one here can tell you for certain." We aren't CBP officers. And like @Boiler mentioned, there is nothing barring you from trying to use the B-2 again.

Edited by TM92

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Just now, TM92 said:

When you entered for 70 days you didn't have a job and you were granted entry. I assume your odds are about the same as last time. Like @Luckycuds said, "No one here can tell you for certain." We aren't CBP officers.

I didn't have a job last time entered on a b2, but now I have this job whilst I'm waiting for my k1 visa process. I am not planning on staying as long as 70 days this time, max would be 21 days if I can.

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6 minutes ago, rach3712 said:

I didn't have a job last time entered on a b2, but now I have this job whilst I'm waiting for my k1 visa process. I am not planning on staying as long as 70 days this time, max would be 21 days if I can.

You can go through an airport with preclearance so you will know if you are granted entry sooner rather than later (i.e. Ireland is closer than the US).


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Just now, TM92 said:

You can go through an airport with preclearance so you will know if you are granted entry sooner rather than later (i.e. Ireland is closer than the US).

yes thats what I did last time when I managed to get through with my b2... when I got denied I flew all the way to Fort Lauderdale... it was a horrible experience!! I had no idea what was happening as I didn't know I did anything wrong.  

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You asked the same question elsewhere and received good advice. Asking the same question again doesn't change the outcome. 

 

No entry is ever guaranteed except for USCs. It doesn't matter what we "think" will happen, or what you want to happen. If the officer on duty that day feels you shouldn't be admitted because you are not a bona fide visitor, all the internet posts in the world saying that it will be fine don't make any difference. Nobody here can predict what will happen. The only way to know for sure if you will be admitted is to purchase a plane ticket and present yourself at the border. 


 

 

 

 

 

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2 minutes ago, JFH said:

You asked the same question elsewhere and received good advice. Asking the same question again doesn't change the outcome. 

 

No entry is ever guaranteed except for USCs. It doesn't matter what we "think" will happen, or what you want to happen. If the officer on duty that day feels you shouldn't be admitted because you are not a bona fide visitor, all the internet posts in the world saying that it will be fine don't make any difference. Nobody here can predict what will happen. The only way to know for sure if you will be admitted is to purchase a plane ticket and present yourself at the border. 

where else did u see I asked this question? I always think its better to get as much good advice as I can... no harm in asking is there? thats what people are doing on here, even if the same question has been asked by someone else, they still ask the question.

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1 hour ago, rach3712 said:

where else did u see I asked this question? I always think its better to get as much good advice as I can... no harm in asking is there? thats what people are doing on here, even if the same question has been asked by someone else, they still ask the question.

BE?


“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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1 minute ago, rach3712 said:

u mean b2? 

Nope

 

BE


“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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