Messinia

Hi Forum Members,

I'm the spouse/husband of an E3 holder who is currently working in the U.S. My E3D was approved at the U.S. Embassy in Sydney, and I'm about to head to the United States to enter under this visa.

I don't want to sit around for three months waiting for my EAD to be approved, so can I enter the U.S. under the visa, submit/mail the paperwork including I-765 and the other documents to the USCIS, and then return home and continue working in Australia until the USCIS sends the EAD?

More specifically, how long do I have to remain in the U.S. (if at all) once I've mailed the documents?

Thank you.

Regards,

Messinia

No need to bring those documents, but I would carry some proof of return- ticket to Canada, letter from employer stating when you are expected back, lease of home etc

Continuation of this story - given that I am banned from the VWP and use my B1/B2 visa to travel to the U.S. (I've been to the United States 5 times now in the last few years on that visa). Each time I enter the border, I am automatically sent to secondary inspects. Sometimes I wait an hour, another time it was four hours.

On my last visit only a few weeks ago, I asked to speak to a supervisor. They told me that an avenue had been opened where I can apply online, and present my case in order to have myself removed from the 'Watch List' and thus avoid the hold up. The Supervisor told me there were no guarantees and that I would likely remain on this 'Watch List' always and be sent to Secondary Inspections.

The program is called DHS TRIP. Is there a standard approach to this to maximise my chances of having myself removed from this list so I can cross the U.S. Border without hassle?

Hi there,

Many years ago I stupidly overstayed my VWP and quite rightly got my 10yr ban and of course ineligible for VWP now.

The ban has now expired and I'm hoping to be able to go visit my kids in Utah sometime either the end of the year or early next year.

I'm just worried that when I go to the Embassy to apply for my visa I wont be able to show enough ties to the UK for them to be able to approve it.

I don't own a home, nor am I in a rental contract. With the work situation in the UK at the moment I'm working for an employment agency so although I'm generally working full time I don't know if this would be classed as full time employment.

I do own a car, have mobile phone contract, credit cards and bank accounts here but how much would that help in proving ties?

My girlfriend is in full time employment (in a job that she's been in for 20 years so is unlikely to walk away from) but would the Embassy take that into account at all?

I only wish to be able to visit for a couple of weeks as I haven't seen the kids in quite a few years and hopefully be able to visit occasionally in the future.

Should I:

Hope for a 10yr visa with multiple entries?

Hope that they might allow me a shorter term visa with just one entry so I can show that I will be returning?

Or accept that I will probably never be able to go back over there?

Thanks for reading

Even if they give you the visa, they can deny you at the border. I overstayed on the VWP. Banned from the VWP, but not a 10-year ban. When I entered the U.S. recently under a tourist visa, I had to go to secondary inspections and prove to them that I have ties to my home country. And they told me that I'll have to do this every time I cross the border.

No need to bring those documents, but I would carry some proof of return- ticket to Canada, letter from employer stating when you are expected back, lease of home etc

Actually, as it turned out, I did need my marriage and divorce papers.

There's no definite answer to this. I've been wondering that myself. I have the feeling it does though. I've been to three different interviews. First one was fairly long, second one was as expected and the third one was literally two questions.

I've also traveled on the VWP probably 10 - 12 times, even while I've been married to a USC and they never seem to ask more than a question or two.

There's no definite list of what's acceptable to the CO either. Anything and everything that can show ties to Australia. I knew a guy who used his adoption papers for his dog.. The CO actually laughed and complimented his creativity.

All kidding aside, an employment letter maybe coupled with your most recent pay stubs will get you far. Do you have any events that you might be going to in Australia after your vacation? If you have tickets for these or invitations, that'll get you somewhere too.

If I were in your shoes, I'd expect them ask a few questions about why you overstayed your first time, and I'd expect a couple questions about how/why your last relationship ended.

Let us know how it goes!

Update on this thread. I have just recently returned from my two week vacation in the United States.

So I obtained the B2 Tourist Visa in April last year. And last month I attempted entry through the San Francisco PoE. They said I had an "issue" with my passport and sent me to secondary inspections. After having to wait for 3 hours, they finally called me up to ask me questions. They asked about my previous visits, about the marriage, divorce etc. I had my paperwork ready (marriage certificate, divorce papers, my itinerary for this trip, employment letter, lease documents). The official was rude to me, but I just answered his questions truthfully and he then stamped my passport for a six month stay.

It was awesome to be able to holiday in the United States again. I returned to Sydney this week. The PoE official said that I would need to carry copies of marriage certificate/divorce papers and other documents every time I enter the United States.

Secondary Inspections is not a pleasant place. Be prepared, be honest, and all should go well.

Haha..

Since it was only a day, a long time ago I doubt you'll be interrogated about it. Do expect a question or two though. Australians without major past violations or highly unusual travel movements aren't really their main concern. But they will see the elephant, and they will ask.

Congrats on getting the visa!

Thanks. Now looking forward to taking some holidays at year-end.

No need to bring those documents, but I would carry some proof of return- ticket to Canada, letter from employer stating when you are expected back, lease of home etc

Anyone would think they'd ask a thousand questions about the elephant-in-the-room.

Now that my B1/B2 visa has been approved, and given my past with the U.S. Immigration authorities, does this mean that I need to carry original documents (prior marriage cert, divorce papers, prior travel tickets/stubs etc) whenever I pass through a PoE?

I know I can still be refused entry even with a visa and I want to be prepared.

There's no definite answer to this. I've been wondering that myself. I have the feeling it does though. I've been to three different interviews. First one was fairly long, second one was as expected and the third one was literally two questions.

I've also traveled on the VWP probably 10 - 12 times, even while I've been married to a USC and they never seem to ask more than a question or two.

There's no definite list of what's acceptable to the CO either. Anything and everything that can show ties to Australia. I knew a guy who used his adoption papers for his dog.. The CO actually laughed and complimented his creativity.

All kidding aside, an employment letter maybe coupled with your most recent pay stubs will get you far. Do you have any events that you might be going to in Australia after your vacation? If you have tickets for these or invitations, that'll get you somewhere too.

If I were in your shoes, I'd expect them ask a few questions about why you overstayed your first time, and I'd expect a couple questions about how/why your last relationship ended.

Let us know how it goes!

The visa was approved.

There's no definite answer to this. I've been wondering that myself. I have the feeling it does though. I've been to three different interviews. First one was fairly long, second one was as expected and the third one was literally two questions.

I've also traveled on the VWP probably 10 - 12 times, even while I've been married to a USC and they never seem to ask more than a question or two.

There's no definite list of what's acceptable to the CO either. Anything and everything that can show ties to Australia. I knew a guy who used his adoption papers for his dog.. The CO actually laughed and complimented his creativity.

All kidding aside, an employment letter maybe coupled with your most recent pay stubs will get you far. Do you have any events that you might be going to in Australia after your vacation? If you have tickets for these or invitations, that'll get you somewhere too.

If I were in your shoes, I'd expect them ask a few questions about why you overstayed your first time, and I'd expect a couple questions about how/why your last relationship ended.

Let us know how it goes!

Thanks for the feedback. I feel I have a 40 per cent chance of actually being approved.

Re Bank Statements - would a simple balance of all cash accounts be sufficient, or do I require a few months worth of statements?

Yes, a prior marriage and K-1 visa shows immigrant intent. But it doesn't show current immigrant intent.

Bring anything with you that shows ties to Australia.. Employment letter and pay stubs, if you don't own real estate, do you at least have a rental agreement? How about a car?

My girlfriend's name is on the rental agreement and I sublet from her. Are there any official forms available that I can complete and that will be acceptable to the CO?

Yes, a prior marriage and K-1 visa shows immigrant intent. But it doesn't show current immigrant intent.

Your immigrant intent was based on your marriage to a US citizen, the basis for that intent no longer exists and you left the country once that basis was gone. I think that plays in your favor, vs having tried to i.e. adjust status after divorce etc.

The past overstay, I don't know. I know they don't take kindly to overstays, but given that it was one day nearly a decade ago and you're from a VWP country I doubt they'll hold it against you for as long as you live. You were denied entry at LAX because you tried to visit without a visa - which you're ineligible to do given the previous overstay.

Bring anything with you that shows ties to Australia.. Employment letter and pay stubs, if you don't own real estate, do you at least have a rental agreement? How about a car?

Thanks for your reply. I'll find out soon if I am approved or not - my interview is next week.

Does the fact that a previous visa has been approved make it any easier in the sense that an applicant has already jumped through the hoops and been approved?

They are going to ask about both, but assuming you have decent ties to Australia (job, family, property etc), I'd think you have a pretty good chance of getting the visa.

Thank you for your reply.

I have a great career (permanent job) that I love, but no real estate - not yet anyway. I see these horror stories all over the forums of people with a lot more being denied tourist visas. And will the one-day overstay really count as a black mark? I've paid for this one already after being denied entry at LAX.

The question is one of does the prior K1 visa and marriage mean 'immigration intent'. Well, my answer would be that the moment I knew the marriage was over, I departed promptly and returned to Australia. Will that be good enough for the Consular Officer?

I want to know what my chances are of obtaining a tourist visa despite my past with U.S. Immigration.

I was barred from the VWP in the early 2000's after a one-day overstay.

Later obtained a K1 visa. Returned to the US, and married. The marriage did not work and I returned home.

8-years later and now wish to take a short trip to the U.S. for sightseeing purposes and to transit through on the way to Canada.

Is the marriage situation from my past and the bar from the VWP going to affect my B2 application?

Must the Affidavit of Support be completed with the initial K-1 petition or is it done for the Embassy?

What happens if you don't include it at the initial stage?

The affidavit of support is for the Embassy/Consulate Interview stage - it is not to be submitted with the I-129F Petition. So if you didn't - you're just fine.

Thank you.

Must the Affidavit of Support be completed with the initial K-1 petition or is it done for the Embassy?

What happens if you don't include it at the initial stage?

Thank you.

I have a question regarding paying for the $455 visa processing fee.

Does the U.S. sponsor have to do this from their own bank account, or can I (as the beneficiary) pay it via money order from where I am in Australia?

The address used for mail is the US Citizen petitioner address on form I-129F.

After NOA2, the petition goes to NVC and on to the consulate, the consulate will send packets to foreign citizen's address noted on form I-129F

NVC notification goes to US address.

Note the only important notice from USCIS is NOA2 which is needed later adjusting status, NOA2 gets mailed to petitioner's address.

Thank you for that.

My G-325a has a supplemental for the employment and residency questions - I've moved around quite a lot and worked - is that stapled to each G325a form when sending in the package?

I'm the foreign fiance filling out the G-325a, but I would like the notification after NOA2 sent to my Post Office box in Australia. There's no space to put it on this form. Is it put on on the I-129F by the U.S.-sponsor?

Thank you