Going through a rought time, needing some sound advice.

[Gemmie 142]

Hi Lee,

First of all, I'm really sorry that you're feeling so depressed right now.

I'm in a similar position as you are right now, except I've never applied for a B2 visa. In the past 3 years, I've used the VWP a total of 7 times... the amount of time spent in the US varies from 4 days to 6 weeks. I'd never really had any problems until recently. On my last visit in September, the officer was extremely concerned when he saw my passport stamps and questioned me for quite some time about my intentions, my fiance, my rights, my ties to the UK... I showed him some evidence that I was returning and my ticket, and eventually he was satisfied (or at least found no reason to deny me entry). However, I was also questioned again after I left the room and my suitcase was searched. I don't know if this was a random inspection, or a result of the red "A" that the officer had written on my immigration form. It was very distressing getting through POE, especially after having no problems beforehand.

I'm going to attempt again one last time in December to visit the family for Christmas. It will only have been 3 months since my last visit and 3 months since the visit before that (one visit for 6 weeks, one for 3), so I have no idea if I will be denied. I will take as much evidence as possible along with me, along with a copy of the NOA1 recieved in August. We're not expecting the NOA2 until the end of December.

Personally, if I were in your position, I would wait until you get the NOA2 seeing as it's "due" any day now. The process goes much quicker afterwards and I'm guessing you could be in the US with your visa anytime from December-March (personal estimate, there are other timelines to help). It CAN take longer though as you know. Are you willing to take the risk of getting your NOA2 while you're in the states and not being able to continue with the rest of the process at the time? Especially if you want to go for 90 days.

Do you have everything ready for the next step? Do you have your police certificate, are your injections up-to-date, do you know what forms you need to fill and documents needed, do you have evidence of an ongoing relationship / financial evidence from your fiancee? If so, I would personally wait until you receive Packet 3 from London, and then send all the essential files off. You'll have your medical and interview and be ready to go, if all goes well.

I understand how hard it is to be apart from your fiancee, we've been doing this for years now. The only reason I'll attempt getting into the US in December is because I won't be able to move until next July, among other reasons. But you're in the home stretch.

[Lee W 0]

Hi Lee and welcome to VJ

I hope you find comfort in all the answers given to you...everyone here is extremely helpful and in the same boat as you. It is very very difficult I know I only just got back from seeing my other half and I have three weeks til me USEM interview...if you check some timelines on here like mine for instance it doesn't take long at all til you get an interview. I would say 2 months at the most from your NOA2 if you have everything prepared and ready to send to the embassy.. if you decide to visit before getting your NOA2 or after, and you get denied at a POE, it will not affect your K1 visa status at all. But hey saving money is a good thing and it will help while the credit crunch is on that seems to be biting us all..

If it makes you feel better I got a good walloping and a grilling last week after the IO finally let me in...what a nightmare but it was very worth it!!! You'll be alright hon

Much appreciated wifetobe

Thank you all for making me feel welcome. I have found comfort before now in just reading the topics on the site and what it has to offer. I'm glad it's here for everyone. I also hear you loud and clear, money is an issue - we'd probably just have enough to afford what I was currently looking to do. Also the more I save here, the more we have there as the exchange rate stands.

I would like to say I feel better that someone else has had it rough, but it doesn't. The opposite in reality. I wish the process was easier for everyone (although I know it was even harder years ago). I'm not sure how much of a factor this has, but I actually have an Aunt in the US who went through the process some years ago. Does this help in any way?

[Lee W 0]

Is your girl pressuring you to come over? What do you mean - respecting her feelings and what she decides to do?

Americans have a tendency to be impatient. I've observed that a lot of people from the UK are a bit more pragmatic and have a more tolerant approach to lifes hassles. My sweet UK man was my rock during our process - he calmed me down and soothed me.

Am I picking up that your girl should learn to appreciate your steadfast qualities and apply them a bit to your relationship? That's one of the things I love the most about my husband - he calms me down.

No pressure, she's just going through a lot on her own with two kids, and little support. I'm usually a great source of comfort and I do calm her, she's just having it exceptionally difficult lately. The comfort over distance can only help so much, you know?

[Gemmie 142]

I wish the process was easier for everyone (although I know it was even harder years ago). I'm not sure how much of a factor this has, but I actually have an Aunt in the US who went through the process some years ago. Does this help in any way?

I've heard that the process was much easier in the past actually.. I think it was 2003 (?) that it started to kick in and it went on from there.

[Lee W 0]

Hi Lee,

First of all, I'm really sorry that you're feeling so depressed right now.

I'm in a similar position as you are right now, except I've never applied for a B2 visa. In the past 3 years, I've used the VWP a total of 7 times... the amount of time spent in the US varies from 4 days to 6 weeks. I'd never really had any problems until recently. On my last visit in September, the officer was extremely concerned when he saw my passport stamps and questioned me for quite some time about my intentions, my fiance, my rights, my ties to the UK... I showed him some evidence that I was returning and my ticket, and eventually he was satisfied (or at least found no reason to deny me entry). However, I was also questioned again after I left the room and my suitcase was searched. I don't know if this was a random inspection, or a result of the red "A" that the officer had written on my immigration form. It was very distressing getting through POE, especially after having no problems beforehand.

I'm going to attempt again one last time in December to visit the family for Christmas. It will only have been 3 months since my last visit and 3 months since the visit before that (one visit for 6 weeks, one for 3), so I have no idea if I will be denied. I will take as much evidence as possible along with me, along with a copy of the NOA1 recieved in August. We're not expecting the NOA2 until the end of December.

Personally, if I were in your position, I would wait until you get the NOA2 seeing as it's "due" any day now. The process goes much quicker afterwards and I'm guessing you could be in the US with your visa anytime from December-March (personal estimate, there are other timelines to help). It CAN take longer though as you know. Are you willing to take the risk of getting your NOA2 while you're in the states and not being able to continue with the rest of the process at the time? Especially if you want to go for 90 days.

Do you have everything ready for the next step? Do you have your police certificate, are your injections up-to-date, do you know what forms you need to fill and documents needed, do you have evidence of an ongoing relationship / financial evidence from your fiancee? If so, I would personally wait until you receive Packet 3 from London, and then send all the essential files off. You'll have your medical and interview and be ready to go, if all goes well.

I understand how hard it is to be apart from your fiancee, we've been doing this for years now. The only reason I'll attempt getting into the US in December is because I won't be able to move until next July, among other reasons. But you're in the home stretch.

Very informative, thank you Gemmie

I have not got anything ready for the next step yet, I was waiting to do it all as soon as the NOA2 had been approved. To be honest, it's been challenging doing this ourselves without a Lawyer.

I would probably visit for 30 days, and come back earlier if we got the package through here at my residence in the UK. Of course, it's more money to change the ticket, so I'm sure we both feel it's money better saved.

I'm sorry you've had to do something similar to me Gemmie. I can empathise with that.

I wish the process was easier for everyone (although I know it was even harder years ago). I'm not sure how much of a factor this has, but I actually have an Aunt in the US who went through the process some years ago. Does this help in any way?

I've heard that the process was much easier in the past actually.. I think it was 2003 (?) that it started to kick in and it went on from there.

Sorry, I'm talking 15+ years ago now that my Aunt immigrated there to be with her husband. I should have made that clear.

[Gemmie 142]

Someone correct me if I'm wrong, but I don't think there was a visa needed or much paperwork to marry and stay in the US in the past (even 15 years)? My fiance's grandmother is British, she came with nothing to file. Then again, that was yeeeears ago. People are often surprised at how difficult it is nowadays.

[Laura+Tom 2]

Well theres lots more to take into account now such as terrorism etc.

[Lee W 0]

Someone correct me if I'm wrong, but I don't think there was a visa needed or much paperwork to marry and stay in the US in the past (even 15 years)? My fiance's grandmother is British, she came with nothing to file. Then again, that was yeeeears ago. People are often surprised at how difficult it is nowadays.

I see. All I know is it took them about 2 years in all. I do know that her husband had to become a citizen first, as he was living there as what I would assume would be a Permanent Resident?

In the end she went down to the embassy and grilled them about the Visa, and they let her have one soon after. I don't have all the details, as this is all she has mentioned to me. At the time she was pregnant with thier first child too....I can't even imagine how it must have been for them.

[rebeccajo 14]

Someone correct me if I'm wrong, but I don't think there was a visa needed or much paperwork to marry and stay in the US in the past (even 15 years)? My fiance's grandmother is British, she came with nothing to file. Then again, that was yeeeears ago. People are often surprised at how difficult it is nowadays.

I see. All I know is it took them about 2 years in all. I do know that her husband had to become a citizen first, as he was living there as what I would assume would be a Permanent Resident?

In the end she went down to the embassy and grilled them about the Visa, and they let her have one soon after. I don't have all the details, as this is all she has mentioned to me. At the time she was pregnant with thier first child too....I can't even imagine how it must have been for them.

If you do some googling, I think you'll all find that Lee is correct. Processes used to take much longer and there was actually less transparency.

Perhaps post WWII you could land here with little or no paperwork hassles. Things changed much through the years, largely through political pressure to try and restrict certain immigrant groups.

[Lee W 0]

Someone correct me if I'm wrong, but I don't think there was a visa needed or much paperwork to marry and stay in the US in the past (even 15 years)? My fiance's grandmother is British, she came with nothing to file. Then again, that was yeeeears ago. People are often surprised at how difficult it is nowadays.

I see. All I know is it took them about 2 years in all. I do know that her husband had to become a citizen first, as he was living there as what I would assume would be a Permanent Resident?

In the end she went down to the embassy and grilled them about the Visa, and they let her have one soon after. I don't have all the details, as this is all she has mentioned to me. At the time she was pregnant with thier first child too....I can't even imagine how it must have been for them.

If you do some googling, I think you'll all find that Lee is correct. Processes used to take much longer and there was actually less transparency.

Perhaps post WWII you could land here with little or no paperwork hassles. Things changed much through the years, largely through political pressure to try and restrict certain immigrant groups.

Thank you for clearing that up rebeccajo.

I have briefly mentioned my plans to fiancee (her life is hectic at the moment and it was a hard night on both of us), and she is just trying to process it all and make sure that there is no doubts about the facts.

Does anyone know about how the ESTA affects my chances of visiting in the situation, if I was refused by it? It's a source of worry. I'll try to research online now.

[Lee W 0]

OK, so I found someone on another forum in a situation not too far removed from mine. A bit of luck maybe.

It seems uncertain what effect the ESTA has at the moment, but that being said after being refused a B-2 Visa 2 times, it does seem more likely to be "interviewed" further by the IOs at POE. The ESTA seems to automatically refuse those who have put they have been refused a Visa before, regardless of personal circumstances - which is understandable as a computer system can only do the command it has been told.

So it seems they are trying to avoid having to question people at POE based on these new rules in 2009. This is at least my understanding.

I think post ESTA, people applying for the K-1 may start to have more trouble due to this previous Visa refusal. In theory, in these circumstances you don't necessarily qualify for the VWP (but may - providing your intentions can be proved that you only want to visit and will return to your home country) and you don't necessarily qualify for a B-2 (but may - providing you can convince the consular officer of your intentions to be "on holiday" there). It's a shame this is so uncertain.

[Lee W 0]

Well here you go and I hope it makes you smile!!

NOWWWWWWW for the entertainment!!

YES REALLY..do not QUESTION ME!

HERE HE IS!! THE ONE THE ONLY GUITER KITTY

*sings* OOOH YA you are missing your babyyyy and I need some cat food

It wont be long till you see your babyyyyyyy SOOO freaking smile DUDEEEEE

OHH YAAAAAAA

hahah...SEE what lack of SLEEP does!

hope you feel better...WE VJers gotta hold each other up ya know

I just caught this post, and thank you greatly, I mean it. This site is a godsend.

[rebeccajo 14]

OK, so I found someone on another forum in a situation not too far removed from mine. A bit of luck maybe.

It seems uncertain what effect the ESTA has at the moment, but that being said after being refused a B-2 Visa 2 times, it does seem more likely to be "interviewed" further by the IOs at POE. The ESTA seems to automatically refuse those who have put they have been refused a Visa before, regardless of personal circumstances - which is understandable as a computer system can only do the command it has been told.

So it seems they are trying to avoid having to question people at POE based on these new rules in 2009. This is at least my understanding.

I think post ESTA, people applying for the K-1 may start to have more trouble due to this previous Visa refusal. In theory, in these circumstances you don't necessarily qualify for the VWP (but may - providing your intentions can be proved that you only want to visit and will return to your home country) and you don't necessarily qualify for a B-2 (but may - providing you can convince the consular officer of your intentions to be "on holiday" there). It's a shame this is so uncertain.

I don't see how the implementation of ESTA will impact VWP travel whilst a K1 is in process. A visa petition is just that - a petition. There is no denial of a visa until after the petition reaches the consulate and the beneficiary has been interviewed. Most people who use the VWP have never filed for a visitor visa. So unless a B visa has been denied, I don't see any way the normal K1 applicant traveler could be impacted by ESTA.

Here's information on ESTA:

http://www.cbp.gov/xp/cgov/travel/id_visa/esta/esta_faq.xml

[Lee W 0]

OK, so I found someone on another forum in a situation not too far removed from mine. A bit of luck maybe.

It seems uncertain what effect the ESTA has at the moment, but that being said after being refused a B-2 Visa 2 times, it does seem more likely to be "interviewed" further by the IOs at POE. The ESTA seems to automatically refuse those who have put they have been refused a Visa before, regardless of personal circumstances - which is understandable as a computer system can only do the command it has been told.

So it seems they are trying to avoid having to question people at POE based on these new rules in 2009. This is at least my understanding.

I think post ESTA, people applying for the K-1 may start to have more trouble due to this previous Visa refusal. In theory, in these circumstances you don't necessarily qualify for the VWP (but may - providing your intentions can be proved that you only want to visit and will return to your home country) and you don't necessarily qualify for a B-2 (but may - providing you can convince the consular officer of your intentions to be "on holiday" there). It's a shame this is so uncertain.

I don't see how the implementation of ESTA will impact VWP travel whilst a K1 is in process. A visa petition is just that - a petition. There is no denial of a visa until after the petition reaches the consulate and the beneficiary has been interviewed. Most people who use the VWP have never filed for a visitor visa. So unless a B visa has been denied, I don't see any way the normal K1 applicant traveler could be impacted by ESTA.

Here's information on ESTA:

http://www.cbp.gov/xp/cgov/travel/id_visa/esta/esta_faq.xml

It's cleared some things up, thank you rebeccajo.

[rebeccajo 14]

Oh, you're welcome.

I wasn't trying to shoot you down. It's good to sort these things through conversation and research. It is something new and will have to sort itself - but from the outside there doesn't appear to be any problems.