90 Day Visa Waiver Program / Resetting

[KnightAndMagpie 7]

Hello everyone, I'm sure this question is often asked and if it is I'd like to duly apologize in advance and thank you for taking the time to respond to me

I called my USCIS office here in Anchorage about getting my fiancee over here for the 90 days. My Fiancee is from the UK so she doesn't need a visa to stay here for those 3 months, from what I understand. The K1 I filed for her is in the works, but because God hates the West Coast and adores the East Coast, I am cursed (as is she) to wait forever and ever to actually come here and stay past 3 months.

I asked the lady at the office if my fiancee could come here and stay the 3 months, go back to the UK, then come back again. The lady basically said, "No. Border Security will need a good explanation as to why she's going right back. She cannot live in the US until her visa is processed."

So I guess my question is, how -do- you reset the 90 day timer and will her being away jeopardize her visa processing?

The biggest reason I'm asking this is because my fiancee is having severe familial problems and being in her home isn't the greatest place for her to be right now. I realize this is vague, but take my word for it when I say that things are not nice.

If not, do you think if I explained the situation in detail to my congressman that he'd look over my case and see if the backlagged folks in California could step it up a notch?

Thanks again guys, anything you have to say is appreciated.

[Kez/JWolf 6]

There is no way to reset the 90 day clock..... if she came over on the VWP and was able to prove she had enough ties to her home country and was admitted she would have to leave before the 90 days were up..... if she then say went to canada or anywhere for a few days and then tried to re-enter the USA she would be denied entry and returned at her own expense to the UK....

AS for asking your congressman to help speed up your K1 application, it would be unlikely to make any diffrence as your case is within normal processing time frame....

Kez

[damienandelyse 0]

There is no way to reset the 90 day clock..... if she came over on the VWP and was able to prove she had enough ties to her home country and was admitted she would have to leave before the 90 days were up..... if she then say went to canada or anywhere for a few days and then tried to re-enter the USA she would be denied entry and returned at her own expense to the UK....

AS for asking your congressman to help speed up your K1 application, it would be unlikely to make any diffrence as your case is within normal processing time frame....

Kez

On the gov.state website, resetting the clock is regarded as leaving the american continent, until then your 90 days is still ticking away, she would have to go back to europe or somewhere else beyond canada and central america before returning. She can get several 90 day visa waivers in a year but if she is spending the majority of her time in the USA and very short trips away then customs will see that and if they think she is trying to "live" in the USA then she will most likely be denied. Also, whatever she does, do not do anything illegal, as she may also experience some intense interrogation in customs upon numerous visa waivers with very short trips back to the UK, this interrogation (with tactics) will most likely cause you to admit to any use of illegal substances or illegal employment in the USA while she is there, if you admit that to customs officers then they give you a 5 yr ban and big headache. (thats from experience, but fortuntately i was and am clean)

Basically you just dont want to look like she is living there, I think if she made a 2 1/2 month trip to anchorage, then went back to UK for a month or more, worked a bit, then made one more trip then i dont think customs would have a problem with that, and by then your K-1 will probably be about ready.

I have heard numerous heartaching stories due to complications stemming from simply overstaying a visa, whatever you do dont let that happen.

An option for you maybe for her to get a canadian work visa under the WHP and live and work in canada, she will then be able to make frequent trips to alaska and use visa waivers with out having to leave the continent to get a new one, but the "are you effectively living in usa" still applies. but you could visit canada as well.

good luck

my last couple years has been a visa roller coaster!

Edited March 31, 2008 by damienandelyse

[nane1104 146]

I was advised that you can't travel to the US while your K-1 is being processed. I guess the problem is that Immigration might assume that the person wants to stay here already, abandon the K-1 and just file for AOS!?

I don't know about that but I know that people made it to the US without problems while their K-1 got processed because they had enough "ties" to their homecountry to proof that they would go back home and wait for their visa.

But I don't know about the entering-leaving-re-entering stuff, that really sounds like it will cause problems.