Visit to the US

[Chris & Mara 0]

Hi all,

Chris and I filed for our visa in August last year, last week they notified us that they had lost our file and that will need to re-file our application with USCIS.

Needless to say we are both frustrated to all hell and decided that I will go and visit him on a Visa waiver for 3 months (the full 90day duration) just to live together, be together, and for once in our relationship be normal for a while lol.

Anyhow I am hoping for some help through POE.

The last time I entered the states as May last year (exited on the 22nd of June), I will be flying on the 31st of March (arrival same day) and departure on the 22nd of June this time around, so 10 months since last entry. I have already had my ETAS approved and am allowed to fly.

At the boarder I am going to tell them I am there for holidays and I plan to give no more info unless they ask for it.

As my proof of ties to Australia I plan to take with me a letter from the state education board that states that I am a registered teacher until the end of the Australian school year (December 2009), a letter from my parents saying they expect be back in June as I board with them and our August NOA1 that states we are already attempting to legally complete the immigration system and thus don't have intent to stay.

Sadly I dont own a car or home, or have any rates/bills (even my cell is pre-paid) to take with me.

Anybody have any advice for going through POE, hopefully, successfully?

Thanks!! Mara

[Marty J 0]

Well, no two circumstances are the same, but for what it's worth, last year I had two three month visits to the US with 6 months in between. I was worried about going through immigration the second time (at Newark), but in the event, the POE officer didn't ask me a single question about why I was there or how long I was staying.

I know that this doesn't constitute advice, but it might reassure you some.

[Chris & Mara 0]

Well, no two circumstances are the same, but for what it's worth, last year I had two three month visits to the US with 6 months in between. I was worried about going through immigration the second time (at Newark), but in the event, the POE officer didn't ask me a single question about why I was there or how long I was staying.

I know that this doesn't constitute advice, but it might reassure you some.

Your right, no advice, but it does make me feel a whole lot better lol! I think I'll be fine considering how long ago it was since I was there

I am hoping that I get the same customs officer I had on my last POE, who was so very nice and told me to have a wonderful trip lol.

Thank you Marty J

[ACINLOVE 2]

Here is my post: Good luck!

Hi everybody,

I want to tell my experience at port of entry in Newark. First of all let me tell you that I have been in the US several times under VWP: March-June 2007, October-January 2008 and now entered on March 1st 2009 for others 88 days.

There were only 5 officers and I think around 1,000 people before me at Newark on Sunday afternoon. After almost 2 hours after landing I am finally in front of the officer. Here is step by step my experience...hopefully can help somebody...

First question:

-Why you have a new passport?

Me: They stole my wallet in my country and I had my passport in it.

-Are you sure?

Me: Yes I have reported it to the Police in my country and they did a new passport for me along with ID, driver license ecc ecc...

-Show me the report you did at the Police!

Me: I am sorry, I don't have it here. I used it to have my new passport.

-Why you didn't bring the report?

Me: I didn't know I had to. I am sorry.

-What are you doing in the US?

Me: I am visiting my boyfriend

-What does he do?

Me: He works for......

-Since how long do you know him?

Me: One year and a half

-Where did you meet him?

Me: In Ny in.....

-How long are you staying in the US?

Me: 88 days

-Why so long?

Me: I am a student and I can study from here and go back in my country in June to have my exams session.

-Repeat where did you meet your boyfriend?

Me: In Ny in.....(I started to get scared!!!!!)

-Repeat since how long do you know him?

Me: One year and a half ( now I was so scared that I told him that we applied for a K1 visa and we received NOA1)

-Show me the NOA1

Me: Here is it.

-Who is supporting you?

Me: My boyfriend and my parents.

-Do you like America?

Me: Yes I do.

-Do you have a return ticket?

Me: Yes here is it

-I cannot find the flight!!!!

Me: Here is it (of course it was not in English!) I am going back on May...

-Who is paying for your stay?

Me: my boyfriend and my parents (again the same question! I was already imagining myself on the next plane to my country!)

-How much money your parents have in the account?

Me: I don't know exactly sir, I think around.....

-Show me the credit card they gave you!

Me: Here is it sir.

Finally he stamped my passport with 90 days staying.......next time I won't risk it again! I will wait for my visa!

The all "interview" was very long....before to ask me the questions he was looking in my eyes for around 1 minute and then ask the question.

It was not a good experience but I still suggest to try it if you can!

Good luck everybody!

[Bobby+Umit 161]

You really should not have any issues coming in.

Umit was granted 6 months on her trip here in January 09, and she was asked about the K-1.

Just wanted to see the return ticket info.

I hope they are not going to charge you again for the petition filing? Or at least expedite it!

[TimandJoyce 1]

Just be confident, and look them in the eye!! Answer only what you need to, don't give out more information than you have to.

I'll be doing my own travelling soon too. March 20th I'm heading for NYC because I actually have a Greece tour that leaves JFK. On my way back from that (only a week in Greece), I'm going to SC for the month of April. I have NEVER been in the States that long before, however, last May we took a two week road trip down the coast from Washington to California. *Beautiful!!*. I'm sure at that time all they wanted to know what was I doing, where was I going, and when I'm returning to Canada. I must have said "boyfriend", and they didn't even flinch, nor asked to see any proof of ties. This time however, I am bringing some proof, ( letter from employer; the fact that I paid my bills for March and April only etc) just in case.

Best wishes and I hope everything clears up with USCIS. I'd be contacting a senator over that one. You SHOULDN'T have to pay again for something they admit to losing. But that's just my opinion.

[KimandRuss 0]

Nobody can say what you will encounter at POE. Bring what you do have and, if asked, tell the truth.

Just in case you do not know... USCIS list error on their part as guidelines meeting the Expedite Criteria. If they lost your petition and you have proof of that then call the number on that page. Good luck with that.

[ThaitoUSA 15]

I would not recommend you volunteer that you have petitioned for a K-1 visa. If asked, of course be honest, but it might not be best to say, unless asked.

[Chris & Mara 0]

Thanks for all the replies

Yes they lost our case, and the officer at the USCIS office Chris went to admitted it to him and then told him that he should re-file. He gave Chris his direct number and he will be going there tomorrow to fill out the expedite and file our application.

I have no doubt they will charge us to re-file unfortunately.

Thank you all for your offers of support and suggestions about POE, I am going there with my return ticket on a holiday and hoping that is enough and they wont ask any more questions lol

[rebeccajo 14]

Thanks for all the replies

Yes they lost our case, and the officer at the USCIS office Chris went to admitted it to him and then told him that he should re-file. He gave Chris his direct number and he will be going there tomorrow to fill out the expedite and file our application.

I have no doubt they will charge us to re-file unfortunately.

Thank you all for your offers of support and suggestions about POE, I am going there with my return ticket on a holiday and hoping that is enough and they wont ask any more questions lol

Did they tell him he could file it in person?

Unless they did (and gave him something in writing to carry in to prove he was told to do such) I'm not certain they will accept a petition in person. Normally they do not.

But Kim's advice about the expedite is right on. I was going to suggest that you wait until after you enter to re-file. Sounds like that's not far off.................

PS - I wouldn't hand them the NOA1 from the previous filing at their first query of evidence of your return. Not unless you are 'grilled'.

Edited March 9, 2009 by rebeccajo

[Chris & Mara 0]

Thanks for all the replies

Yes they lost our case, and the officer at the USCIS office Chris went to admitted it to him and then told him that he should re-file. He gave Chris his direct number and he will be going there tomorrow to fill out the expedite and file our application.

I have no doubt they will charge us to re-file unfortunately.

Thank you all for your offers of support and suggestions about POE, I am going there with my return ticket on a holiday and hoping that is enough and they wont ask any more questions lol

Did they tell him he could file it in person?

Unless they did (and gave him something in writing to carry in to prove he was told to do such) I'm not certain they will accept a petition in person.

But Kim's advice about the expedite is right on. I was going to suggest that you wait until after you enter to re-file. Sounds like that's not far off.................

PS - I wouldn't hand them the NOA1 from the previous filing at their first query of evidence of your return. Not unless you are 'grilled'.

He is not filing it in person, the officer is going to assist him to file out the Expedite and then he will drop into Fedex to send it to Vermont on the way home lol.

I had suggested to Chris we wait, but the reality is neither of us want to, we filled in the forms and sent them off and thought that we would be together by now, or close to being that way.

[rebeccajo 14]

Thanks for all the replies

Yes they lost our case, and the officer at the USCIS office Chris went to admitted it to him and then told him that he should re-file. He gave Chris his direct number and he will be going there tomorrow to fill out the expedite and file our application.

I have no doubt they will charge us to re-file unfortunately.

Thank you all for your offers of support and suggestions about POE, I am going there with my return ticket on a holiday and hoping that is enough and they wont ask any more questions lol

Did they tell him he could file it in person?

Unless they did (and gave him something in writing to carry in to prove he was told to do such) I'm not certain they will accept a petition in person.

But Kim's advice about the expedite is right on. I was going to suggest that you wait until after you enter to re-file. Sounds like that's not far off.................

PS - I wouldn't hand them the NOA1 from the previous filing at their first query of evidence of your return. Not unless you are 'grilled'.

He is not filing it in person, the officer is going to assist him to file out the Expedite and then he will drop into Fedex to send it to Vermont on the way home lol.

I had suggested to Chris we wait, but the reality is neither of us want to, we filled in the forms and sent them off and thought that we would be together by now, or close to being that way.

Oh, they are going to help him with it? That's most excellent. Wonder if they are willing to give him some 'reinforcement' about the previous lost petition.

I don't blame you for not wanting to wait any longer. Just wanted to let you know it's OK to file while you are in the US. That's what we did.

[Chris & Mara 0]

Thanks for all the replies

Yes they lost our case, and the officer at the USCIS office Chris went to admitted it to him and then told him that he should re-file. He gave Chris his direct number and he will be going there tomorrow to fill out the expedite and file our application.

I have no doubt they will charge us to re-file unfortunately.

Thank you all for your offers of support and suggestions about POE, I am going there with my return ticket on a holiday and hoping that is enough and they wont ask any more questions lol

Did they tell him he could file it in person?

Unless they did (and gave him something in writing to carry in to prove he was told to do such) I'm not certain they will accept a petition in person.

But Kim's advice about the expedite is right on. I was going to suggest that you wait until after you enter to re-file. Sounds like that's not far off.................

PS - I wouldn't hand them the NOA1 from the previous filing at their first query of evidence of your return. Not unless you are 'grilled'.

He is not filing it in person, the officer is going to assist him to file out the Expedite and then he will drop into Fedex to send it to Vermont on the way home lol.

I had suggested to Chris we wait, but the reality is neither of us want to, we filled in the forms and sent them off and thought that we would be together by now, or close to being that way.

Oh, they are going to help him with it? That's most excellent. Wonder if they are willing to give him some 'reinforcement' about the previous lost petition.

I don't blame you for not wanting to wait any longer. Just wanted to let you know it's OK to file while you are in the US. That's what we did.

Yeah, We are hoping for our NOA2 whilst Im there which is why Chris is pushing to file this week (though part of me thinks he wont get the chance with work), wondering if perhaps there is a way I can have my medical for it done in the US so all i have to do in Aus will be fingerprints and Interview (AU interview costs 500 bucks, would be cheaper in the US as Chris' health insurance covers me).

[damienandelyse 0]

Chris & Mara,

Thats rough getting your application lost, geeze thats the worst

I am a NZer living and working (on a 2 weeks on weeks off rotation) in Canada and my US wife lives in Colorado, subsequently i pass through MSP customs once a month on an I-94w (which once got me well interrogated out the back) but over the last two years of this frequency i have got to know them well enough that they're not so concerned with me anymore.

During a discussion once the supervisor at the US customs he told me that when i pass through I must declare our NOA1s for I-130/I129F to the agent and that if i didn't then i risk getting denied entry and sent back to Canada. Therefore i do, especially since the know who i am. As usual they always ask for proof of return flight now and last time the agent recommended i keep my old boarding stubs on me for proof of departure. The agents always ask the same questions, where are you going? who are you visiting?, why? and how long? where do you work? what do you do? to get the ball rolling.

What I am getting at is that sure you could probably pass through without declaring your application and who youre really visiting but when they find out (pretty quickly because you will be nervous ) that youre visiting your fiance they will start asking a lot more questions because their #1 concern is that you might not leave. Personally, i really think you should be completely open about everything that youre doing and why and put it all on the table straight up like you have nothing to hide. You have good reason to be visiting the US (your file got lost!) , just make sure you have all your USCIS letters, proof they lost your file, proof that you have a place to go back to in Oz (job?) would help hugely, take proof that you visited once before and left prior to 90 days also, proof of major savings if you're going for 90 days...all in case you need it. You really need to make them feel assured that youre only visiting. If you have a really weak case then perhaps it best to plan to answer the questions when they arrive and hope for an easy agent.

Remember these guys are trained to try to pick out people that are not telling the truth or being completely honest and bombard you with quick questions and that is how they test you , but theyre mostly nice, and human- so they know when youre being honest (eg acinlove's experience). Word of advice...don't start off by saying youre going to visit a friend and then change to fiance, that could be a bad start.

Good luck and best wishes!

[Chris & Mara 0]

Chris & Mara,

Thats rough getting your application lost, geeze thats the worst

I am a NZer living and working (on a 2 weeks on weeks off rotation) in Canada and my US wife lives in Colorado, subsequently i pass through MSP customs once a month on an I-94w (which once got me well interrogated out the back) but over the last two years of this frequency i have got to know them well enough that they're not so concerned with me anymore.

During a discussion once the supervisor at the US customs he told me that when i pass through I must declare our NOA1s for I-130/I129F to the agent and that if i didn't then i risk getting denied entry and sent back to Canada. Therefore i do, especially since the know who i am. As usual they always ask for proof of return flight now and last time the agent recommended i keep my old boarding stubs on me for proof of departure. The agents always ask the same questions, where are you going? who are you visiting?, why? and how long? where do you work? what do you do? to get the ball rolling.

What I am getting at is that sure you could probably pass through without declaring your application and who youre really visiting but when they find out (pretty quickly because you will be nervous ) that youre visiting your fiance they will start asking a lot more questions because their #1 concern is that you might not leave. Personally, i really think you should be completely open about everything that youre doing and why and put it all on the table straight up like you have nothing to hide. You have good reason to be visiting the US (your file got lost!) , just make sure you have all your USCIS letters, proof they lost your file, proof that you have a place to go back to in Oz (job?) would help hugely, take proof that you visited once before and left prior to 90 days also, proof of major savings if you're going for 90 days...all in case you need it. You really need to make them feel assured that youre only visiting. If you have a really weak case then perhaps it best to plan to answer the questions when they arrive and hope for an easy agent.

Remember these guys are trained to try to pick out people that are not telling the truth or being completely honest and bombard you with quick questions and that is how they test you , but theyre mostly nice, and human- so they know when youre being honest (eg acinlove's experience). Word of advice...don't start off by saying youre going to visit a friend and then change to fiance, that could be a bad start.

Good luck and best wishes!

Damien,

Thank you for your honesty and advice, I have been through POE before and told them that I was visiting my BF, every time I have visited the US I have used his Address, so that is all on record. Lieing at this point about that would be stupid. When they ask them why I am here I plan on saying Holiday, which is the complete truth, if they ask then ask me who I am staying with/visiting I will say my Fiance. It may shoot me in the foot, or it may be the best thing I do, I wont know until I get through LA. I feel they may give me a hard time, but I will have my return flight, a letter from my Parents saying i am coming back to board with them again, as well as a letter from the QLD Education board saying im a registered QLD teacher until the end of the year. I also plan to take both NOA1's (if we have the second one by then). I think that the fact that we filed, they lost it, and so we filed again should convince them that we intend to do this the legal way As for money, I wont have major savings, probably 4k in the bank plus my Credit card. Though I have never previously been asked about my financial situation.

Once again, thank you to all that have replied, you have really made me feel much more prepared for whatever happens at the boarder.

Mara