Married on Visa Waiver (Advice Needed)

[recentlymarried!! 0]

You are one lucky person... it's gotta be an oversight at the POE. Normally they will question you to pieces for coming back 3 weeks later. A lot of people get sent back for grounds of being an intending immigrant. You can't adjust status while on VWP by the way. It's written all over the place that's not permissible.

Ummm I really think people should check facts before posting info as truth. Not only did I adjust status on a VWP and get my green card (through marriage to a USC) but I too did a number of visiting trips during 2008, some only 3 weeks apart and have never been questioned! My intentions were totally above board but my point is that everyones situation is different. We shouldn't judge but give the right advice as we know best, and if it's a topic we don't know, let's not speculate but point them in the right direction. I know I've had a lot of helpful advice from VJ forums and other friends that have gone thru green card process

[Jonara 0]

You are one lucky person... it's gotta be an oversight at the POE. Normally they will question you to pieces for coming back 3 weeks later. A lot of people get sent back for grounds of being an intending immigrant. You can't adjust status while on VWP by the way. It's written all over the place that's not permissible.

The other bolded text is also incorrect. As an example, I entered 31 times in one year on VWP never an eyebrow was raised. There are two classes of VWP T and B we do not know which the OP entered on.

The OP would well astacles he is unaware of.

Good luck to both of you advised to seek at least an initial consultation with an attorney. Whilst technically he can follow the path he has indicated there may be certain obnd congrats btw.

That's what happened to my fiance and another friend. There were told that VWP is not to be used to go in and out and these are last year's encounter at the POE. What is the difference between T and B?

[lechatnoir 0]

I think it really depends on their mood! My now husband came to visit me last year for about 8 weeks and then went back to Denmark. By the time he came back here again in March of this year, they actually gave him a bit of a hard time about coming back so soon and he hadn't been to the US in over 6 months! They let him in fine without any real problem but they told him he should wait at least a year before he comes back again.

[fordman 0]

You are one lucky person... it's gotta be an oversight at the POE. Normally they will question you to pieces for coming back 3 weeks later. A lot of people get sent back for grounds of being an intending immigrant. You can't adjust status while on VWP by the way. It's written all over the place that's not permissible.

The other bolded text is also incorrect. As an example, I entered 31 times in one year on VWP never an eyebrow was raised. There are two classes of VWP T and B we do not know which the OP entered on.

The OP would well astacles he is unaware of.

Good luck to both of you advised to seek at least an initial consultation with an attorney. Whilst technically he can follow the path he has indicated there may be certain obnd congrats btw.

That's what happened to my fiance and another friend. There were told that VWP is not to be used to go in and out and these are last year's encounter at the POE. What is the difference between T and B?

T= Tourist

B= Business

I have used the VWP to visit the US for 9 months at a time with only an 8 hour visit to Heathrow every 3 months... No real hassle from Immigration at LAX.

I would imagine that as long as you are let on the plane (ie. your name isn't flagged), your probably OK.

[Boiler 46,034]

You are one lucky person... it's gotta be an oversight at the POE. Normally they will question you to pieces for coming back 3 weeks later. A lot of people get sent back for grounds of being an intending immigrant. You can't adjust status while on VWP by the way. It's written all over the place that's not permissible.

The other bolded text is also incorrect. As an example, I entered 31 times in one year on VWP never an eyebrow was raised. There are two classes of VWP T and B we do not know which the OP entered on.

The OP would well astacles he is unaware of.

Good luck to both of you advised to seek at least an initial consultation with an attorney. Whilst technically he can follow the path he has indicated there may be certain obnd congrats btw.

That's what happened to my fiance and another friend. There were told that VWP is not to be used to go in and out and these are last year's encounter at the POE. What is the difference between T and B?

T= Tourist

B= Business

I have used the VWP to visit the US for 9 months at a time with only an 8 hour visit to Heathrow every 3 months... No real hassle from Immigration at LAX.

I would imagine that as long as you are let on the plane (ie. your name isn't flagged), your probably OK.

You can use the VWP for limited business and as a tourist, there are not tow types.

And you were extremely lucky. Sounds like you were living in the US on a tourist visa.

The reals issue the OP has is one of timing, hence see a lawyer.

[Usui Takumi 1,562]

This is actually a pretty straight forward issue. If you file close to your arrival (30 days? or maybe 60....can't remember) you have a high chance of getting questioned regarding intent. Otherwise they stick to the boilerplate questioning regarding the relationship. Two years ago I asked 22 people who filed on the VWP how things went (here and at UKExpat). Only one said that they had to show that "a life had been left behind" and they filed within two weeks arrival.

Had you waited to file for a few months you probably would be okay, now if you actually sent the application in yesterday your better off returning home in 80 something days to await your visa.

The important thing to remember is that there is no appeal process in this direction.

Edited August 21, 2009 by lancer1655

[Jonara 0]

I think it really depends on their mood! My now husband came to visit me last year for about 8 weeks and then went back to Denmark. By the time he came back here again in March of this year, they actually gave him a bit of a hard time about coming back so soon and he hadn't been to the US in over 6 months! They let him in fine without any real problem but they told him he should wait at least a year before he comes back again.

Well in our case, they were sent back right away. So there! I have read similar cases like ours here on VJ. My fiance and my friend can no longer use VWP EVER, they are not subjected to a ban but if they want to come to the US again, they have to get a real visa. Just a fair warning to everyone. It happened in 2 different POE's, and it's always good to check. And you're accurate when you said wait at least a year before coming back. That's exactly what the BPO said to them. The thought process is around "strong ties" to the country of origin. "Do you have a job there?" "Aren't you leasing an apartment there?" "What kind of job do you have to afford frequent trans-Atlantic holiday?" That stuff.

[familyguy 2]

...............

And you were extremely lucky. Sounds like you were living in the US on a tourist visa.

...............

And you deduce that how exactly? Oh I see you just made it up to suit your argument.

I guess I have just got lucky since I first visited the USA in 1978.

BRB with luck like that I am going to buy a lottery ticket.

[Usui Takumi 1,562]

I think it really depends on their mood! My now husband came to visit me last year for about 8 weeks and then went back to Denmark. By the time he came back here again in March of this year, they actually gave him a bit of a hard time about coming back so soon and he hadn't been to the US in over 6 months! They let him in fine without any real problem but they told him he should wait at least a year before he comes back again.

Well in our case, they were sent back right away. So there! I have read similar cases like ours here on VJ. My fiance and my friend can no longer use VWP EVER, they are not subjected to a ban but if they want to come to the US again, they have to get a real visa. Just a fair warning to everyone. It happened in 2 different POE's, and it's always good to check. And you're accurate when you said wait at least a year before coming back. That's exactly what the BPO said to them. The thought process is around "strong ties" to the country of origin. "Do you have a job there?" "Aren't you leasing an apartment there?" "What kind of job do you have to afford frequent trans-Atlantic holiday?" That stuff.

I think the semi official policy is that they don't want someone to be in the USA more then 6 months in any given year. My wife was pretty lucky in that she always visited me when her family was vacationing. They have a history of vacationing to California twice per year since 2000 (summer/winter). I don't think she has ever personally talked to a border officer until she arrived on a K1.

[familyguy 2]

I think the semi official policy is that they don't want someone to be in the USA more then 6 months in any given year. My wife was pretty lucky in that she always visited me when her family was vacationing. They have a history of vacationing to California twice per year since 2000 (summer/winter). I don't think she has ever personally talked to a border officer until she arrived on a K1.

Exactly.

They are looking for signs of abuse. A retired couple who own a villa in Florida and visit on a regular basis to vacation and maintain it between rentals are not going to attract the same sort of attention no matter how often they visit, as a 23 year old who lives with mom and dad but has a girlfriend in the US and enters 3 days after he leaves every 3 months.

Likewise someone visiting on business can do so without a problem, they have a history of regular visits and not overstaying. I actually knew some of the guys in DFW by first name I entered so often. At one stage I left Dallas on a Weds attended a meeting in London the following morning and was on the late flight out of Heathrow to Chicago the same day.

The immigration guys are looking for red flags not a specific set of circumstances or unwritten rules that people seem to think exist and must therefore be gospel. Despite the hysterical bloke in a pub said posts in this thread, if you are using the VWP correctly then the chances of you being returned are very slim indeed and the stats bear this out. Bear in mind one of the main criteria for a country being allowed to partake in the VWP is a low incidence of overstayers/returnees.

[Jonara 0]

I think it really depends on their mood! My now husband came to visit me last year for about 8 weeks and then went back to Denmark. By the time he came back here again in March of this year, they actually gave him a bit of a hard time about coming back so soon and he hadn't been to the US in over 6 months! They let him in fine without any real problem but they told him he should wait at least a year before he comes back again.

Well in our case, they were sent back right away. So there! I have read similar cases like ours here on VJ. My fiance and my friend can no longer use VWP EVER, they are not subjected to a ban but if they want to come to the US again, they have to get a real visa. Just a fair warning to everyone. It happened in 2 different POE's, and it's always good to check. And you're accurate when you said wait at least a year before coming back. That's exactly what the BPO said to them. The thought process is around "strong ties" to the country of origin. "Do you have a job there?" "Aren't you leasing an apartment there?" "What kind of job do you have to afford frequent trans-Atlantic holiday?" That stuff.

I think the semi official policy is that they don't want someone to be in the USA more then 6 months in any given year. My wife was pretty lucky in that she always visited me when her family was vacationing. They have a history of vacationing to California twice per year since 2000 (summer/winter). I don't think she has ever personally talked to a border officer until she arrived on a K1.

(Sighing), it's the kind of mistake we learned the hard way. Funny thing is on the USCIS website, there is no mention of this nor any limitations at all. Saves time and money if you know what to expect/do.

BTW - I think we got consumed by VWP issue and we forgot the OP's ordeal. Sorry OP.

[Boiler 46,034]

...............

And you were extremely lucky. Sounds like you were living in the US on a tourist visa.

...............

And you deduce that how exactly? Oh I see you just made it up to suit your argument.

I guess I have just got lucky since I first visited the USA in 1978.

BRB with luck like that I am going to buy a lottery ticket.

Read the post above (22)

I have seen many many posts similar.

If you come her for 2 weeks to see the Mouse, very unlikely to have a problem. multiple 3 months and you are rolling the dice.

[Jonara 0]

...............

And you were extremely lucky. Sounds like you were living in the US on a tourist visa.

...............

And you deduce that how exactly? Oh I see you just made it up to suit your argument.

I guess I have just got lucky since I first visited the USA in 1978.

BRB with luck like that I am going to buy a lottery ticket.

Read the post above (22)

I have seen many many posts similar.

If you come her for 2 weeks to see the Mouse, very unlikely to have a problem. multiple 3 months and you are rolling the dice.

Yes and you know what I just caught on the previous post when someone said 2 classifications - T or B. NO SUCH THING! You come with just a passport, and there is no official designation for that as long as your country is one of those VWP eligible countries. It sounds so sweet to have such privilege but you gotta read the fine print. I guess we can't convince the fortunate ones. I will never wish what we went thru with anyone. It was one heck of a gambling nightmare.

[Nyx 0]

My husband and I did AOS while he was on the VWP from the UK. He visited me for 3 months, stayed in the UK for 3 months, then came back and used it. We filed AOS almost 2 months after he arrived here the second time. We we're already married when he entered, but we didn't even know it was possible for him to stay. We assumed we would file all the paperwork here, he'd return home at his 90 days, (he had a return ticket home) and then I'd try to go over there to lessen the time apart. The BEST thing I did was get an immigration advisor, she wasn't quite a lawyer but had been working with them & USCIS for like 20 + years. It was well worth the money we spent. She filed all the paperwork, and helped us every step of the process. It took us 4 months from application to interview and approval.

By the way, at our AOS interview they never once asked about the VWP or POE, even though the IO removed my hubby's entry paperwork out of his passport.

Good Luck

[familyguy 2]

.........................

Yes and you know what I just caught on the previous post when someone said 2 classifications - T or B. NO SUCH THING! .................

When your passport gets stamped the officer with either denote it with T or B.

Do business with a T and you are in breach of the VWP. If you think that makes no difference you are mistaken, ( it is getting to be a habit) the penalty is being barred from the VWP and requiring a visa.

"Travelers need to express the purpose of their visit to the immigration officer at their port of entry to obtain a WB status on their I-94 arrival/departure card. Do not accept a WT status visa. Any error should be corrected prior to leaving the INS inspection area; visitors are urged to speak with an INS supervisor is necessary. Note: Status and length of stay as a visitor to the US is defined by what is written on the I-94 card by the INS officer upon entry.

The WB visitor (equivalent to the B-1 visitor for business) is in assignment in the US as a representative of their foreign employer. No US-based salary of fellowship payments are permitted. However, reimbursement of normal and unusual expenses, for business purposes is permitted.'