USC in UK, worried about VWP

[ECWilloughbys 7]

I have a question that may not technically fit in this forum, but I've been googling for days now and can't find a better place to ask it. Ideally, I need a UK version of Visa Journey, but I thought I'd give it a try here since so many users have such good advice.

I'm a USC with a UK fiance, and we're currently waiting for our NOA2 on our fiance visa. Since I'm a freelance writer and can do my job the same from the UK as I can in the US (I get paid in the US, through my US agent), we decided I should take advantage of the VWP and sublet my apartment back home and stay here in England with my fiance while we wait for his visa to be approved, and then we'll both return to the US and get married and live there.

I arrived in the UK in October, stayed until mid-January, and then returned to the US for a three-week visit. Then I came back to the UK (no hassle at all at Heathrow) in mid-February, and have been here since. As it stands now, I'm only allowed to be here until mid-August, but we think his visa will be approved and we'll be ready to return to the US permanently by early to mid-September. I don't want to push my luck, and honestly already feel that I have, but if I plan a brief trip elsewhere in Europe now and then try to re-enter the UK, do you think I'll have any problems?

I'm so anxious about messing anything up. I realize that with the VWP, I'm allowed to visit the UK for 6 months. I don't know if this means at a time, or per calendar year, or what, but I'm here now, and would really like to remain here just a bit longer. Overstaying the visa is not an option, so leaving briefly and re-entering with a fresh passport stamp seems like the best answer.

Has anyone been in this situation? Any help or advice (or a suggestion as to where would be a better place to as this question) is much appreciated.

[Justine+David 218]

This is an immigration site for U.S. immigration, not UK immigration. For that, I would recommend checking out the UK-Yankee forum.

Just so you know, however, it is highly likely that the UK border officers will be very suspicious if you try to to leave for a few weeks and then come back for a few months, especially since this would be the third long trip in the UK. To them, it looks like you are living in the UK, which you essentially are, not for typical tourist reasons. You don't want to risk them denying you entry into the UK because of your longer-than-typical trips because that could potentially cause problems in the future with the red flag in your file.

On a personal note, I think you were EXTREMELY lucky to get in with the second trip like you did...if you look in the archives of the UK forum here, there have been many couples with issues at the border due to similar issues. I myself visited my fiance for 6 days and then flew again 4 weeks later for another 6 days and was heavily questioned, although I was allowed entry.

[Damian&Kelly 16]

I went to England to visit my husband for a 4 month stay, about 2 weeks before I was leaving to come back to the US, my husband surprised me with a weekend away in Paris. We had no trouble getting into France and didn't think much of getting back into England since I was leaving in 2 weeks anyways and had my plane ticket with me, but they hassled me. They were convinced I only left so I could start my 6 months over. Which this (4months) was my first trip out of the US ever! My husband basically talked them into letting me back in as all my belongings were in England and my plane ticket home was very soon. They were suspicious because I was with my English boyfriend (now husband).

I always thought the guide lines for VWP was that you spend more time in your home country per year. So spending a whole 6 months and only 3 weeks in the US and another 6 months planned, I'm very surprised you had no trouble coming back.

[Boiler 45,519]

I arrived in the UK in October, stayed until mid-January, and then returned to the US for a three-week visit.

The UK does not have a VWP.

You actually answered your own question.

[ECWilloughbys 7]

I went to England to visit my husband for a 4 month stay, about 2 weeks before I was leaving to come back to the US, my husband surprised me with a weekend away in Paris. We had no trouble getting into France and didn't think much of getting back into England since I was leaving in 2 weeks anyways and had my plane ticket with me, but they hassled me. They were convinced I only left so I could start my 6 months over. Which this (4months) was my first trip out of the US ever! My husband basically talked them into letting me back in as all my belongings were in England and my plane ticket home was very soon. They were suspicious because I was with my English boyfriend (now husband).

I always thought the guide lines for VWP was that you spend more time in your home country per year. So spending a whole 6 months and only 3 weeks in the US and another 6 months planned, I'm very surprised you had no trouble coming back.

Thanks for your answer. I should have clarified: when I arrived in October, I had a book coming out in the UK and my publisher had bought my ticket and arranged for a month and a half of publicity, so that was my initial reason for coming. Then I just stayed to be near my fiance.

I do realize this is pushing my luck, and it's not how I'd hoped or planned it would go; we'd hoped to have filed back in November and be home by now, but due to some financial issues, things changed.

[ECWilloughbys 7]

This is an immigration site for U.S. immigration, not UK immigration. For that, I would recommend checking out the UK-Yankee forum.

Just so you know, however, it is highly likely that the UK border officers will be very suspicious if you try to to leave for a few weeks and then come back for a few months, especially since this would be the third long trip in the UK. To them, it looks like you are living in the UK, which you essentially are, not for typical tourist reasons. You don't want to risk them denying you entry into the UK because of your longer-than-typical trips because that could potentially cause problems in the future with the red flag in your file.

On a personal note, I think you were EXTREMELY lucky to get in with the second trip like you did...if you look in the archives of the UK forum here, there have been many couples with issues at the border due to similar issues. I myself visited my fiance for 6 days and then flew again 4 weeks later for another 6 days and was heavily questioned, although I was allowed entry.

Yes, I know this site is for US immigration, but I couldn't find anything similar for the UK. I'll check out the UK-Yankee forum, thanks.

I was nervous about entering the second time but no one even looked at me twice. My fiance, on the other hand, has been badgered every time he's ever visited the US.

[Y&E 12]

A canadian friend did this - came over, went away for a few weeks, came back and was promptly deported because you can't leave and reenter within a few weeks according the officials. He's quite proud of having been deported though.

[ECWilloughbys 7]

A canadian friend did this - came over, went away for a few weeks, came back and was promptly deported because you can't leave and reenter within a few weeks according the officials. He's quite proud of having been deported though.

Definitely trying to avoid deportation... I haven't overstayed, technically... they let me re-enter in February, so I have to assume they were all right with me being here again, and I haven't stayed past that stamp. But yes, I realize this is a potentially sticky situation.

My fiance, all of our friends here in the UK, and my friend who secures visas for international scholars back in the US (and knows more about this process than we do) all seem to think that this shouldn't be a huge problem, and if they do stop and question me, I'll just be honest and say I intend to go back soon, that we're waiting for a US fiance visa, and I haven't been working illegally or anything. But of course I'm still a bit nervous and hope it goes smoothly.

[Rebecca Jo 1,962]

I don't think it's a risk worth taking.

There may come a time (for whatever reason or another) that you wish to move to the UK.

ANY blemish on your immigration record over there is cause for denial.

I think you should come home when your time is up and tough it out. In the big scheme of things, you are taking a really huge risk for a tiny gain.

[ECWilloughbys 7]

I don't think it's a risk worth taking.

There may come a time (for whatever reason or another) that you wish to move to the UK.

ANY blemish on your immigration record over there is cause for denial.

I think you should come home when your time is up and tough it out. In the big scheme of things, you are taking a really huge risk for a tiny gain.

I absolutely will not overstay the stamp on my passport. When I re-enter after my trip, if they tell me I need to still leave by mid-August, I will. But if they allow me re-entry, I'll gladly take it. I don't want to risk anything either, but it seems at this point all I can do is wait and see what they say at Heathrow.

[elmcitymaven 9,712]

Be careful. I have had indefinite leave to enter/remain in the UK for many, many years and once on a Eurostar train back from Paris to London with my British husband I was threatened with deportation back to Paris. (Long story: remember never to whisper anything that sounds like "oh for f^ck's sake" under your breath when an immigration officer is literally picking at the laminate on your passport because he can't understand why it's green instead of blue -- for one year the US made their passports have a green cover as a commemoration of Ben Franklin -- no, I don't know why that led to a green passport.) This is in spite of my entire life being in the UK -- flat, job, family, friends -- as it had been for 7 years; I certainly had nothing in France and going back to the US I would have only had my parents to return to. I was reminded that it was a privilege to be allowed to enter the UK.

Edited June 20, 2010 by elmcitymaven

[Boiler 45,519]

Quite right too

[elmcitymaven 9,712]

Quite right too

Oh, I know that now! My husband went ballistic, saying, "Do you know who my parents are?" It was really quite appalling. How I was let into the country after he pulled that one I have no idea.

[ECWilloughbys 7]

Be careful. I have had indefinite leave to enter/remain in the UK for many, many years and once on a Eurostar train back from Paris to London with my British husband I was threatened with deportation back to Paris. (Long story: remember never to whisper anything that sounds like "oh for f^ck's sake" under your breath when an immigration officer is literally picking at the laminate on your passport because he can't understand why it's green instead of blue -- for one year the US made their passports have a green cover as a commemoration of Ben Franklin -- no, I don't know why that led to a green passport.) This is in spite of my entire life being in the UK -- flat, job, family, friends -- as it had been for 7 years; I certainly had nothing in France and going back to the US I would have only had my parents to return to. I was reminded that it was a privilege to be allowed to enter the UK.

Will do... maybe I'll bring along some examples of ties back home and maybe a copy of our I-129F to prove that I intend to return to the US soon.

[DukeOfYork 28]

You may want to check and see if there is any sort of residency visa you could apply for with the Home Office. Since you have regular finances coming from the US, they might grant something to you as you can prove you won't be a burden on their society. It might be worth looking into...

What's your book?