Travel on the VWP

[rh4stc 0]

I hope I have the right forum for this, if not, I aplogise.

Ok, I'll be applying for a K1 within the next few months (subject to getting divorced first of course).

I have spent a lot of time in the US this year.

I came out to meet my girlfriend for the first time in Feb this year spending 5 weeks there.

Next, I came out mid May and spent another 3 weeks there.

Finally, I came out mid July and am staying til 8th Sept. All up until the end of my current visit, I will have spent 4 months in the US and 4 months out. Needless to say, on entering the US this time, I was sent to secondary inspection where I was further questioned and had my luggage searched. They let me in, but reduced the time I could stay here by a month (so 2 months instead of the normal 3). So they have a file open on me.

I want to come out again just before Xmas and stay for a month so I can celebrate Xmas and her 40th birthday.

Anyway, I'll be out of the country for 3 months, which kind of puts me back in credit. You think that will be ok with them? Or is it still taking the mickey a bit?

The other thought I had is that I am a dual citizen of the UK and Australia. I've been travelling on my UK passport up til now, but thought perhaps if I travelled on my Aussie passport next time, would I flag up? Or is that naughty? Each time I go to the States, I travel from France where I live.

Edited July 26, 2010 by rh4stc

[Boiler 45,520]

Interesting, VWP is 90 days not 3 months and I always thought it was all or nothing. Wonder if they paroled you in rather than doing it as a VWP?

The passport should not make any difference.

To answer your question, you can only try and see. Bring plenty of evidence of your need to return, job etc. Youare more than likely to end up in secondary.

[rh4stc 0]

Sorry, yes you are right, 90 days. They gave me 60 this time. I just call it 3 months, because it pretty much is.

So produce evidence of ties back home. Gulp, that's going to be tricky.

[Brother Hesekiel 2,236]

First, let's get the terminology right: you do not have a visa. No visa. None.

You are participating based on the Visa WAIVER Program, so you don't need a visa in order to visit.

The ultimate duration, whether with visa or without, is always determined at the Point of Entry by a CBP Officer. Usually they give B2 visa holders the full 6 months, and VWP participants 90 days.

If they suspect the visitor tries to pull a stunt, they pull you into secondary inspection and give you less. Happened to me a long time ago.

Once this happened, you have to expect that they will cut all of your up-and-coming visits short. It's possible that when you arrive next time, that everything goes smoothly and you get your 90-day stamp, but it's also possible that they give you until 2 days after Christmas and that's it.

There is really no way to predict this. The more often you come for pleasure, the more likely it is that you encounter problems and questions.

Why are you taking vacations in the US so often? Oh, you have a girlfriend? Is it serious? Do you plan do perhaps marry her?

You get the picture.

Best of luck to you.

[rh4stc 0]

Yeah, I understand I come with no visa.

They also know I have a girlfriend and I have always been open and honest with them. I shall continue to do so because I don't lie very well for a start.

I am hoping the wheels will be well in motion for K1 by the time Xmas comes. Can't wait til this is all settled and I can legally live here. I feel like a criminal for being in love and no one should have the right to do that to anyone. I do understand the legalities etc, but well, I guess most can relate to what I'm saying.

[Penguin_ie 5,993]

Interesting, VWP is 90 days not 3 months and I always thought it was all or nothing. Wonder if they paroled you in rather than doing it as a VWP?

I got 6 days on the VWP once. I was pulled into secondary for too many short visits- this was the 5th visit in 10 months, but all two weeks or less. My return ticket was for 5 days later, so they gave me 6 in case of a delay. Went back three months later for a week, brought tons of evidence that I would return to Ireland, but got waved through

OP: I wouldn't travel on the other passport- they are likely to notice and think you have something to hide. It's up to the CBP if they'll let you in, but the longer you leave it to the next visit, and the shorter that visit is, the better your chances. I think having the K1 in progress will help, as it shows you are intending to do things the legal way.

Edited July 26, 2010 by Penguin_ie

[rh4stc 0]

Thanks, that makes me feel a bit better.

Also, the fact that there is a pattern forming, in that you come and go, ok I see how they see it in a negative light, but also, they should see it in a positive light in that you are returning and not outstaying the lawful time inside the country. I guess they weigh that up too in their thought process.

I always try and look at the passport officer before picking my line to get an idea of how nice he/she will be.

In fact, at the end of the secondary inspection, the officer suggested perhaps looking at a visitors visa.

I also said, I am only trying to do the right thing by you guys (ie the government), my girlfriend and her kids. Personally, I think it's essential that her kids have reasonably regular contact with me in this way, in order for them to accept me into the family and also to see that I am not a threat. They've been through so much in the past year with their father walking out, they need stability.

Edited July 26, 2010 by rh4stc

[Boiler 45,520]

OP: I wouldn't travel on the other passport- they are likely to notice and think you have something to hide. It's up to the CBP if they'll let you in, but the longer you leave it to the next visit, and the shorter that visit is, the better your chances. I think having the K1 in progress will help, as it shows you are intending to do things the legal way.

That is a good point, you have a chance that nothing comes up, but then is something does they will be suspicious as hell.