VWP worries for BF

[pennadutch 0]

Hi VJ,

*My apologies in advance for such a long post*

I've read through a lot of discussions in this forum, and it seems there is some difference of opinion. I hope you guys can weigh in a little on my situation. I'm sorry if I give too many details - just want to get the best advice! I met my boyfriend online in January of 2010. I live in Pittsburgh, and he is from the Netherlands. Currently we are both students and will both graduate in June. I have a part-time job here, and he works for a call-center. Neither of us owns a home or has any significant savings - we are students! When we first 'met' we were just chat-friends, as I was seeing someone else at the time. However, that relationship ended in March, and he came to visit me - as just friends - and see the US on his summer holiday in August of 2010. He entered through JFK on the VWP, had the standard questions, and was given entry relatively easily. He stayed three weeks, and during that time a romantic interest developed.

We decided to see each other again at the end of October. His fall break was a week and mine was only three days, so it was easier for him to come here. There are no direct flights from Amsterdam to Pittsburgh, so we chose the cheapest flight with the shortest travel time. That time, his POE was in Memphis. The IO only took a quick look at his passport, asked the address where he would be staying, and said 'Welcome Back'. He stayed for 10 days, and returned to the Netherlands. I visited him in Europe during our winter break and had an amazing time.

Keeping with the approximately-every-two-months visit schedule, he is back in Pittsburgh visiting again (another school break for him). This time, his POE was Minneapolis. His entry was not so smooth, and has got us kind of worried. When he gave the officer his passport, he was asked gruffly, “This is the third time you’re here in less than a year. What is in the United States for you?” He answered that he was visiting friends and that he really likes Pittsburgh, he’s a student and has the opportunity now so he’s taking advantage of it to travel often. He was then asked how he paid for the trip, and he told him he had a job. A second officer was waved over, and he was taken into a separate room. Again, he was asked why he was coming to the US for the third time, he gave the same answer. He was asked, “What kind of friends? Where did you meet them?” He said the internet. The IO then asked if his friends lived with their parents, and he said *she* lives on her own. This caught the IO’s attention and he asked if there was any romantic interest. He was very nervous, and said no, not yet, just friends (when he told me this, I thought ‘uh-oh. Is this going to be bad news for later?’) After a bag inspection, a few more questions, lots of typing, and some long stares, his passport was stamped and he was allowed to go to his gate.

Now come the questions. I am planning to visit him in Europe over my spring break at the end of April. My father lives in Alaska and owns two properties. He offered to let me and my boyfriend stay in his house for the summer (approximately 2 months, beginning the end of June, leaving in Aug/ Sept.) in exchange for me occasionally babysitting my little sister and helping with home renovations. He would provide us with food and let us borrow his second car. We thought this would be a great way to spend some time together before fully committing to the K-1 and marriage. After this last experience, we are worried that he might be denied entry. Tickets to Alaska are a lot more expensive than tickets to Pittsburgh. My dad has offered to help with the costs, but we don’t want to throw money away. At this point neither of us has a job lined up. My field is more limited than his, and I’m currently searching for jobs in both Europe and the US. I know a lot rides on the mood of the IO that particular day, but is it possible that he’s been ‘flagged’ and will automatically be denied 4 months from now? Should he tell them that since his last entry, a romantic interest has developed? Could he just say that his friend’s father has offered him a place to stay and that he will be on a fishing, hiking, etc. holiday? Will a good record of leaving on time help his case? Could this affect the K-1 visa in the future, after I have full time employment and am able to provide proof of support?

Thanks for any advice you can offer!

[amykathleen2005 441]

It is not good to lie to immigration. They probably have noted his file and he will be flagged next time he comes in. If he is denied on VWP he will never be able to visit that was again.

[Harsh_77 718]

Simple and short - your long term visa such as K1 is not going to be impacted. Chances are he might not be allowed to enter on VWP.

Officer at entry are not dumb, they can put 2 + 2 no one would spend that kinda money - specially when they are student to visit US 3 times in a year.

One reason why they searched his bag was to see if there were any items in his bag that might suggest he had intentions to stay here and never return.

As per me one should always respond honestly to CO or POE as all that is recorded and is there for long time.

Another curve ball this time is that you said he is planning to stay 2 months - which would be a red flag for POE. Means he is not in school and has quit his job as no job would let you go off on vacation for 2 months.

[Harpa Timsah 13,258]

Students travel for months in the summer - it's normal. Yes, his record of leaving on time will help his case. (He might bring that up if things go awry). As to the other things, admitting a gf in the states might actually make the Customs people understand why he is visiting so often - better that than being a drug dealer.

Hope it goes well. Be HONEST and best of luck.

[Maybenotthewisest 0]

Ill let you know my situation. I visited for 90 days over the summer with my then boyfriend,he came back to the uk with me and after 7 weeks I returned to the Us with him. So it was my second visit in a year. I had problems the first time coming over for the summer, as I was asked how I would support myself consdiering I could not work, luckily I had just got a bank statement out of the cash machine,and a reciept from changing my euro to dollars, so i had it in my pocekt to show him I had several thousand in the bank, but he didnt ask to see it, just nodded, looked at me for a minate, and stamped my passport, second time i was very worried as I had only left the US 7 weeks before, but I just answered honestly that i was going to spend time with my boyfriends family over thanksgiving/xmas. We got engaged at christmas,married in Januray, and because i did not overstay, I filed an AOS within my 90 days, still waiting to see how it turns out.

Id say he has been flagged now, and will be questioned, probably in the room again, and the two month thing, he'll have to be able to show he can support himself. However it sounds like you guys have a few months before you book anything,could he perhaps obtain a tourist visa? A visa isnt a guaranteed entry of course, but by obtaining it,and doing the interview etc he needs for it would maybe be safer than attempting a 5th VWP? Other than that ID say honesty is the best policy,hope for the best and plan for the worst, I know its horrible and Im praying everything will be ok for you both.

If your in Pittsburgh, contact May Visa Law Group,on Smithfield St.if nothing they could probably give you a clearer view on things?

Good Luck honey, fingers crossed for ya!

[canadian_wife 1,828]

Any and all ties he can bring with him will be helpful and he needs to NOT lie to CBP. Obviously there is a romantic involvement and if that come out during questiontion you do not want a slap of misrepresentation because clearly they suspect it and that will impact a K-1

Good luck