New spouse wants to visit

[spectrum 0]

Hi!

I hope someone can advise me.

My husband is a US citizen and I am a UK citizen. We married in the US last December on one of my frequent visits and I left shortly afterwards.

It is an unusual marriage in that I live in the UK, and I would really be quite happy to carry on as we did before getting married - he visits me for a few weeks, we have a few weeks apart, then I visit him for a few weeks etc. We have had a happy relationship like this for some time.

The problem is the recent marriage. Now, rather than coming in on a visitor visa more or less whenever I like then leaving after a few weeks, I am worried that I am going to be treated like an intended immigrant.

I think long term it would be beneficial to get the right to live in the US - there might come a time when I need to stay for more than three months, so I suppose that is the route we will eventually go down - but the problem I have right now is that after his visit to the UK with me this month, I would like to return with him and stay for six weeks.

Short of a quickie divorce, does anyone know how this can be accomplished without lying to immigration? Usually when they ask me why I'm coming I say 'to visit my boyfriend / fiance.'

I can hardly say 'to visit my husband', can I?

Any ideas?

[Ryan H 3,828]

Moved from IR-1/CR-1 Process & Procedures to UK regional forum.

If you frequently visit on the VWP, you may be flagged by CBP and have your VWP privileges curtailed which would require you to obtain a B2 visa.

Never lie to CBP, if a CBP officer asks a generic question, a generic truthful answer is okay; however, if they ask a specific question, a truthful answer must be given.

[spectrum 0]

Moved from IR-1/CR-1 Process & Procedures to UK regional forum.

If you frequently visit on the VWP, you may be flagged by CBP and have your VWP privileges curtailed which would require you to obtain a B2 visa.

Never lie to CBP, if a CBP officer asks a generic question, a generic truthful answer is okay; however, if they ask a specific question, a truthful answer must be given.

Yes... I was thinking more along the lines of telling the truth - but which truth? There are a ton of reasons I'm coming. To help him move house. Sort out a ton of junk. Nursemaid his mother through the trauma of having to drive herself round for a change. See if I can prevent his ex from going postal. Then there's medical. The NHS will kill me off given half a chance, I do like getting to see proper doctors for a change. Ones who will get personally sued for millions if they cripple you - they tend to know what they are doing more in the US, I've found.

I need a good spinal specialist, fast.

I had a long discussion with an immigration officer a few years ago about my being flagged for being a frequent visitor. He gave me some tips on the timing of visits. I stuck to it and haven't had a problem since.

I just had a rather bizarre and threatening private message, with wedding spam in it. That happen often round here?

Edited March 3, 2012 by spectrum

[Rachie07 4]

Yes... I was thinking more along the lines of telling the truth - but which truth? There are a ton of reasons I'm coming. To help him move house. Sort out a ton of junk. Nursemaid his mother through the trauma of having to drive herself round for a change. See if I can prevent his ex from going postal. Then there's medical. The NHS will kill me off given half a chance, I do like getting to see proper doctors for a change. Ones who will get personally sued for millions if they cripple you - they tend to know what they are doing more in the US, I've found.

I need a good spinal specialist, fast.

I had a long discussion with an immigration officer a few years ago about my being flagged for being a frequent visitor. He gave me some tips on the timing of visits. I stuck to it and haven't had a problem since.

I just had a rather bizarre and threatening private message, with wedding spam in it. That happen often round here?

Are you applying for an immigrant visa?

Okay, so you have raised a couple of issues here....have you thought about trying to see whether or not you would be able to get specific surgery for your back? There is a medical treatment visa but you would need to seek advice about that. I am not sure.

The CR1 takes around 9-12 months. I cannot advise you about a medical, but you do need to do one but simply explain to your doctor what you intend to do (immigrate to live with your husband and about the medical) and he will give you some advice about what he can do to help you through the medical. There are three types of medical categories intending immigrants fall under when they go for a medical with any long term condition...have a read of them and the medical criteria. There are also many individuals whom have gone through this process with medical conditions, have you searched this forum to find out if anyone has passed or been through the medical with a similar complaint? There are of course options if you do not pass a medical such as a waiver which you can submit. Would your spouse be okay with finding an attorney to seek advice. You dont need to hire them, just to talk and find out your options. We did this and it was worth the money we spent on it (we have medical concerns in our case too).

In regards to the visits to the USA. I believe they say 180 days in the USA in a year period. At the end of the day, its the CBP agent's discretion whether or not to let someone into the USA. Someone can turn up with tonnes of evidence proving intent to return and be turned away. No one on here can advise you on the outcome unfortunately but we can tell you that yes it can be done and give you advice on visiting. Are you able to bring any proof of ties the UK when you visit? Sometimes just having this can rid you (me especially) of anxieties. As others have told you, tell the truth. If you say "family and friends" and they ask you who, you can and should answer with my husband and mother in law if this is your intention. Whether or not that will raise red flags is at discretion of CBP, some it has, some it hasnt. The fact you have visited and left on time and have visits spread apart and spent more time in UK than USA will be a bonus.

In regards to the private message....report it to the mods, I have personally never had that on here. I hope I have helped you a little. Everyone on here is always helpful and in the same boat as each other.

[Rebecca Jo 1,962]

Now that you've married a US citizen, you can expect your entries to be different.

If you say you are visiting your husband, expect to be queried and possibly turned around.

You MIGHT have better luck if you enter with him and solid proof of your return.

Edited March 4, 2012 by Rebecca Jo

[benuk 18]

Yes... I was thinking more along the lines of telling the truth - but which truth? There are a ton of reasons I'm coming. To help him move house. Sort out a ton of junk. Nursemaid his mother through the trauma of having to drive herself round for a change. See if I can prevent his ex from going postal. Then there's medical. The NHS will kill me off given half a chance, I do like getting to see proper doctors for a change. Ones who will get personally sued for millions if they cripple you - they tend to know what they are doing more in the US, I've found.

I need a good spinal specialist, fast.

I had a long discussion with an immigration officer a few years ago about my being flagged for being a frequent visitor. He gave me some tips on the timing of visits. I stuck to it and haven't had a problem since.

I just had a rather bizarre and threatening private message, with wedding spam in it. That happen often round here?

Would you mind to share the tips given by the officer on the timing of the visits?

Best regards

Edited March 8, 2012 by benuk

[spectrum 0]

So sorry everybody, I hadn't realised there were more replies!

So much to answer.

>Are you applying for an immigrant visa?

I don't know which country I want to live in yet. Both really. I know where I'd rather have medical treatment though

>You MIGHT have better luck if you enter with him and solid proof of your return.

Interesting. This time round it is likely my husband will be in the UK the day I arrive in the US. I'm thinking that might help.

I have plenty of ties here. I own a flat and I have a business. I have family too, but to be honest they are more of a reason to emigrate.

Benuk, I replied in private!

The weird message turned out to be, on closer inspection, someone claiming to be an attorney trying a 'fear close'. Still not sure what to make of the wedding spam it contained

As for medicals and long term conditions - if I stayed in the UK it would certainly be a long term condition. 10 years of physical jerks then a free wheelchair. If I have treatment in the US, 80% chance of a cure with one operation, 98% with three. I'm thinking by the time the paperwork is all done there won't be any condition to worry about.

And yes, if I want to live in the US, we can get a lawyer.