What we should expect ...

[NYCGirl18 1]

Hello,

I hope this is the right forum to be posting this topic in! If it's not, please feel free to move to the proper category.

Here is my situation:

My boyfriend has been traveling to and from the US for the past 11 months now under the Visa Waiver Program. To make a long story short, he had a successful production company in the UK but decided to sell it, in hopes of fulfilling his once-in-a-lifetime dream of moving to NYC and making it in the film world here. So he traveled over here in September of last year anddddd .... *Meet cute* (see what I did there, for those that are familiar with film? ) He and I have been together ever since November of last year. I knew about his situation, but fell in love and decided to endure the difficult and sad journey of a long-distance relationship anyway. So to get to the important stuff: He came in last year around September, stayed until the end of November, then went back to the UK. (I flew to London to spend a few days with him around New Year's Eve) Then, he came back to NYC I believe at the end of February. Stayed until the beginning of April. Went home for a month. Came back the beginning of May. Then left to go back at the end of July. And now ... he is scheduled to fly back to NYC (JFK) on Wednesday! (Sorry I know that is a lot of information!) Basically, he has been coming in for two months at a time and then leaving for a month before returning.

During his first trip, he found a lawyer in the city that he has been communicating with about his situation. Initially, the lawyer told him that he should consider the O-2 artists visa but then my boyfriend did a little research on his own and found that that particular type of visa is for "artists with exceptional talent" and it's really only given to celebrities such as high-profile actors/actresses and directors. Therefore, he returned to his lawyer asking for other visa options for someone like himself, that works in film, and goes from project to project. His lawyer then told him about the E-2 investor visa, which would allow him up to two years in the states and the opportunity to start his own business here (*Perfect* for him because he's already run and managed a successful company back in the UK). When he finally figured out that this was the route he wanted to go so that he could make movies here, it was probably around spring of this year. Now, the thing (from my understanding) with the E-2 visa is that before he can even apply, he has to have the business established, as well as several other factors (American Bank Account, Established Office Space, etc. etc.) that he can really only square away while in the country (trust me, he's tried doing the banking stuff from back home and it's been a nightmare ... no access to any US accounts from over there, which is nuts). Even his lawyer confirmed this - told him to get everything done over here before actually applying for the visa, otherwise there's a very good chance his visa application will be denied. So, where we stand, is that Liam has most of the required pieces of the process complete, but still needs a little more time in the US to complete everything before he can actually submit his application.

So with that said ... So far --- there have been NO issues at POE any of the times he's flown to the country. (Thankfully!) He WAS prepared with all required documentation that shows the following, though:

- A return plane ticket showing that he isn't intending on staying the allowed 90 days

- Ties to his country (mortgage, car payment, etc.)

- That he is in the process of trying to set up a company here so he can apply for the E-2 visa

*This is what his lawyer advised.

The last time he came in, he wasn't even asked the purpose of his visit (at JFK) ... they just stamped his passport! He said it was a breeze!

So, my questions are the following:

- Because he has been coming in so much on the VWP, will that raise a red flag to the border patrol officer now?

- How likely is it that this time he will get a "warning?" (We've read here and there that it is possible to be allowed in the country THIS time, but get a "warning" that he wouldn't be allowed to come back into the country again without a "proper" visa -- is this true?)

- How likely is it that he will be turned away and sent back, even with the proper documentation? (His lawyer seems to think he'll be fine and shouldn't have a problem)

- This might be a dumb question, but what exactly should he tell the border patrol officer when asked the reason for his visit? It's partly to see me, but mainly to get his business up and running so he can *finally* send in the application. I'm obviously aware that you should *NEVER* lie about your reason for visiting or your intentions. I guess I'm just wondering if he should say he's here on the VWP as a "tourist" and then explain his situation, or just say "I'm here on business?" (If he says that, wouldn't they automatically look for a B type visa? -- which he won't have) Just curious about what exact wording he should use. Obviously he'll be prepared to show them anything they ask for, but we weren't really sure how exactly he should explain it when asked? (Last time he got lucky that he wasn't asked at all!)

- If he DOES in fact get turned away for whatever reason, will he be allowed to make a phone call? (I would hate being in the dark, having no idea what is going on!!) Just curious for people's opinions on whether or not they think he'll be okay or not. I mean, hopefully he will be -- he's planning on investing money into a business that would be employing Americans and from what I understand, E-2 visas (especially when investing several hundred thousand dollars) are easily approved and usually you've not given much trouble? But I could be wrong! Hence why I'm here asking all you VJ'ers for advice!

Any insights would be MUCH appreciated. I'm getting so excited to see him again (but my nerves about the possibility of him not getting him are making me so queasy!). Just two more days though! I feel like a little kid on Christmas! Yippee!!

[Que Saudade 284]

- Because he has been coming in so much on the VWP, will that raise a red flag to the border patrol officer now?

Possible. Doubtful, depends on the CBP.

- How likely is it that this time he will get a "warning?" (We've read here and there that it is possible to be allowed in the country THIS time, but get a "warning" that he wouldn't be allowed to come back into the country again without a "proper" visa -- is this true?)

Don't know

- How likely is it that he will be turned away and sent back, even with the proper documentation? (His lawyer seems to think he'll be fine and shouldn't have a problem)

This is a possibility every time someone enters. Doubtful, but to the discretion of the CBP and what he perceives.

- This might be a dumb question, but what exactly should he tell the border patrol officer when asked the reason for his visit? It's partly to see me, but mainly to get his business up and running so he can *finally* send in the application. I'm obviously aware that you should *NEVER* lie about your reason for visiting or your intentions. I guess I'm just wondering if he should say he's here on the VWP as a "tourist" and then explain his situation, or just say "I'm here on business?" (If he says that, wouldn't they automatically look for a B type visa? -- which he won't have) Just curious about what exact wording he should use. Obviously he'll be prepared to show them anything they ask for, but we weren't really sure how exactly he should explain it when asked? (Last time he got lucky that he wasn't asked at all!)

The truth. I don't know about conducting business on a tourist visa.

- If he DOES in fact get turned away for whatever reason, will he be allowed to make a phone call? (I would hate being in the dark, having no idea what is going on!!) Just curious for people's opinions on whether or not they think he'll be okay or not. I mean, hopefully he will be -- he's planning on investing money into a business that would be employing Americans and from what I understand, E-2 visas (especially when investing several hundred thousand dollars) are easily approved and usually you've not given much trouble? But I could be wrong! Hence why I'm here asking all you VJ'ers for advice!

Yes, as long as he has the means to make a phone call.

Any insights would be MUCH appreciated. I'm getting so excited to see him again (but my nerves about the possibility of him not getting him are making me so queasy!). Just two more days though! I feel like a little kid on Christmas! Yippee!!

Why don't you guys just get married?????

Edited July 31, 2012 by Que Saudade

[NYCGirl18 1]

"Any insights would be MUCH appreciated. I'm getting so excited to see him again (but my nerves about the possibility of him not getting him are making me so queasy!). Just two more days though! I feel like a little kid on Christmas! Yippee!!

Why don't you guys just get married????? "

Hahaha, it's been talked about but neither of us is ready yet. We've only been together 8 months. Don't want to rush it! (He keeps saying "I don't want to get married for a visa - I want to get married when we're ready!")

[Que Saudade 284]

"Any insights would be MUCH appreciated. I'm getting so excited to see him again (but my nerves about the possibility of him not getting him are making me so queasy!). Just two more days though! I feel like a little kid on Christmas! Yippee!!

Why don't you guys just get married????? "

Hahaha, it's been talked about but neither of us is ready yet. We've only been together 8 months. Don't want to rush it! (He keeps saying "I don't want to get married for a visa - I want to get married when we're ready!")

Good for you guys. The way it should be. As long as he doesn't overstay and doesn't get up near the maximum time allowed. He should be fine.

[NYCGirl18 1]

Good for you guys. The way it should be. As long as he doesn't overstay and doesn't get up near the maximum time allowed. He should be fine.

Awww, thanks! Yeah, I would hate to think that he was asking me to marry him just so that he could get a visa. Thankfully, he's not that type of guy. He says he only wants to get married once, and has always envisioned him dating the girl for a year or two before the engagement, which I can really respect. I'm the same way.

I really hope he'll be okay. He has never overstayed, and always leaves after two months just to be on the safe side.

Also - to follow up on one of the points in your first response: So he shouldn't say anything about being here for "business," but should explain the situation and say that the only reason he's here under the VWP so much is because he's trying to get everything set up for his company? Or ... any other suggestions? Do you think they'll give him a hard time?

[Que Saudade 284]

I truly don't know about that.Maybe someone more experienced will comment. It has been my knowledge to always tell the truth so nothing can come up later. But, I don't know.

Good luck, I am sure everything will be ok.

[NYCGirl18 1]

I truly don't know about that.Maybe someone more experienced will comment. It has been my knowledge to always tell the truth so nothing can come up later. But, I don't know.

Good luck, I am sure everything will be ok.

Okay, thank you so much! Hopefully it will be fine, and if anyone else has any advice, it is welcomed! =)

[ceadsearc 516]

VWP can be used for business purposes much like a B-1 can be used. Check out the State Dept's website on it: http://travel.state.gov/visa/temp/types/types_1262.html From your post I'm not exactly clear on what he is doing here, so I'm not sure if it falls in that category. For example, working for foreign media - including film - requires a media visa.

That said, two things:

1. he shouldn't lie. Especially not if he wants to live here permanently one day, that could seriously bite him in the rear later.

2. VWP, like other non-immigrant visas, are for visiting. If he is spending more time in the US than out it's entirely possible he could be given a warning or simply denied entry at the border, even if he is using the visa for its proper purpose.

[NYCGirl18 1]

VWP can be used for business purposes much like a B-1 can be used. Check out the State Dept's website on it: http://travel.state.gov/visa/temp/types/types_1262.html From your post I'm not exactly clear on what he is doing here, so I'm not sure if it falls in that category. For example, working for foreign media - including film - requires a media visa.

He has set up an American company, but needs to dot the i's and cross the t's on certain things before he can even apply for the E-2 visa. Just to be clear, he is NOT working while over here because he knows he can't legally.

That said, two things:

1. he shouldn't lie. Especially not if he wants to live here permanently one day, that could seriously bite him in the rear later.

Right, we know that. Just wasn't sure if there would be an easier way to go about explaining the situation, that's all!

2. VWP, like other non-immigrant visas, are for visiting. If he is spending more time in the US than out it's entirely possible he could be given a warning or simply denied entry at the border, even if he is using the visa for its proper purpose.True ... and that is what scares me.

[Que Saudade 284]

you guys will be fine. He is not trying to immigrate. He is not trying to "skirt" the system. You guys will be fine.!!

[NYCGirl18 1]

you guys will be fine. He is not trying to immigrate. He is not trying to "skirt" the system. You guys will be fine.!!

Thank you so much for your advice and support. We appreciate it. =)

[NYCGirl18 1]

He made it in!!!!!!!! :D :D :D :D :D

[Que Saudade 284]

He made it in!!!!!!!! :D :D :D :D :D

Seeeeeee, no worries. Have fun!!!!