My experience so far and visiting for 3 weeks during processing time I need reassurance please...

[GeeH 5]

Hi all,

This is my first post, though both my partner and I have used this site copiously for our I-129F process and I must say it was the best thing we could have found - Thank you!

I went to visit my, then boyfriend, fiance a few times since September 2012. At first I had intended to visit him then travel to Canada where I was to start a work visa, which I had gotten through the Experience Canada scheme. The visa was due to expire April 25 2013, so I had plenty of time to visit him and then move over at the end of November 2012. However, due to many reasons beyond my control - family and best friend related issues - I had to make an impromptu trip back to the UK instead, cancelling my trip to Canada. However, while I was in the US with my love we discussed me being there for Christmas and New year and celebrating our 30th birthdays together (which are only 2 weeks apart in january). So, my initial plans were to go to US, move to Canada for work and visit him over Christmas and January. After the impromptu visit back to the UK and having to cancel the Canada plans I still decided to stick to the Christmas and Birthday plans and went back to the US from the UK. This meant that it looked as though I had only been back home for 3.5weeks and was making another long trip to the US - my return ticket was dated March 12th, I thought since my Canada visa didn't expire until April 25 I would be able to still use it if I got back from the US on March 12.

My re-entry was Christmas Eve 2012, direct flight from London to LAX. I hadn't really seen this site then so I didn't know what to expect. He also hadn't proposed at this point so I was technically still his girlfriend and there was no visa petitions in progress. However, when I got to POE the officer asked me when was my return for, I answered 12th March, Next question "when did I last leave the states?" he had it all on his screen, all my entry and exit dates and I think he was just testing my answers. He asked the purpose of my visit and how I was looking after myself, I answered honestly, that I was staying with my boyfriend, that he was looking after me while I was there and that he had visited me in the past and now it was my turn to do the same.

He asked some questions about how we met, his job etc etc and he then looked at me sternly and said "You're lucky I believe you, to me it looks like you would be living here, you only went back home a few weeks in between your trips and the ESTA is not intended for such trips. I will let you through this time but be warned the next time you do this you might be sent to secondary and you might just be put on a flight back if they don't believe your story" I didn't have any evidence with me apart from means to support my self, I also am self employed and I moved back into my mums to help save money for my trip. Anyway, he let me through and before he did his final words were "next time get another visa or get married!" I joked with him about that and said it's not something I'm going to force upon my boyfriend... I didn't have to as he proposed after our birthday party which we then decided to start all our paper work and the process rolling (though that was when we started everything he said he wanted to do it properly with parents consent etc, so he did it again properly in Paris on the Eiffel Tower in april on his visit to me - cliche but the best thing ever !! )

So after deliberating and looking into matters I cancelled my Canada plans completely, it was sad because it would have been an experience worth trying, but after spending such a lovely time together over the past few months and him proposing we got even closer and even more in love and I just didn't think being in Canada, rather than in the UK, would have been the best thing to do. Plus I got to see my new niece who was born March 9th and see my family loads before I will leave them for a long long time.

BUT my next dilema is that I am due to fly back out to the US this Thursday. His family have planned a big trip to Hawaii, which I'm invited to as being his fiance, and he paid for the flights and his parents have paid for the accommodation. I get in to LAX thursday evening and fly out from LAX on Friday morning to Hawaii. My fiance says I should just go through POE and he will pick me up so I can have somewhere comfortable to sleep for that night and he can see me even for a few hours before flying out to Hawaii, where i will meet him there anyway, on the Friday. I haven't gotten any different visa as I thought I could still travel on ESTA? We will only be in Hawaii for 10 days and I then go back to LA and fly home to the UK on the 25th June.

My concern is that I will be inquisitioned and not allowed to leave the airport at LAX during my layover or worse still, what that last POE said, get sent back to the UK. But why would they do that? What should I expect? I have various appointments I need to get back to plus a trip to Sweden I am making on the weekend I return to the UK, but I don't have any letters for work as I contract from job to job and I don't have anything booked in yet, as I tend to get my bookings the week before. I could ask my recruiter to email me saying he will have something ready for me for my return, but would that be sufficient enough? Does anyone think I will have any issues regarding my last 2 trips where I stayed about 82 days the first trip and 78 days the second.

A bit about me and my last couple stays: I stayed with him as well as made some trips to visit other friends I have out there in Chicago and San Diego, plus trips to Las Vegas, palm springs, phoenix Arizona and Oakland. When I got back to the UK, I was booked in for work immediately on both occasions. I make a pretty decent living when I work, and as I don't pay rent at my mothers house I get to save quite a bit, so I still have good savings left even though I was out there for such a long time before, which are all now going towards our wedding and future plans (which by the looks of it the NOA2 should be coming through end of July or August!!)

I guess I just want to know if anyone has been out there for long periods of time and then gone back during their K1 processing time? Also, if there are certain things I should and shouldn't mention from my trip? I'm planning on having all my appoinment details for my return with me plus evidence of my savings account.

I'm sorry for such a long essay, but I needed to get my worries and story off my chest. thanks for your time all

GOOD LUCK people!

[Hypnos 6,576]

Since you got a grilling last time (which will have been noted on your files, including your passport) then I am unsure you will be granted entry this time, since it's so close to your other entry. In general terms, tourists must spend (or plan to spend) more time outside the US than inside. CBP may believe that you are attempting to de facto live in the US on a tourist visa, which is not permitted.

I would say you should expect a trip to secondary at a bare minimum. You should also be prepared for them to deny you entry and place you on the next flight back to the UK.

You should bring any evidence you have that indicates you must return to the UK after your visit to the US. This can include: appointment letters, employment letters, letters from a university, etc. You will only have one opportunity to try and convince secondary that you do not intend to remain in the US on this trip, so you should bring absolutely everything you can think of to this end. You should also bring a copy of the NOA for your I-129F as this may help to show CBP that you are trying to do things legally.

Edited May 27, 2013 by Hypnos

[Hannah777 8]

You need proof of ties to your home country. I am going through the same thing. I have been denied entry last time I tried to cross the border for lack of ties. It's one of the hardest things to deal with emotionally. Since my denial, I have been in Canada (my home country) for 8 months and won't be trying til next month. I will be here 9 months. They gave me a list of things I need to prove when I do try to cross again and believe me, I have them all ready. I won't be unprepared again! Get your sh together. What you have right now won't allow you to cross.

[Nich-Nick 3,354]

By my calculation, not knowing the exact Sept 2012 entry date, it seems that you have spent 62%-65% of your time in the US. That would often be considered excessive use of visa waiver privileges. They warned you on your last visit. It's noted in your record. You don't have strong ties to home. (Sorry, they are pretty weak.) It doesn't matter if you were in Hawaii, LA, Chicago, or Arizona...you were in the United States more than you were in your home country. The odds are not in your favor, but it's ALL up to the officer on duty to decide. If you are lovely and convincing, you may be welcomed in. Or if Mr. Grumpy is on duty, you may go back to the UK. There are no specific black and white rules. All you can do is try.