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Filed: Other Country: Australia
Timeline
Posted

Hi everyone,
Well.. the time has finally come :D
After being apart from my US boyfriend for 9 months, I will be flying to the USA (from Australia) in July to visit him!!
I have paid for a return ticket, I arrive in the US on the 18th of July, and depart on the 16th of October.. but my question is, what are my chances of being granted the 90 days at the border?
Do I tell the officer at POE (in Dallas) that I am here for 90 days to visit my boyfriend as we havent seen each other for 9 months? I'm hoping the fact that I have a return ticket will be enough to ensure that I am not a "risk".. as well as the fact that I have beautiful toddlers at home waiting for me.. the only issue, in my opinion, is that I work from home, and my divorce was granted this month :/
Or do I do the wrong thing and lie, and say I am here to visit friends for the entire time, who live through out Southern USA?
My boarding pass, and passport, etc, all list me as being "Mrs" still..
While I do not want to lie, I also do not want to be given less than 90 days.. How many of you have been in this situation?
If it helps any.. I visited my boyfriend in October last year, for 8 days.. I was given from Oct 24 til Jan 21 stamped in my passport..

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

If you have strong ties to your homeland you will be just fine they will have to think of something seriously suspicious not too

my friend kyle just went to see his partner for 3 months he has 4 weeks left his poe was lax he had no problem

just dont ever lie thats a key factor for later in immigration if you plan to move there one day

but if you have toddlers thats pretty strong ties

and the divorce thing i cant speak to clear on that but to me that would be like having a break after a bad ordeal

so id pack your bags and be pretty confident you will through no problems

thats my opinion

i went to california 2 times last yeah and once this year 4 weeks each time to visit my partner and had no trouble just spoke truthfully and it was fine

Posted (edited)

I've never been stamped for less than 90 days, even when I've said I'm only going to be in the USA for a few days (and I've been to the US, like, 20 times all on VWP).

Just be honest, make sure you travel with your return ticket info. That's really important and actually a requirement of ESTA/VWP.

It might help if you also pop a copy of your rental or mortgage agreement in your bag for your home, or like car insurance or anything like that that shows you've got a life in Australia you need to go back to. Having your kids back home is a good strong tie.

They might also want to know how you're supporting a trip of 90 days financially (as for most people that might mean being off work for that long).

You don't need to lie, but you also don't need to over-share. Answer the questions directly and specifically as requested, rather than arriving at the desk and immediately blurting out the entire story!

Edited by lost_at_sea

* I-130/CR-1 visa by Direct Consular Filing in London
3rd May 2013 - Married in London

7th May 2013 - I-130 filed
4th June 2013 - NOA2 (approved)
16th July 2013 - Interview (approved)
30th July 2013 - POE San Francisco
29th August 2013 - 2 year green card arrived

 

* How? Read my DCF London I-130 for CR1/IR1 Spouse Guide

* Removal of Conditions (RoC) via California Service Centre
1st May 2015 - 90 day RoC window opened
6th May 2015 - I-751 filed (delivered 8th May, cheque cashed 18th May)
7th August 2015 - Approved / GC production

27th August 2015 - 10 year green card arrived

* Naturalisation (Citizenship) via Phoenix Lockbox

* San Francisco Field Office:
1st May 2016 - N-400 window opened
20th August 2016 - N-400 filed

26th August 2016 - NOA1
13th September 2016 - Biometrics

12th January 2017 - Biometrics (again)
30th May 2017 - Interview (approved)
7th June 2017 - Oath

Filed: Other Country: Australia
Timeline
Posted

Well we do plan to get married eventually so we dont have to continue traveling back and forth.. so I'll be sure to be truthful for future reference and tell them that I am visiting my boyfriend, and wanting the 90 days because we have been apart for 9 months, and will probably be apart for 9 months again AFTER this trip, because of saving again to see each other..
I will have almost 3,000 in savings when I arrive in the USA, and I will be staying with a friend free of charge.. so I hope it will all be ok..
I'll have lots of pictures of my kidlets because I am going to miss them so much for the time I am away :(
Thanks so much for your help :)

Filed: K-1 Visa Country: Wales
Timeline
Posted

VWP requires a return ticket.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

You can tell them what you have told us. You're visiting your boyfriend for 90 days.

My advice however is do it for something like 85ish days to allow for flight delays or anything else that could stop you going home. Because apart from being in a coma, just being in the States one second too long will trigger a VWP ban and you can only return on a visa.

As others have said, take proof of your life back home, though the POE probably won't ask to see it. If they do, then you have it to hand.

Other than that, I hope you have a lovely time with your boyfriend :)

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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