Visiting US-Proving strong ties to UK

[MCherie 10]

My husband and I just recently got married in the UK (yay!) and I've been in the UK with him since May 30 2013. I was allowed to stay here for six months on my marriage visa so I'm planning to leave in early October. We are filing the I-130 paperwork at the end of this month so he can come to the US and live with me. Here is my question;

My husband is going to come back to the US with me, same flight and all, in October. He is using the VWP and he's just going to come visit for a little while (under 90 days). We're hoping we'll find out his interview date while he's visiting and he can fly back for that (whenever it might be, within the 90 day span). If we don't find out that's fine as well and he'll just stay for the alloted 90 days. How can he prove strong ties to the UK to prove he will be coming back to the UK. Just saying "oh well he's coming back for his interview at the consular office" doesn't seem proof enough to me so I'm sure it won't be for customs. He has no job in the UK, he isn't in school anymore. He doesn't own or lease anything, he lives with his parents. All he has in his name is a phone bill and bank account. I can't really think of anything to help prove strong ties. I can show them the receipt for the paperwork we're filing to prove that we are doing it the right way. Will it help him in customs since I'm there with him? Last time he came to visit (on his own) customs held him for over 4 hours (he was still using VWP). Eventually they let him come through (we weren't married at the time). I'm unsure if us being married is going to make it even harder this time.

I can prove financial stability and I'll be taking full responsibility of him while he's here. I have a full-time job and am a full-time student. What can I do to help him get through customs and prove strong ties? Thanks.

[mariepear 12]

Last time when I was visiting my fiancé in the US they asked me if we filed for the K1 visa and wanted to see that we are doing it the right way...I was in the same position... No job, I already left school so I could be with my fiancé while we wait for the interview... I spent 5,5 months in the US on my Tourist visa... They seemed fine once they saw we are doing it the right way...

[Anna Grant 169]

See this long running thread of people's experience with visiting whilst on a K1 - still relevant to you:

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

This is a useful link for documents you should consider bringing:

http://www.visajourn...content/k1visit

I was in a similar situation (no job, no home) and traveled twice for 89 and then 90 days with just a 6 week gap (not really recommended - you are supposed to spend more time out of the US than in it). All I was asked for was my return ticket.

[MCherie 10]

Well since I am buying our tickets together and I don't plan to return to the UK (for a long while) I'm buying the tickets as one way (I want to ensure we're on the same flight). So he will only have a one way ticket. Will that cause problems??

[mariepear 12]

Well since I am buying our tickets together and I don't plan to return to the UK (for a long while) I'm buying the tickets as one way (I want to ensure we're on the same flight). So he will only have a one way ticket. Will that cause problems??

It could... Return tickets are aslo cheaper... At least for me... Even when I come to the US forever I'm gonna buy a return ticket and miss my flight back...

[Anna Grant 169]

Well since I am buying our tickets together and I don't plan to return to the UK (for a long while) I'm buying the tickets as one way (I want to ensure we're on the same flight). So he will only have a one way ticket. Will that cause problems??

Very likely, if he's travelling on the VWP - see under 'Travel Must Be On An Approved Carrier' here:

http://travel.state.gov/visa/temp/without/without_1990.html

Also under 'Who is eligible to apply for admission under the Visa Waiver Program?' under the ESTA FAQs:

https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm

Edited August 15, 2013 by Anna Grant

[MCherie 10]

I'll look into getting us return tickets then. I just want to make this easier than his last visit, he was given such a hard time in customs and they almost didn't let him in cause of his lack of ties to his home country. He does collect benefits from the UK, would showing proof of that help his ties to the country since he has to actually live in the UK to receive them?

[Anna Grant 169]

I'll look into getting us return tickets then. I just want to make this easier than his last visit, he was given such a hard time in customs and they almost didn't let him in cause of his lack of ties to his home country. He does collect benefits from the UK, would showing proof of that help his ties to the country since he has to actually live in the UK to receive them?

Not really. As once he leaves the UK for 90 days, he will no longer be able to claim them (assuming that they are the type of benefits where you need to turn up in person every week to 'sign on').

What does he have in the list of documentary proof in the link I posted earlier?

[MCherie 10]

No he doesn't have to show up every week for his benefits or "sign on" to anything. He will still be able to claim the benefits while he's temporarily out of the country.

From the list of documentary proof you posted for me he has the following;

Return ticket

Copy of the I-130 packet made and if we get a NOA during out wait (not leaving till October) then we'll bring those as well.

Other than that nothing. It does say on the list "If you do not appear to have the means to support yourself while in the U.S. a letter from whomever you will be staying with stating that they will be financially responsible for you during your stay." Do I need to write a letter for him since I will be supporting him while he's in the US with me? I would imagine not since I'll be at the airport with him, going through customs as well. I'll just be able to tell them face to face that I'm supporting him and I'll have proof of my finances with me to support the claim. Should I still write a letter though?

[Anna Grant 169]

No he doesn't have to show up every week for his benefits or "sign on" to anything. He will still be able to claim the benefits while he's temporarily out of the country.

From the list of documentary proof you posted for me he has the following;

Return ticket

Copy of the I-130 packet made and if we get a NOA during out wait (not leaving till October) then we'll bring those as well.

Other than that nothing. It does say on the list "If you do not appear to have the means to support yourself while in the U.S. a letter from whomever you will be staying with stating that they will be financially responsible for you during your stay." Do I need to write a letter for him since I will be supporting him while he's in the US with me? I would imagine not since I'll be at the airport with him, going through customs as well. I'll just be able to tell them face to face that I'm supporting him and I'll have proof of my finances with me to support the claim. Should I still write a letter though?

Write him a letter. You may be at customs with him but you will be going through the USC line - he is unlikely to be allowed to do that, so you will not be together going through customs. Writing a letter is better than saying 'You see that person over there? That's my wife and she will vouch for me.'

[MCherie 10]

Okay. Anything else I can do to help his chances?

[Anna Grant 169]

Okay. Anything else I can do to help his chances?

OK. Where does he stay in the UK? Parents? Friend? Can someone write a letter which says 'Fred rents a room from me at $120 a week. I expect him to return to occupy his room on 1 December 2013. All his possessions are still in his room. If I can be of further assistance, please contact me on xxxxxxxxxxx'. That's what I got my friend to do for me who I was renting a room from. I also went to WH Smith and bought a rent book for her to complete.

I also took time stamped photos of my possessions in my room - I took them an hour before I left for the airport.

Ensure he has a return ticket and he carries a copy of that ticket with him. Ensure he prints out a copy of his ESTA (they say you don't need it but I know of one person who had this queried and the CBP person insisted that they go to the ESTA site to prove they had one).

Any car? Insurance of that car? Other bills? Phone contract? Really - anything that shows that he HAS to come back to the UK.

Edited August 16, 2013 by Anna Grant

[MCherie 10]

Okay, he lives with his parents but he pays them rent bi-weekly. I could ask them to write him a letter saying he pays rent and expect him back. He has a phone contract in his name and pays for it out of his own account. No car or car insurance.

We can also take pictures of his room before we leave for the airport. It'll still have all his bigger belongings (such as bed, sofa, computer).

Thanks a lot for your help. Hopefully this will be enough to let him in, they did last time with way less but again, it was a huge hassel and took hours.