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Filed: Citizen (apr) Country: England
Timeline
Posted

OK, so I know these "can I visit my spouse on the VWP when .................." yada, yada, yada, have been done to death, but bear with me.

Yes, I know my wife can visit me from the UK on the VWP. But here's the thing: this will be the first time she's visited as my wife. The other time we still just dating. AND we haven't started the CR-1 process yet. I was just wondering if the fact that we're married now might count against her in some way in the mind of an over-zealous IO regarding a possible overstay. Would she better off just saying 'visiting boyfriend" like last time? All her travel documents are still in her maiden name after all.

Does this make any sense at all? or am I worrying about nothing?

Naturalization Timeline:

Event

Service Center : Phoenix AZ Lockbox

CIS Office : Saint Louis MO

Date Filed : 2014-06-11

NOA Date : 2014-06-16

Bio. Appt. :

Interview Date :

Approved :

Oath Ceremony :

Comments :

Filed: Other Country: United Kingdom
Timeline
Posted

'Visiting boyfriend' will come back and bite you on the nadgers when you do come to file for the visa and they look at the date you were married compared with the date she tell a US official that you're only a boyfriend.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Filed: Citizen (apr) Country: Germany
Timeline
Posted

'Visiting boyfriend' will come back and bite you on the nadgers when you do come to file for the visa and they look at the date you were married compared with the date she tell a US official that you're only a boyfriend.

Yes. Lying to immigration is a big No-No. On the other hand, no need to volunteer information either. If they do ask, she will have to answer every question truthfully though.

K1 Visa
Feb. 29, 2012: I-129F sent
March 8, 2012: NOA1 (VSC)
August 30, 2012: NOA2
Oct. 1, 2012: Packet 3 received
Nov. 3, 2012: Packet 4 received
Nov. 15, 2012: Interview - approved!
Jan. 18, 2013: POE New York Seaport
Feb. 2, 2013: Wedding

AOS
March 6, 2013: AOS Package sent
March 12, 2013: I-485, I-765, I-131 NOA's
March 29, 2013: Biometrics Appointment

May 10, 2013: EAD/AP approved
Sept. 5, 2013: "Potential Interview Waiver Case" letter received
Nov. 2, 2013: AOS approved (no interview)

ROC
Aug. 4, 2015: I-751 sent
Aug. 6, 2015: NOA1 (CSC)
Sept. 4, 2015: Biometrics Appointment
Feb. 10, 2016: ROC approved

 

Dual Citizenship
Aug. 26, 2016: BBG application sent (permit to retain German citizenship)
Nov. 21, 2016: BBG approval notice received (p/u at German Honorary Consulate, OKC: Feb. 6, 2017)
Dec. 8, 2016: N-400 sent
Dec. 12, 2016: Priority Date (NBC)

Jan. 9, 2017: Biometrics Appointment

Aug. 31, 2017: In-Line for Interview

Sept. 6, 2017: Interview Scheduled

Oct. 16, 2017: Interview

Oct. 25, 2017: Oath Appointment Letter received

Nov. 1, 2017: Oath Ceremony

Filed: Citizen (apr) Country: England
Timeline
Posted

K, that's what I figured. Next question, in that case, is obviously the name thing. As previously mentioned, all her travel documents are still in her maiden name, despite her legally taking mine (and no "well she should have changed that shouldn't she" type lectures, please - she hasn't and it is what it is).

Any issues with that?

Naturalization Timeline:

Event

Service Center : Phoenix AZ Lockbox

CIS Office : Saint Louis MO

Date Filed : 2014-06-11

NOA Date : 2014-06-16

Bio. Appt. :

Interview Date :

Approved :

Oath Ceremony :

Comments :

Filed: Citizen (pnd) Country: Canada
Timeline
Posted

I don't see the lack of name change as an issue. All my travel documents are in my maiden name even though I am married and in all my crossings to the US or elsewhere I have never been asked about that.

Your wife should declare her marital status in relation to you if they ask her, otherwise she doesn't need to offer any info.

Speak truthfully only when spoken to is the name of the game in immigration smile.png

04/25/2009: First Met and not long after began a long distance relationship.

10/27/2012: Married

12/20/2013 Most recent US Entry. Two week visit intended - decided to switch from consular processing to AOS after change in circumstances.

I-130 - See my profile for detailed info

AOS

02/05/2014: I-693 Civil Surgeon Medical Exam

02/28/2014: (00) AOS sent

03/03/2014: (03) AOS received

03/05/2014: (05) NOA date

03/06/2014: (06) Cheques cashed

03/10/2014: (10) Received hardcopy of NOA's

03/17/2014: (17) Received biometrics notice (appt. date 04/07/2014)

03/18/2014: (18) Successful walk-in for biometrics Brooklyn ASC

04/10/2014: (41) AOS E-mail notification status updated to Testing and Interview

04/16/2014: (47) AOS E-mail notification Interview Appointment Notice for May 19, 2014 @ 9:30 a.m.

05/08/2014: (69) EAD card in production e-mail notification

05/14/2014: (75) EAD card mailed and tracking number e-mail notification

05/16/2014: (77) EAD card received and applied for SSN

05/19/2014: (80) AOS Interview at Federal Plaza - approval pending due to I-130 file not transferred to NYC field office from Nebraska!

06/04/2014: (96) Infopass scheduled in order to show approved I-130 notice and attempt to get I-485 approval sped up. IO wasn't at work so left copy of approved I-130 and written case review request.

06/20/2014: (112) Green card was approved.

06/26/2014: (118) Received e-mail/text notification of green card approval and that card was also mailed. Received USPS tracking number at 6:45 p.m. EST.

06/27/2014: (119) Received green card in the mailbox.

ROC

03/22/2016: (00) I-751 package sent

03/23/2016: (01) I-751 package received at CSC

03/28/2016: (07) Rcvd NOA1 that includes 1 yr GC extension

03/31/2016: (10) Rcvd Bio appt notice (appt. date 04/11/2016)

04/05/2016: (15) Early bio walk-in attempt successful

Filed: IR-1/CR-1 Visa Country: Greece
Timeline
Posted

What name did she use to apply for her ESTA?

If its in her maiden name as is her passport, then you have to issue the ticket under her maiden name.

What the CBP officer wants to see is that the name on the ticket is the same as the name on the passport.

If she wants to travel under her married name then she will need to change her passport and apply for a new ESTA. Name on ESTA and passport must match, or else the airline system will have problems matching your wife's ticket to her approved ESTA.

The last thing you need is to have an issue with the ESTA at the airport when she is departing out of the UK.

CR1 Visa

USCIS
08/13/2013 -- I130 Sent
08/14/2013 -- I130 NOA1 (email)

02/20/2014 -- I130 NOA2 (189 days - email)

NVC

02-28-2014 -- NVC received
04-03-2014 -- NVC case number assigned

05-22-2014 -- Case completed!!!!!!!
05-30-2014 -- Interview scheduled for July 16th 2014 08:30am

05-31-2014 -- Interview Letter received
Embassy
06-24-2014 -- Medical

07-16-2014 -- Interview Approved!!!!!
07-21-2014 -- Visa in hand
09-24-2014 -- POE

 

ROC
09-09-2016 -- I-751 sent
09-17-2016 -- NOA received

10-14-2016 -- Biometric appointment

08-07-2017 -- New card ordered
08-10-2017 -- New card mailed ( still no approval letter)

Filed: Citizen (apr) Country: England
Timeline
Posted

What name did she use to apply for her ESTA?

If its in her maiden name as is her passport, then you have to issue the ticket under her maiden name.

What the CBP officer wants to see is that the name on the ticket is the same as the name on the passport.

If she wants to travel under her married name then she will need to change her passport and apply for a new ESTA. Name on ESTA and passport must match, or else the airline system will have problems matching your wife's ticket to her approved ESTA.

The last thing you need is to have an issue with the ESTA at the airport when she is departing out of the UK.

Another excellent point. I've checked, and ESTA is under maiden name also. She's all set.

Naturalization Timeline:

Event

Service Center : Phoenix AZ Lockbox

CIS Office : Saint Louis MO

Date Filed : 2014-06-11

NOA Date : 2014-06-16

Bio. Appt. :

Interview Date :

Approved :

Oath Ceremony :

Comments :

Posted

Another excellent point. I've checked, and ESTA is under maiden name also. She's all set.

Daymo--I sent a reply to you last night? Did you see it?

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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

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