Girlfriend denied re-entry after her current stay is over. Advice please?

[CrabKitty 0]

Hello Visa Journey community. I've litterally just signed up to the site in hopes that someone here can provide advice for myself and my girlfriend?

We're a couple of just over two years, met online, you know how it goes. She lives in England, and I've visited her there once. She has been to visit me in the States twice previously, and is currently on her third visit. The first two times were about a year apart. However, this is where our current problem begins.

I explicitly recall the US immigration website stating that if you are traveling under the Visa Waiver Program (VWP), then there is no deterimined time bracket that you must observe between visits to the US. As long as it is not frequent enough to raise questions regarding an atempt to live in the US illegaly of course. Maybe I'm mistaken? Anyway, after about three months apart we pooled money together and she made the journey back for another prolonged visit. We made the mistake of assuming that 3 months would be a substantial enough time frame to seperate her visits without issue. However, an US immigration officer had other oppinions on the matter.

During a talk with her, then a talk with me on the phone, the officer informed us that 6 months was the required gap of time between visits to the US for anyone on the VWP, and as such she should not be allowed entry into the states. After questioning us about the prospect of her living here in the states with me, we explained that we plan to file for a fiance Visa so that we can get married and live her together. However we explained that with the waiting times involved, it probably wouldn't happen for another year or so. As such, her visit now was only going to be (I think) 89 days, and she would return home to england on a flight we already had a ticket for. He didn't seem convinced, but finally he told us both that he would let her in the country for her visit, but she would never be allowed to visit here again under the VWP. If she ever wanted to return to the United States, she would be need a Visa.

So this is our problem. We both find the idea of being apart without so much as a visit for the duration of the K-1 fiance visa application process to be really hard to stomach. I work, so I can't make anything more than a brief visit to the UK. I looked into how to make an appeal, but the webpage (http://www.uscis.gov/forms/questions-and-answers-appeals-and-motions) mentioned that you could find information regarding how to make an appeal on your denail notice. She did not recieve a denial notice. I assume the officer is allowed to make such a ruling, but is there a way I can make an appeal? Or maybe some other solution I haven't though of? I thank anyone and everyone that can provide us with any information or advice.

[Jacque67 7,328]

I think the officer was on a power trip. She can visit you again on the VWP. What airport was it?

[CrabKitty 0]

I think the officer was on a power trip. She can visit you again on the VWP. What airport was it?

Philidelphia International. My girlfriend has had several bad experiences there.

He did have a bit of a power trip vibe when he talked to me on the phone. He raised his voice a lot, and also called me a "smart***" when I asked (in an admitedly frustrated tone) why his information was different from the website. He also blatantly lied to me about what my girlfriend had said to him previously when he questioned her.

[Jacque67 7,328]

Try a different airport.

I doubt making an appeal would make any difference. Bottom line she is allowed to try and enter the States again on the VWP.

[Hypnos 6,577]

Removed.

Edited July 6, 2014 by Hypnos

[CrabKitty 0]

Try a different airport.

I doubt making an appeal would make any difference. Bottom line she is allowed to try and enter the States again on the VWP.

We will try a different airport then. I'm still a bit worried she'll be denied however. What if we put forward all that money to get her here again, only to be denied? Regardless, thank you very much for your input.

[Hypnos 6,577]

It's possible he has placed a notation in their system for her to be given additional scrutiny if she comes to the US again in so quick a time. It's unlikely he's done anything beyond that, especially if she was eventually granted entry.

The VWP (and a B-2 visa, by extension) is not meant to be used for de facto living in the US. If it reaches the point where your girlfriend is present in the US more than she is outside (i.e. more than six months in any twelve month period) then they may believe she is living in the US on a tourist visa and she will likely be denial entry the next time she attempts this.

Honestly, the CBP officer sounds like kindof a #######, although there is a legitimate problem that it stemmed from.

If the timeline on your recent incident was this:

A three month stay -> three months in the UK - > seeking another three month stay then you can see how they may think she is spending too much time in the US. Usually the limit is six months in any one year should be outside the US, and she is right up against that. The fact that she has not yet gone over it is probably the only reason she has not been formally denied entry yet.

Edited July 6, 2014 by Hypnos

[ricnally 258]

*

Edited July 7, 2014 by ricnally

[*Snowdrop* 604]

It might be better to try for a shorter stay next time as well. Visitors who have an established life in the UK cannot usually stay for repeated and regular 3 month visits at a time so it looks very odd to the immigration officer.

During my long distance relationship with my husband I travelled about sex times each year to the US for three years two before marriage and one after marriage while we were waiting for the visa to process. Most of those trips were 2 weeks or less each time. I was never questioned about it once in three years.

So you might be safer with several short trips rather than one long one -although I know that is so much more expensive in terms of flights. I've never added up what that cost us but it was a lot.

[kehills 217]

My husband traveled in and out on the VWP three times in 2013; two weeks in March, 20 days in September, 5 weeks in Dec/Jan. He never had a problem, so it's definitely not the frequency of travel that is at issue for your GF. As Hypnos said, it seems like the fact that she is butting right up against "living in the United States illegally" that's the issue.

Try for shorter visits, more akin to those that match folks that have jobs (or academic vacation breaks).

[Jawaree 718]

He definitely put that in the system with that attitude,she

sholud apply for visitors visa, or U do K1 asap if that's your intent

do not mess up yourselves trying another airport, that's wasting

money that could go to K1, waiting a yr is better than more probs.

[B & G 200]

As other have stated, when it comes to visiting the US you have 2 options to lessen the chance of being taken into a secondary interview and avoiding being denied entry.

Option 1 Long stays but max 2 a year with preferable 6 months between trips.

or

Option 2 Frequent visits but short visits. 1 month in the US and 2 months between trips.

Always keep in mind.. spend more time out of the US then in it.

[southcoast 27]

If you are prepared to file a K-1 at this time, why not just get married and adjust her. Her intent at the time of entry was that of a tourist, so she has broken no laws. Also, although it is a VWF entry, USCIS has been adjusting those cases without a problem assuming that there are no underlying problems with the petition.

[Boiler 45,727]

There is no appeal, they let her in anyway so job done.

If she is looking to enter again as a visitor give it 6 months or so and do not do such long 'visits'.

There is no shacking up visa so sounds like you have a call to make.

[Jon and Krissy 452]

Get married now and have her adjust status while in the USA. Solved.

Hello Visa Journey community. I've litterally just signed up to the site in hopes that someone here can provide advice for myself and my girlfriend?

We're a couple of just over two years, met online, you know how it goes. She lives in England, and I've visited her there once. She has been to visit me in the States twice previously, and is currently on her third visit. The first two times were about a year apart. However, this is where our current problem begins.

I explicitly recall the US immigration website stating that if you are traveling under the Visa Waiver Program (VWP), then there is no deterimined time bracket that you must observe between visits to the US. As long as it is not frequent enough to raise questions regarding an atempt to live in the US illegaly of course. Maybe I'm mistaken? Anyway, after about three months apart we pooled money together and she made the journey back for another prolonged visit. We made the mistake of assuming that 3 months would be a substantial enough time frame to seperate her visits without issue. However, an US immigration officer had other oppinions on the matter.

During a talk with her, then a talk with me on the phone, the officer informed us that 6 months was the required gap of time between visits to the US for anyone on the VWP, and as such she should not be allowed entry into the states. After questioning us about the prospect of her living here in the states with me, we explained that we plan to file for a fiance Visa so that we can get married and live her together. However we explained that with the waiting times involved, it probably wouldn't happen for another year or so. As such, her visit now was only going to be (I think) 89 days, and she would return home to england on a flight we already had a ticket for. He didn't seem convinced, but finally he told us both that he would let her in the country for her visit, but she would never be allowed to visit here again under the VWP. If she ever wanted to return to the United States, she would be need a Visa.

So this is our problem. We both find the idea of being apart without so much as a visit for the duration of the K-1 fiance visa application process to be really hard to stomach. I work, so I can't make anything more than a brief visit to the UK. I looked into how to make an appeal, but the webpage (http://www.uscis.gov/forms/questions-and-answers-appeals-and-motions) mentioned that you could find information regarding how to make an appeal on your denail notice. She did not recieve a denial notice. I assume the officer is allowed to make such a ruling, but is there a way I can make an appeal? Or maybe some other solution I haven't though of? I thank anyone and everyone that can provide us with any information or advice.