Boyfriend/Fiance visiting with for 5 weeks.. worried about proving intent to return

[NickD 202]

Coming here on a K1 visa? Either you marry the guy within 90 days or he has to go back. If he goes back, period, have to apply for another K1 visa.

Wonder who came up with 90 days? Really not that much time to spend together, no wonder why the divorce rate is so high.

Too bad he can't get a tourist visa, but this is only reserved for the super rich, including those 9/11 terrorists. Its good to spend some time together before tying that knot.

[Boiler 45,482]

I have made multiple entries and never had anything asked beyond the usual 2 or 3 simple questions.

I remember one was coming into DC for a long weekend and was asked where I was going, I knew it was in Delaware but not the address, he joked that Delaware is not very big.

The last time I ended up in Secondary because in my pre VJ stupidity I had applied for a B2 and been refused. So sort of expected. Even then I was just asked a couple of questions and sent on my way.

[SMINKACHU 0]

A good, focused CBP official is not going to be swayed by some letter....maybe the newer ones think they can use it to justify a poor decision...but not the experienced ones....I could write a letter now, claiming the moon is made of green cheese....does that make it so? No. A letter from the boss, stating, 'we fully expect Ms. X to return to her duties in five weeks' means nothing. 'Fully expect' is an opinion, not a legally enforceable statement of fact.

And how in the world can a utility bill drag someone kicking and screaming out of the US and onto an airplane?

Quite the non-sequitur. I'm not suggesting a letter from my employer is a legally binding means to guarantee access. I've consulted my employers who have informed me the have provided other employees with similar letters including all relevant details to the trip and contact details, so should a border control officer wish to verify the veracity of the document, they can. I'm merely trying to provide the best semblance of tangible evidence. This will be my first time into the States as a married man, so you appreciate my concern and as such any constructive and helpful replies would be appreciated.

[HFM181818 750]

while the letter may be true, it does not bestow a pound of 'bona fide' seeds upon the bearer....the arriving alien still has to be a responsible, truthful, adult. And no letter can change the character of an individual.

[SMINKACHU 0]

while the letter may be true, it does not bestow a pound of 'bona fide' seeds upon the bearer....the arriving alien still has to be a responsible, truthful, adult. And no letter can change the character of an individual.

I completely agree. I'm just trying to do all I can to help my own cause.

[HFM181818 750]

I understand....but placing too much faith in some letter is unwise...after all, it's YOU who has to answer questions posed by CBP, not some coffee-stained, wrinkled piece of paper.

[SMINKACHU 0]

I understand....but placing too much faith in some letter is unwise...after all, it's YOU who has to answer questions posed by CBP, not some coffee-stained, wrinkled piece of paper.

Indeed and I've no concerns about answering questions. I'm curious as to what they're going to ask, or more so what exactly they'd be concerned about.

[yuna628 9,676]

SMINKACHU: I think chances are you're going to be fine. And if you are truthful with any evidence you can offer, and answer their questions correctly you'll still be fine. There are some cases where a person isn't fine, yes. I can tell you from our experience, my fiancé started coming to the US to see me many years ago, when we were a lot younger. His first visit he was asked a great deal of probing questions at length (and he probably also didn't bring much evidence that would have been convincing anyway). But for every question he had an answer. Since that day it never mattered if he said he was visiting his friend, girlfriend, or fiancé - nor did it matter if he stayed a week or 80 days, whether he was employed or in college either. They'd always ask if he intended to marry, and he said no. They'd ask how long his trip was for and what he was doing and that was it. The last time he visited, he flat out told them he would be marrying me once he had obtained our K1. The officer remembered him when he returned with the K1 and wished us luck.

Don't overthink it but don't be underprepared. Truthful and honest.

HFM181818: I don't think you want to give the impression that no matter what an individual says or does or brings to show a CBP that they won't be granted entry. What sort of evidence and honesty would be convincing enough for you? If couples had more confidence that they wouldn't be tossed out even when they are honest, they wouldn't be so terrified to begin with.

[HFM181818 750]

as a rule, they are always concerned that someone arriving won't leave...on any given day, you might encounter a very focused, intense CBP person or one who is casual (but that does not mean that they are not paying attention!) If you are coming from the UK, you are not likely to arouse deep suspicions compared to arriving from some third world cesspool....

[aaron2020 11,651]

Coming here on a K1 visa? Either you marry the guy within 90 days or he has to go back. If he goes back, period, have to apply for another K1 visa.

Wonder who came up with 90 days? Really not that much time to spend together, no wonder why the divorce rate is so high.

Too bad he can't get a tourist visa, but this is only reserved for the super rich, including those 9/11 terrorists. Its good to spend some time together before tying that knot.

To get the K-1, the couple states that are prepared to get marry. Why is 90 days not enough? Shouldn't they have spent time together before filing the K-1 stating they are ready to marry? Does marrying after the 90 days mean it's more likely they will not get divorced?

Edited January 22, 2016 by aaron2020

[DJ6372 111]

I travelled backwards and forwards on an esta while dating my now wife, I got married on my esta

I tried to visit every 6 weeks to 2 monthly

I stopped for 4 weeks sometimes, If I could work my shift patterns and vacation right

The only 'tie' I travelled with was my return ticket

Questions asked by CBP varied, what job do you do, where are you staying, do you like the USA, your girlfriend must be worth visiting, how long are you staying

Respond to the questions with truth and honesty

I was never taken into secondary, and was always wished a hearty welcome

It got to a point that I knew the security guy at the Virgin check in

[HFM181818 750]

90 days seems more than enough....after all, look at those people who change their minds while clearing customs and marry within 35 minutes of touchdown!

[HFM181818 750]

As I said, Brits are not likely to be placed under a microscope unless they appear to have been abusing the VWP in some way...of course, anyone arriving could make a hash of the admissions interview and wind up in secondary...

[az2014 381]

I travelled backwards and forwards on an esta while dating my now wife, I got married on my esta

I tried to visit every 6 weeks to 2 monthly

I stopped for 4 weeks sometimes, If I could work my shift patterns and vacation right

The only 'tie' I travelled with was my return ticket

Questions asked by CBP varied, what job do you do, where are you staying, do you like the USA, your girlfriend must be worth visiting, how long are you staying

Respond to the questions with truth and honesty

I was never taken into secondary, and was always wished a hearty welcome

It got to a point that I knew the security guy at the Virgin check in

I am the same, been visiting my girlfriend every 6-8 weeks for the past year on my B2.

At first I took with me payslips, job contract, letter when expected back, but now I dont bother just my return ticket and previous passport which has my UK residence (ILR). They have never asked to see anything, only asked questions.

I guess what HFM18 is trying to say, which is backed up by my experience, is the answer to their questions and the way you answer them is what they mainly use to determine whether you are trustworthy, rather then some documents.

[RJS7 5]

How much weight does a CBP put on past good compliance with VWP conditions? My wife is a USC (we both live in Ireland for the moment - I am in CR1/IR1 process) and I've travelled to the US on VWP 7-8 times over the past 5 years, each time as a bona-fide tourist for 2-3 weeks and each time returning on the intended date as specified to the CBP official.

Does this factor into the CBP official's decision making to any significant degree or is past performance viewed as insignificant to possible future intentions at each POE event?

Or does it essentially all boil down to questioning and verbal/non verbal response to same?