Visited on ESTA visa, immigration official told me to leave earlier

[visasavanna 0]

Hi everyone,

SO and I are currently in the process of applying for the K1 visa and received the NOA1, one month ago. We are now waiting. 

 

6 weeks ago I visited him in the USA for 10 days. This was my first trip to the States, and North America in general. Then spent 6 weeks with my SO travelling around South East Asia. 

I booked a second trip to the USA, this time lasting 9 weeks total. I arrived last week. 

The immigration officer at LAX told me that a pattern was developing and that it looked like I was trying to come and live in the USA. I told him yes that I was trying to come and live in the USA, but not right now. I am doing it the right way with K1 visa. Right now I am just visiting my fiance on the ESTA visa, we have plans for a roadtrip and all that fun stuff.  I had all paperwork (return flight, NOA1, proof of ties back home, proof of an extremely healthy bank account) with me but he wasn't interested in seeing any of it. He was very rude and abrupt. I wasn't selected for secondary questioning or anything. 

 

he basically told me I shouldn't stay for the full 9 weeks otherwise it might affect getting my K1 visa. I asked how long I should stay for and he said "around a month-ish". 

 

Is this true? Would he have input anything onto the computer to raise a flag if I don't depart within a month? Can this really affect my k1 visa? The guy was super rude, didnt want to see any of my paperwork, and to be honest it seemed like he was throwing his weight around a bit.

 

I checked my travel history status online and it says I'm good to stay until the end of the ESTA period in Jan 2018. There is no departure date set in the system. 

 

I really really want to stay for the full 9 weeks. We have itineraries and domestic flights planned. I have an expensive flight out of the USA in mid-december. 

 

I was thinking of consulting with an immigration lawyer but would like to hear your guys opinions on this. 

 

Thanks in advance. 

 

 

[JFH 12,191]

*~*~*moved from "K-1 fiancé visa process and procedures" to "tourist visas" as question relates to entry on the VWP and is not K-1 specific*~*~*

 

You can stay as long as the permitted time limit on the stamp in your passport. I think he may have been giving you some free advice regarding future trips. If you carry on like you are now, it's going to start to look suspicious. What job do you have that allows so much time off? You have to look at it from the CBP officer's perspective - he will be asking that very question. By the end of this visit you will have been away from home about 4 months. You need to spend longer out of the country between trips. 

[Boiler 45,940]

VWP is 90 days or nothing.

[az2014 381]

You can stay 90 days.

 

He is allowed to tell you what he wants, and is allowed to lie to you.

 

I can see his point though, nearly 4 months away from home, what job gives you that much time off?

[mindthegap 2,599]

You CAN stay for 90 days - as noted by boiler above, VWP is 90 days or nowt.... what he was doing was giving you some free advice, regarding how frequent extended visits may appear to CBP staff. They are allowed to lie to you though, and as many will tell you on here, many of them do not actually know much about immigration law.

Next time you may meet someone more personable, or you may meet someone worse. You may be admitted, you may be sent to secondary, or you may be denied. 

Very much a pot-luck situation, and no-one can predict otherwise.

What you can do is continue to carry any relevant documentation with you next time you seek entry.

 

 

Or, now you are here, just get married and adjust status now you are in the US and eliminate the problem.

As that was NOT your intention at the time of entry, is IS permitted.

 

It would be somewhat ironic if a warning by a CBP officer is what led you to adjust  Clowns - the lot of them.

 

 

Edited October 14, 2017 by mindthegap

[Nitas_man 3,100]

Your visits to the US have nothing to do with your K1 application except to strengthen your case for valid relationship at your upcoming visa interview.

 

Enjoy your trip.  Consider yourself lucky that you were allowed to enter with a pending application.  Many are not.

[Nitas_man 3,100]

22 minutes ago, mindthegap said:

Or, now you are here, just get married and adjust status now you are in the US and eliminate the problem.

As that was NOT your intention at the time of entry, is IS permitted.

 

It would be somewhat ironic if a warning by a CBP officer is what led you to adjust  Clowns - the lot of them.

 

 

Probably not the best advice ever given out on this board.

[mindthegap 2,599]

20 minutes ago, Nitas_man said:

Probably not the best advice ever given out on this board.

It doesn't break the law, or the site T&Cs, so whatever.

Edited October 14, 2017 by mindthegap
Sick = typos

[visasavanna 0]

Thanks for the advice everyone! I'm not intending to get married whilst I'm here on this trip. I will wait for the K1 visa. This will be my last trip until the K1 is approved. That's why I wanted to stay so long. I want to minimise the time away from my SO, as I'm sure we all do. 

 

I work for a very chill travel company with offices all over the world, in a remote online / digital nomad position. I've taken a leave of absence during my time in the States as I don't want to break any laws regarding working. I really want to do everything right as its so important to me that this goes correctly and I can settle down here. 

 

You guys really calmed my nerves, I will stay until December as planned, thank you all!

[AshMarty 360]

21 hours ago, visasavanna said:

Hi everyone,

SO and I are currently in the process of applying for the K1 visa and received the NOA1, one month ago. We are now waiting. 

 

6 weeks ago I visited him in the USA for 10 days. This was my first trip to the States, and North America in general. Then spent 6 weeks with my SO travelling around South East Asia. 

I booked a second trip to the USA, this time lasting 9 weeks total. I arrived last week. 

The immigration officer at LAX told me that a pattern was developing and that it looked like I was trying to come and live in the USA. I told him yes that I was trying to come and live in the USA, but not right now. I am doing it the right way with K1 visa. Right now I am just visiting my fiance on the ESTA visa, we have plans for a roadtrip and all that fun stuff.  I had all paperwork (return flight, NOA1, proof of ties back home, proof of an extremely healthy bank account) with me but he wasn't interested in seeing any of it. He was very rude and abrupt. I wasn't selected for secondary questioning or anything. 

 

he basically told me I shouldn't stay for the full 9 weeks otherwise it might affect getting my K1 visa. I asked how long I should stay for and he said "around a month-ish". 

 

Is this true? Would he have input anything onto the computer to raise a flag if I don't depart within a month? Can this really affect my k1 visa? The guy was super rude, didnt want to see any of my paperwork, and to be honest it seemed like he was throwing his weight around a bit.

 

I checked my travel history status online and it says I'm good to stay until the end of the ESTA period in Jan 2018. There is no departure date set in the system. 

 

I really really want to stay for the full 9 weeks. We have itineraries and domestic flights planned. I have an expensive flight out of the USA in mid-december. 

 

I was thinking of consulting with an immigration lawyer but would like to hear your guys opinions on this. 

 

Thanks in advance. 

 

 

You will be fine. My now husband was questioned once when visiting me (he had lived here in the past and they were suspicious why he was visiting so soon after and so often). He was fine but he never overstayed a visa and we always followed the guidelines and haven't had any issues with immigration during K1 process. He visited me around every 4 month for about 30 days for about 2 years. It all worked out just fine.

 

We also never had any issues with him visiting with a pending application. Once it the visa was approved we knew we had to stop the visits until our wedding date was closer Enjoy your time together. 

Edited October 14, 2017 by AshMarty

[mallafri76 1,012]

6 hours ago, mindthegap said:

Or, now you are here, just get married and adjust status now you are in the US and eliminate the problem.

As that was NOT your intention at the time of entry, is IS permitted.

 

It would be somewhat ironic if a warning by a CBP officer is what led you to adjust  Clowns - the lot of them.

 

 

It’s this kind of attitude that creates trouble for true visitors in the first place. People coming as visitors and then adjusting status, causing trouble for all those people who wants to folllow the rules and just visit and leave. 

 

Hopefully, Trump and his administration will put a stop to it real soon. 

 

OP, the recommendation is always to stay longer outside the US than inside. You were lucky this time around but after your nine week vacation, I would stay outside the US for at least nine weeks, if not more. 

[visasavanna 0]

3 minutes ago, mallafri76 said:

It’s this kind of attitude that creates trouble for true visitors in the first place. People coming as visitors and then adjusting status, causing trouble for all those people who wants to folllow the rules and just visit and leave. 

 

Hopefully, Trump and his administration will put a stop to it real soon. 

 

OP, the recommendation is always to stay longer outside the US than inside. You were lucky this time around but after your nine week vacation, I would stay outside the US for at least nine weeks, if not more. 

 I won't be returning now until the K1 is approved. Hopefully it won't be longer than 2 or 3 months by then, my SO and I have been living together in a 3rd country for 2 years and really don't want to be apart

[usmsbow 802]

22 hours ago, visasavanna said:

 

The immigration officer at LAX told me that a pattern was developing and that it looked like I was trying to come and live in the USA. I told him yes that I was trying to come and live in the USA, but not right now. I am doing it the right way with K1 visa. Right now I am just visiting my fiance on the ESTA visa, we have plans for a roadtrip and all that fun stuff.  I had all paperwork (return flight, NOA1, proof of ties back home, proof of an extremely healthy bank account) with me but he wasn't interested in seeing any of it. He was very rude and abrupt. I wasn't selected for secondary questioning or anything. 

 

he basically told me I shouldn't stay for the full 9 weeks otherwise it might affect getting my K1 visa. I asked how long I should stay for and he said "around a month-ish". 

 

Sorry, some CBP officers are a-holes, and it sounds like you met one of them. He was making that up and/or didn't know what he was talking about. Hope you have a great time here otherwise! 

 

 

[mindthegap 2,599]

53 minutes ago, mallafri76 said:

It’s this kind of attitude that creates trouble for true visitors in the first place. People coming as visitors and then adjusting status, causing trouble for all those people who wants to folllow the rules and just visit and leave. 

 

I sincerely hope that wasn't a dig at me.... I did everything by the book thank you very much,  and I would not encourage anyone to break the law - on here or otherwise.

 

I was simply informing the OP who is understandably quite worried that they may not be allowed in again at a later date, that that is one legal option available to them at this time, in addition to other courses of action. It is an advice forum, and I for one like to be informed of all possible options when posting looking for advice.

 

I wouldn't really blame them to be honest....I am sure many who upon encountering such an idiot at a POE and being threatened that they wouldn't  be allowed back in at a later date,  may well have cause to re-evaluate their plans.

 

 

 

Anyway, the OP said they will be leaving, so it is a moo point.

 

 

Edited October 14, 2017 by mindthegap

[Meg&Andrew 297]

I don't know why everyone gets their panties in a bunch when AOS on a tourist or ESTA is mentioned. Until it's made illegal, it's legal.