Retired! Tourist Visa. Strong links to the UK

[Griff 0]

I am in the very fortunate position that having retired I have been able to make a number of long visits to my intended over the last couple of years. However, the last time I went (May this year) I was pulled over and given a hard time by immigration (in Philadelphia) Essentially, the view was that I was abusing the Visa Waiver Programmer and that I should get a tourist visa.

Looking to return for Thanksgiving and Christmas (had hoped to be in the US for good by that time!!!) I took the advice and have an appointment to obtain same. Still with me?

(I think) my problem is showing I have strong social and financial links to the UK? House went to my ex. Am staying with my dad until the process is complete. Have cash savings and regular pension income. Am also a type 1 diabetic (unlikely to become an illegal!). If you were in my position what would you take? All ideas welcome!!!!

[Kez/JWolf 6]

It can be very difficult to ge a B1/B2 visa from the UK... you must have been visiting the US a lot for them to sugest you are abusing the VWP... the only thing I can sugest is that you fly through Dublin as they have a US immigration post there and if you were denied it is only the cost of a short flight home, instead of a transatlantic flight....

When you go for your visa interview take as much info/evidence as you can... good luck

Kez

[elmcitymaven 9,712]

My ex-husband (a UKC) obtained a tourist visa in 2004 due to revocation of his VWP privileges. Long story, but essentially we had filed AOS from the VWP and then abandoned the process to settle in the UK before AOS was granted. Somewhere our AOS file was apparently lost, and immigration had no record of AOS ever being filed, just that he overstayed his I-94W by 90 days. After 6 years of using the VWP with no probs after the abandonment, he was detained at Newark for several hours, and was luckily allowed entry, but told to get a tourist visa for future trips as he was not supposed to use the VWP due to overstay issues. No probs getting the B visa -- filled out the forms, paid the $100, waited in a loooong line and was approved.

[Silas 0]

I am in the very fortunate position that having retired I have been able to make a number of long visits to my intended over the last couple of years. However, the last time I went (May this year) I was pulled over and given a hard time by immigration (in Philadelphia) Essentially, the view was that I was abusing the Visa Waiver Programmer and that I should get a tourist visa.

Looking to return for Thanksgiving and Christmas (had hoped to be in the US for good by that time!!!) I took the advice and have an appointment to obtain same. Still with me?

(I think) my problem is showing I have strong social and financial links to the UK? House went to my ex. Am staying with my dad until the process is complete. Have cash savings and regular pension income. Am also a type 1 diabetic (unlikely to become an illegal!). If you were in my position what would you take? All ideas welcome!!!!

Interesting, my wife has just moved over to Philly as she's started an MBA at Wharton. I've come over to visit for two months and was given a very hard time by immigration. Though they let me in, they advised me not to come back again until I had my visa. Like you, there weren't happy that I was using the VWP for such a long stay though in my case this was only my third visit to the US (all spread out over a 12 month period) and the first time I had stayed for over 14 days. To be honest, Philly aren't as busy as the likes of JFK and Newark so I think you're more likely to get a grilling there as their resources aren't as stretched.

Is it possible that you could just come over for only a week or two at Thanksgiving and then your intended comes back with you to the UK for Christmas? That'd probably flag fewer concerns for immigration than if you're going over for another long visit.

Flying from Dublin as has already been mentioned on this thread might also be a thought. Here's a thread which gives further details:

http://www.visajourney.com/forums/index.ph...p;#entry1156153

[Silas 0]

My ex-husband (a UKC) obtained a tourist visa in 2004 due to revocation of his VWP privileges. Long story, but essentially we had filed AOS from the VWP and then abandoned the process to settle in the UK before AOS was granted. Somewhere our AOS file was apparently lost, and immigration had no record of AOS ever being filed, just that he overstayed his I-94W by 90 days. After 6 years of using the VWP with no probs after the abandonment, he was detained at Newark for several hours, and was luckily allowed entry, but told to get a tourist visa for future trips as he was not supposed to use the VWP due to overstay issues. No probs getting the B visa -- filled out the forms, paid the $100, waited in a loooong line and was approved.

Just a thought, but are tourist visas not hard to get if you're already applying for an immigrant visa? I wasn't able to guage from the OP's profile and post what his situation is. Is his "intended" his fiancee? If so, would they approve a tourist visa for the purposes of visiting a US citizen fiancee?

[elmcitymaven 9,712]

Just a thought, but are tourist visas not hard to get if you're already applying for an immigrant visa? I wasn't able to guage from the OP's profile and post what his situation is. Is his "intended" his fiancee? If so, would they approve a tourist visa for the purposes of visiting a US citizen fiancee?

Good question -- unfortunately I don't know the answer! In my case, my ex had no intention of immigrating to the US when he applied for his tourist visa and told the Embassy very firmly that the AOS was abandoned. Perhaps fiances/spouses get a harder time? It would be understandable, given their eventual immigrant intent.

I have heard bad stuff about Philly as a POE, which is why we decided against flying to New Haven as we would have had our POE there before changing planes. Perhaps another POE?

[Silas 0]

I have heard bad stuff about Philly as a POE, which is why we decided against flying to New Haven as we would have had our POE there before changing planes. Perhaps another POE?

Yep, I think I'll probably fly into JFK (my parents-in-law only live 20 minutes away) when the embassy gives me my visa and little brown envelope. Philly doesn't seem to get that many Int. flights during the day and I think they maybe get a little too excited when one lands. I've met quite a few of the Int. students and their partners at Wharton and alot of them seem to have had similar experiences on landing there.

[*julez* 124]

Just a thought, but are tourist visas not hard to get if you're already applying for an immigrant visa? I wasn't able to guage from the OP's profile and post what his situation is. Is his "intended" his fiancee? If so, would they approve a tourist visa for the purposes of visiting a US citizen fiancee?

And that is our million dollar question! The OP is my fiance and we filed the I129f at the end of July. The wait these days for NOA2 is horrific and with 3 kids of my own, its really tough for me to go there often.

We've no intention of him staying here and getting married. We want to do this by the book, but since he is lucky enough to have retired early in life, it would be great if he could just be here to "wait it out" with me. Hopefully, since he has UK bank accounts, car, etc. and is a Type 1 diabetic and must return to the UK for meds and care that will help his case. Nothing ventured, nothing gained, I suppose.

[Silas 0]

We've no intention of him staying here and getting married. We want to do this by the book, but since he is lucky enough to have retired early in life, it would be great if he could just be here to "wait it out" with me. Hopefully, since he has UK bank accounts, car, etc. and is a Type 1 diabetic and must return to the UK for meds and care that will help his case. Nothing ventured, nothing gained, I suppose.

You're right; nothing ventured, nothing gained. And even if they do decide to deny the tourist visa (and I sincerely hope they don't) at least it's not going to affect the immigrant visa. In such circumstances, I wonder if it would be possible to get written confirmation from the embassy that they have denied the tourist visa as they feel he should be able to freely enter the US under the VWP? That would be another bit of ammo should an immigration officer give him a hard time. Certainly considering your fiance's experience at Philly International added to my own run-in there I would give them a wide berth.

Another thought, your fiance mentions that he is living at the moment with his Dad. Is his Dad dependent in anyway on your fiance for help and could this be shown in paperwork as further proof of ties to the UK?

Sorry, if these suggestions seem a bit odd; I'm just trying to think laterally here.

Anyway, best of luck and I hope your both together for the holidays.

Edited September 5, 2007 by Silas

[Widge 0]

In my days of traveling over here before visa marriage etc. I was "pulled" at Pittsburgh airport and given third degree interrogation/luggage searched etc. etc. not a pleasant experience. The bottom line of using the VWP as explained to me at the time was that you aren't supposed to be in the states more than six months in a rolling twelve month period (not calendar year) as it would then make the USA your primary place of residence! I had had two 90 day visits plus some shorter visits. I was allowed in when I convinced them that I really was only staying two weeks.Logic tells me that they would be unlikely to hand out a tourist visa to someone who is showing immigrant intent by applying for a k visa but that is just my gut feeling.

[Griff 0]

Thanks to everyone for their very helpful comments! Having paid my $100 and booked the appointment (19 Sep) I may as well go through with it. I will report back on what happened (good or bad).

[Silas 0]

Thanks to everyone for their very helpful comments! Having paid my $100 and booked the appointment (19 Sep) I may as well go through with it. I will report back on what happened (good or bad).

Best of luck on the 19th.

[suesue 0]

When I first came to the US with my USC husband, I came on a visa waiver..... and was told in no certain terms at the POE in Detroit that I had better not think of staying.... and make sure I left before the 90 days..... which we did (hubby came too!!) But... while we were here, we applied for the I129 and I130, thinking that we can sit in the Uk and wait for an interview.

But, as I had already bought a house in the US, we decided I should apply for a B2 and come back, to work on the house.

I applied for B2, thinking I may not get it because of pending 129 and 130. The IO in London approved the B2, saying "you'll be back before your K1 visa interview anyway"

I showed a lot of proof of ties to the UK., bank account, family, home address, and job.... the IO was satisfied with that.

The interview was very easy... even though I was very nervous!!

My husband is also retired. If you're planning to marry, maybe you should do it sooner rather than later, immigration IMHO is easier for a spouse.

GRIFF... I wish you all the best..... it all went very smoothly for me......go for it!!!

[suesue 0]

Forgot to mention..... when we got to POE, they were only going to give me an additional 4 months, as I'd already spent 2 months of the year in the US.... but I asked to speak to a senior person...... got sent to the dreaded '2nd interview room' , pleaded with a very nice officer, who went through all my 'ties to home' and was allowed another 6 months!!!!

I think owning property in the US helps!