Denied entry VWP

[KimandRuss 0]

Hello, this is my first post with you all but i've been coming here for a long time and have a very strong feeling that you all are about to become like family to us.

A bit about us... I am a U.S. citizen. Russ and I met online about 10 years ago, while I was married. His first visit here was in 2003. Two years ago my husband and I split and Russell and I became a couple. I have travelled to and from NZ and he has been here in the U.S. on the VWP on and off while I am awaiting my divorce to be final. On Monday, he was denied entry back into the U.S. while on the VWP and was sent back to NZ.

My divorce should be final within a couple of months and then we can start the K1 process. But the thought of not being together for up to 9 months or more is just disheartning. I will be visiting NZ at Christmas but can only stay a couple of weeks because I have children here that need me. So my question is this, can he apply for a different kind of visa to at least come to visit as we await this whole process? Any help or suggestions would be much appreciated as I am broken hearted without my love at my side.

On a side note... I live in a place where it is almost the norm for people to live here illegally and even work. Yet, here is a man with a masters degree who try's to follow the law and is sent 'home'.

never in my life did I imagine that falling in love with someone from a different country and wanting to be with that person would be so difficult. Even if I was divored and could file for the K1 today the process is daunting and painful. You all are to be commended for your time and committment to your loved ones and you give me hope that with time, everything will be ok. Thank you for that.

[pushbrk 12,876]

Hello, this is my first post with you all but i've been coming here for a long time and have a very strong feeling that you all are about to become like family to us.

A bit about us... I am a U.S. citizen. Russ and I met online about 10 years ago, while I was married. His first visit here was in 2003. Two years ago my husband and I split and Russell and I became a couple. I have travelled to and from NZ and he has been here in the U.S. on the VWP on and off while I am awaiting my divorce to be final. On Monday, he was denied entry back into the U.S. while on the VWP and was sent back to NZ.

My divorce should be final within a couple of months and then we can start the K1 process. But the thought of not being together for up to 9 months or more is just disheartning. I will be visiting NZ at Christmas but can only stay a couple of weeks because I have children here that need me. So my question is this, can he apply for a different kind of visa to at least come to visit as we await this whole process? Any help or suggestions would be much appreciated as I am broken hearted without my love at my side.

On a side note... I live in a place where it is almost the norm for people to live here illegally and even work. Yet, here is a man with a masters degree who try's to follow the law and is sent 'home'.

never in my life did I imagine that falling in love with someone from a different country and wanting to be with that person would be so difficult. Even if I was divored and could file for the K1 today the process is daunting and painful. You all are to be commended for your time and committment to your loved ones and you give me hope that with time, everything will be ok. Thank you for that.

Whether he can obtain another kind of visa to visit would depend on why he was denied entry. Why was he?

[KimandRuss 0]

Thank you for your reply.

He had been in and out too often this year on the VWP. Although he did leave the country before 90 days were up and did not violate the law per`se, he did always come back soon after as we just wanted to be together.

The official's were sympathetic but stated that the VW is not to be used for temporary residency.

[payxibka 10,045]

Then a "B" visa would be more appropriate....

[*julez* 124]

If you are going to try for a B2 tourist Visa, do it before you send off the I-129f petition. However, the application for a tourist visa does ask about who you will be staying with. If they ask him if he is, at some point, going to marry you the application will be denied point blank as they perceive him as an intending immigrant. Which he is, just not specifically at this time. But the point is moot with the embassy. I would guess that he will be denied a tourist visa as my fiance was not too long ago, for all the reasons I listed above. And he, too, had several long visits on the VWP.

We, too, are now faced with a long separation and it stinks! Its funny just how much your situation paralels my own. We had to wait out messy divorces too!!

Anyway, good luck to you! And welcome to VJ!

[no name 1]

Thank you for your reply.

He had been in and out too often this year on the VWP. Although he did leave the country before 90 days were up and did not violate the law per`se, he did always come back soon after as we just wanted to be together.

The official's were sympathetic but stated that the VW is not to be used for temporary residency.

This comes up often and so I would like to ask - how many months (total) has he been here in 2007?

[*julez* 124]

Thank you for your reply.

He had been in and out too often this year on the VWP. Although he did leave the country before 90 days were up and did not violate the law per`se, he did always come back soon after as we just wanted to be together.

The official's were sympathetic but stated that the VW is not to be used for temporary residency.

This comes up often and so I would like to ask - how many months (total) has he been here in 2007?

Or over a rolling 12 month period, since that is they way its evaluated, from what I understand. Its once you spend more time here than in your own country that it becomes a problem, and from what the OP said, I think its reasonable to assume that that is exactly what happened.

[KimandRuss 0]

Thank you all so much for your replies. It's so helpful knowing that we are not alone.

april 2006 - I travelled to Australia (where he was employed) stayed for 2 weeks then he travelled back with me to the u.s. for two weeks on the VW. We did go into Canada during that time as well.

june 2006- My children and I travelled to Australia for six weeks as Russell finished his work there. We then travelled to NZ to see his family for 2 weeks. He flew home to the states with me on the VW and stayed almost 90 days.

september 2006- Russell flew home and remained there until...

december 29, 2006- he flew back to me on the VW

march 2007- we both flew to London to meet the terms of the VW

june 2007- we flew to Iceland to meet the terms of the VW - credit cards hurting now!

september 2007- Russell flew to Dublin, Ireland on the VW and was denied entry back into the U.S.

So he has been here the majority of 2007 up until now. I understand the laws and I undestand why he was denied entry as we knew it could happen at any point.

I need to know my options now as far as spending time together as we await this whole process.

Thank you again.

[*julez* 124]

As I pointed out in my post above, your only option is to try for a tourist visa. And as I also pointed out, it is unlikely that he'll be granted one. Otherwise, you will have to settle for meeting in third party countries until such time that his K1 visa is issued.

[payxibka 10,045]

If I interpret correctly, it looks like he has been here for almost 12 of the last 15 mos. I am too surprised it didn't happen sooner.

[no name 1]

Thank you all so much for your replies. It's so helpful knowing that we are not alone.

april 2006 - I travelled to Australia (where he was employed) stayed for 2 weeks then he travelled back with me to the u.s. for two weeks on the VW. We did go into Canada during that time as well.

june 2006- My children and I travelled to Australia for six weeks as Russell finished his work there. We then travelled to NZ to see his family for 2 weeks. He flew home to the states with me on the VW and stayed almost 90 days.

september 2006- Russell flew home and remained there until...

december 29, 2006- he flew back to me on the VW

march 2007- we both flew to London to meet the terms of the VW

june 2007- we flew to Iceland to meet the terms of the VW - credit cards hurting now!

september 2007- Russell flew to Dublin, Ireland on the VW and was denied entry back into the U.S.

So he has been here the majority of 2007 up until now. I understand the laws and I undestand why he was denied entry as we knew it could happen at any point.

I need to know my options now as far as spending time together as we await this whole process.

Thank you again.

Wow. I'm surprised he got in as much as he did! Sucks he flew all the way from NZ tho to get turned away. That is one long a$$ flight!

Good luck on your journey.

[payxibka 10,045]

Wow. I'm surprised he got in as much as he did! Sucks he flew all the way from NZ tho to get turned away. That is one long a$$ flight!

Good luck on your journey.

NZ?

[KimandRuss 0]

Wow. I'm surprised he got in as much as he did! Sucks he flew all the way from NZ tho to get turned away. That is one long a$$ flight!

Good luck on your journey.

Thank you. He actually was trying to come back to me from Dublin when he was turned away and then had to fly on to NZ instead.

They almost beg you to get married 'illegally' and then file the K3, don't they?

It looks as though our only hope is to wait. New Zealand is not only "one long a$$ flight" but it's pretty hard on the pocketbook too!

Edited September 27, 2007 by KimandRuss

[no name 1]

Wow. I'm surprised he got in as much as he did! Sucks he flew all the way from NZ tho to get turned away. That is one long a$$ flight!

Good luck on your journey.

Thank you. He actually was trying to come back to me from Dublin when he was turned away and then had to fly on to NZ instead.

Even longer! Yikes.

[TracyTN 237]

Wow. I'm surprised he got in as much as he did! Sucks he flew all the way from NZ tho to get turned away. That is one long a$$ flight!

Good luck on your journey.

NZ?

New Zealand?