craig_sp

Hi everyone!

Hope you are all well. I just wanted to ask for some advice/feedback/opinions regarding my situation and intentions. I am a UKC, I got engaged to my USC g/f recently and we are just about to send in the I-129F packet to start the K1 visa process. It should be sent in within the next week or two.

I work offshore in the UK oil industry on an ad-hoc basis. I should be finished my current contract in the middle of October, so was thinking of going over to the US to visit my fiance shortly after. I was hoping to stay almost 3 months to take in Xmas and New Year there with her and her family.

I do not own my own home in UK, I have been staying with relatives... as have often been offshore or at sea working. Now then. I'm not sure how all this would look to a CBP official.... reason to remain (Fiance), no work to return to (though work is not so hard to find at sea, but that wont matter!) and no owned home back in UK... PLUS a stay around the 3 month mark would surely raise eyebrows.

Does anyone have any advice? I've read that long stays - around the 3 month mark - can often lead to further questioning, even though they would be "legal" in terms of the 90 day rule. I have money saved and can show evidence of that, plus a copy of the I-129F documents. But I worry about getting turned away, not sure if the K1 process counts for or against me, as it seems a matter of opinion (proves intent to eventually stay, but also shows some willingness to follow the law). I also know it is all down to whichever CBP Officer I get and how they see it. Just wanted to run all this by you wise folk!

Oh... US entries. Since I met my fiance I have made 3 visits to the US. 2 weeks at end of December, 2 weeks in April, 10 days in May. Nothing since. I'd be going late October I think. coming back early or mid January.

Again, I know all of this is very variable and hard to predict. Just wanted some opinions....

Thanks all. Your input is appreciated.

Craig

ian-mstm

Your current VWP history doesn't rase any red flags to me... so all you can do is try. If you get in, great... if it don't, well, that's the chance you take.

Ian

Noorah101

+1.

Unfortunately, there is absolutely no way to predict what will happen at the POE. You have correctly identified all the issues. All you can do is give it a try.

Rene

Squirrel

Sounds a bit naughty but it's not that bad actually. Why not book a two week trip so you don't trigger any 'Haven't you got a job?' questions, then 'change your mind' and decide to stay longer, changing the ticket you bought which of course though more costy is flexible?

(Am I allowed to say that? We used to advise Americans coming to the UK the same thing on another forum and nobody thought it was too cheeky!)

craig_sp

Hi Squirrel. I have been thinking about that, it IS legal to stay as long as your stamp permits (90 days), right? So even if you book a two week trip, you can infact stay the full 90 days, right? I doubt a 2 week visit that becomes a 80-90 day visit would flag up in the system. I don't know how much info they record from the answers you give at the POE.

Anyway, since the K1 process would not be complete until next summer or so, I probably wouldnt be able to work in the US until the end of next year at best. So with that in mind, during this upcoming long holiday to the US, if I get contacted about a good offshore job, I may to come back to the UK (or elsewhere) before the 90 days anyway! As will need a fair chunk of money if I'm not to work for a long time during the paperwork process! So, maybe I'd need to change my return date anyway!

Thank to all who have posted. Appreciate your input Ian and Noorah.

ian-mstm

Respectfully, it is incredibly stupid to advise someone to deliberately lie to a CBP officer at the POE.

Ian

Squirrel

Oh whatever.

ian-mstm

Yah... it's easy to be cavalier about it when you're not the one who might suffer as a result of someone's bad advice!

Ian

jeffreyhy

Saying that has gotten a few people into serious hot water over the years. That's why the subject is often referred to as the "10 foot pole" issue on this web site - best avoided.

Regards, JEff

shent

I visited my fiancee last year while our K1 was in process, and while I'm sure the K1 visa info popped up on the IO's screen, I wasn't even questioned about it. He asked how long I was staying, which was over the Christmas period like yourself, for 89 days, November-Februaryish, the date I was leaving, and that was it. I just made sure I had evidence of my ties to work etc. in-case they did decide to question me, but ended up throwing it away.

britishspouse

I have changed my ticket date on VWP before. I was ticketed to stay just over 2 months, but then won a trip to new york and vegas, so we extended my stay to the full 89 days so I could go on both hehe.

I was honest at POE though, and told the office, im visinting my hubby, he just said dont overstay, and i didnt

So changing your date is fine, just dont lie as to your reasons for coming in

Wolfy

No disrespect to anyone, but in fact if you are caught lieing to an IO you will impose a perm ban from entering the U.S, however in BS case she had intended to visit until a certain date, but had cause to change as it wasnt a planned change and even then it was within the 90 days.

I have had to change my ticket once before, well twice if im honest due to missed flights.

Theres nothing wrong with changing your return ticket, but there is knowing your not telling the truth in the first place or you intend to go beyond 90 days.

deftoneuk

I once had a POE officer tell me that if I overstayed he was personally going to come and find me since he had the address of where I was staying

craig_sp

Well, they KNOW your name... what you look like and where you say you will be! So sounds reasonable (to my biased self) to let someone in under these circumstance. Of course, no lies or evasive answers are ever recommended.

Found that comment about him tracking you down to be funny, but wouldn't if it was actually directed at me personally!

ljaw2002uk

I changed my tickets several times over the years I was visiting the US, often from two weeks to 80 something days. Never caused any problems for me. Thats just my experience though, not recommending anyone else does it.