ian-mstm

If you dislike the K-1 route and prefer being able to work immediately upon entering the US, your choice is clear - get married and have her file the I-130 petition. There *will* be a period of separation so you need to come to terms with that very quickly. However, in the grand scheme of things, 6 - 8 months is nothing compared to a lifetime together... and you *are* able to continue to visit each other during the process. The only drawback here is that you must be married before she starts the paperwork.


That is simply *NOT* true. If she called the 1-800 number, she spoke to a 3rd party contractor and not to anyone who has any knowledge of USCIS rules and regulations.

Ian

Antstar

Thanks for all the help and advice guys, plenty there for me to think about! I'll let you know what happens!

Folinskyinla

Ian:

I see no reason to doubt that GF called CIS and erroneous information -- it happens all the time.

Antstar

Folinskyinla,

You mentioned in your previous post that border control may refuse me entry if I stated I was going to the US to marry my girlfriend. If I simply said I was visiting her, like I normally do, do you think that's likley to come back to haunt me at a later date? I visit my girlfriend at least once a month and it seems I get questioned more and more everytime.......

jeffreyhy

A,

That should be telling you something. One of these days they may stop letting you through.

Regards, JEff

Antstar

Cheers Jeff! It's being so positive that keeps you going I'm sure!

But seriously, in my humble opinion, if something uses the VWP regularly but always leaves when he says he's going to and is working in a bordering country, why would he decide to blow everything by overstaying on the VWP? Am I being naive trying to add reason into the equation??

Noorah101

You should only answer the specific question asked. Usually they state is as "are you here for business or pleasure", at which point you say "pleasure". You only give them details if they ask specifically.

That said, once a month is a lot. The more you visit, the more you increase the change of being turned away at the POE.

Rene

Noorah101

Yep!

The POE officers don't use our same logic. If they see you coming over TOO often, they start thinking you are trying to live in the USA instead of visit it. Especially if they know you have a USC girlfriend.

Rene

Antstar

Thanks Rene, I tried the only answer the question specifically asked approach and finally the guy backed me into the corner and I had to say I was visiting my girlfriend. He was fine about it, laughed and said "now we are getting the full story" so normally when they ask me "Why are you visiting the US?" which is how it always seems to be phrased, I respond with "visiting my girlfriend". A couple of times I have been asked further questions like her nationality etc... but not had any real problems.

I know once a month is a lot but she's only a couple of hours away so when I have free time I visit her......

Why am I starting to think NZ might be the best option after all?

jeffreyhy

A,

I don't know about naive, but you are being a bit ignorant of US immigration law, which it's CBP officers' job to enforce, and what often happens in the 'real world'.

The INA says that an alien is an intending immigrant unless they can demonstrate otherwise. And your pattern is making you look more and more like someone who one of these days just might enter and not go back. A lot of people use the VWP to do just that.

Regards, JEff

Antstar

You are probably right Jeff, either way it's pointless trying to second guess what I'm going to be asked or at what point I will be denied anymore 'visits'. I'll just keep going and keep being honest with border control and roll with the punches....Although I will be mighty p**sed when I get turned away and I have paid for my ticket