Loendal

Hi there,

I have bought a pair of tickets for my future fiance' to come to the US. When I first purchased the ticket, I bought a one way ticket into the US... I then discovered that things don't quite work that way.

I found out about the VWP and since she's coming in from the UK, she's eligible for it. Her stay is limited to 90 days, that much we understand and I've bought another one-way ticket back to London for her.

We're waiting for divorce papers to get done so I can file the K-1 Visa Application, but the problem is, she may be homeless come January if certain circumstances don't iron themselves out. What I need to know is how long must she remain out of the US before she can be readmitted on another VWP entry of 90 days? With the circumstances being what they are, we might not be able to get her here on the K-1 Visa until July of next year! (Judging from the time frames I'm seeing on the USCIS website for processing paperwork, and not being able to File for the K-1 until January (January being the absolute latest our papers should be arriving, praying for much earlier then that =) ).

If she has no home to go back to, how can I arrange for her to stay here or will I have to set her up in a hotel in London for a while then fly her back?

Thank you for your help in advance

Bob

I'm not 100% sure on this, but usually have to be gone for equal length before re-admitted as a rule of thumb...maybe try for a B visa for an extended stay of 6 months....but I don't know if that would be best idea if your starting the K ball rolling...

Bluegrass Lass

Hi..
I've read of people who have come and gone quite easily, with not much time between visits. HOWEVER, each situation is different, and there is absolutely no gaurantee that she will allowed into the US at all. It's up to the Immigration Officer at the Port of Entry to let her into the country or not. Some people have no probs (my fiance entered the US twice while the I-129f was pending), but others have been turned away and forced back home.

Also, be aware that it has been highly suggested to bring documents with you that prove you have a reason to return to your home country. This could mean lease papers, mortgage loans, employment letter, etc. If the POE officer asks for this type of proof, and she does not have it (esp if she'll be homeless) the officer can send her packing right back to London.

I would highly suggest that she find someplace else to live. Especially because she will HAVE to be in the UK after the I-129f is approved here. After the I-129f approval, the London Embassy will be sending her documents which she will have to fill out and return, then she will have to attend a visa interview at the London Embassy. I don't think they will send those documents to her in the US. As far as I understand it, she will have to have a UK address.

I really don't know what else to say to answer your questions. I just would not count on her being able to enter the US (potentially) several times on a VWP and remain the full 90 days - anyone can, and have, been turned away. The POE officer could view her multiple entries and long stays as an abuse of the VWP and not let her in. And she will need a UK address for documents from the Embassy.

Good luck with your situation.

Just Jenney

Your post pretty much summed up my feelings on the topic.

The key thing to remember here is the reason why the OP wants his fiancee in the States in the meantime: Because she'll be homeless come January. He wants to provide a place for her to live. This makes multiple usage of the VWP as he suggests a bit risky.

Personally I think their priority here should be arranging for a place for her to live come January, for several reasons. One, I think avoiding homelessness should ALWAYS be the first priority! Two, if she does choose to try to reenter on the VWP, having a place in the UK to go back to could lessen the chance that the POE may think she's trying to emigrate on the VWP. Lastly, what address are they going to put for her on applications once the petition is approved? The London Embassy needs to send her packet to her somehow.

~ Jenney

Loendal

Well, she might be able to stay with her mother, but that's a touchy prospect... They aren't a very close family and her least of all her sisters. She was going to file a Change of Address form over there to make her mother's home her new address that the K-1 people in the UK would send her information to. Because she's on Public Assistance, if she's out of her home for more then 3 weeks, they take it. She has no other income and no savings because of the slim pickings she gets to live on a couple weeks at a time. We've discuseed cancelling the trip and just waiting for when we can get "the K ball rolling" as another responder posted... Risking hearing a response we don't want to hear, I'm asking others who've been in this area advice on that.

Every time I've read about the INS and people coming into the US I keep seeing horror stories and they have me spooked something fierce. Me and her want to be together and start a life we have both been denied for a long time, but I keep seeing all these terrible things that can go wrong and have gone wrong. Our situation seems unique, and that makes it all the more worrysome. This isn't something I've done before (obviously) and I am having trouble seeing it from all sides.