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Peace of mind about potential VWP refusal

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Peace of mind about potential VWP refusal

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Old Nov 8th 2009, 6:13 pm
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Default Peace of mind about potential VWP refusal

Hi all,

I've read one too many stories of VWP refusal and have unsettled myself with regard to my next trip, I was wondering if anyone could weigh in and give me some piece of mind that I'm unlikely to be turned back!

I am from the UK, visiting my girlfriend (who is a US citizen). My girlfriend is now my fiancee (a detail I suspect is best not volunteered at the border). I've visited for a one week period in May and December of 2008, and again for a 10 week period in April 2009.

I plan to go back for one week in Feb 2010, this is the last time I shall visit before we start I-129F (another detail best left alone).

I'm employed, and have been for all admittances. Never had any problems other than on the 10 week stay I got asked how exactly I could stay out of work for that long to which I answered I was being allowed to telecommute (totally true). I carry proof of money in the bank, I always say that my in addition to the cash I carry my banks are aware I'm there and my cards work perfectly.

I'm sure that there won't be any problems, usually I'm just asked purpose (pleasure), what I do for work, usual stuff. I've just got myself worried due to my random extended stay. Unlike others that I have seen refused I'm leaving big gaps between visits and I am employed.

That's more than enough rambling! I'd be interested to hear peoples thoughts, perhaps people can put my mind at rest, perhaps not!

Thanks for making this a great forum, I am sure I shall be back as the I-129F progresses after I've returned next year!

Matthew
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Old Nov 8th 2009, 6:16 pm
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Default Re: Peice of mind about potential VWP refusal

There are no guarantees, but you are not on the high end of any risk.

PS The Sky Blues were on the tele on Saturday.
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Old Nov 8th 2009, 6:22 pm
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Default Re: Peice of mind about potential VWP refusal

Nothing wrong that I can see. You have more time out of the US between visits than the lenght of the visit.

Next time I wouldn't mention that you are allowed to telecommute since working in any capacity (except attending meetings) in the US is not allowed on a VWP.
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Old Nov 8th 2009, 6:25 pm
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Default Re: Peice of mind about potential VWP refusal

Originally Posted by Michael
Nothing wrong that I can see. You have more time out of the US between visits than the lenght of the visit.

Next time I wouldn't mention that you are allowed to telecommute since working in any capacity (except attending meetings) in the US is not allowed on a VWP.
Telecommute is not that clear, but it has been done to death and it was not his question.
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Old Nov 8th 2009, 8:53 pm
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Default Re: Peice of mind about potential VWP refusal

Originally Posted by Boiler
Telecommute is not that clear, but it has been done to death and it was not his question.
I agree that it is not that clear and wasn't the question but was just stating that it is something that I don't think he should volunteer in case the POE officer is having a bad day.
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Old Nov 9th 2009, 2:07 am
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Default Re: Piece of mind about potential VWP refusal

Originally Posted by yellowfruit
on the 10 week stay I got asked how exactly I could stay out of work for that long to which I answered I was being allowed to telecommute
I am also surprised that this didn't result in at least a visit to secondary. I think you got away with that one.

Technically, it's likely you broke the terms of the VWP on your previous entry.
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Old Nov 9th 2009, 2:08 am
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Default Re: Peice of mind about potential VWP refusal

Originally Posted by Boiler
Telecommute is not that clear, but it has been done to death and it was not his question.
I must have missed the discussions on that. Seems clear to me, you are physically present in the US and earning money for what you're doing. That's work.
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Old Nov 9th 2009, 5:06 am
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Default Re: Peice of mind about potential VWP refusal

Eh, lets not get in to pointless arguments about the past, he said telecommute, they said fine, c'est la vie.

More importantly, I think the OP will be fine as long as he doesn't say ANYTHING about being engaged and has a return ticket.
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Old Nov 9th 2009, 8:17 am
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Default Re: Piece of mind about potential VWP refusal

Wow, quite a discussion!

Most of what has been said is what I was thinking.

In my personal opinion and first hand experience, stating that my boss was allowing me to telecommute was what swung the vote my way. Of course, your mileage may vary!

Of course next time I shall indeed not suggest that I have intent to say (that would be silly) and I will have a return ticket together with a couple bank statements and probably a good $200 in cash perhaps.

Thank you all for your thoughts!

Matthew
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Old Nov 9th 2009, 8:23 am
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Default Re: Peace of mind about potential VWP refusal

Originally Posted by yellowfruit
Hi all,

I've read one too many stories of VWP refusal and have unsettled myself with regard to my next trip, I was wondering if anyone could weigh in and give me some piece of mind that I'm unlikely to be turned back!

Matthew

Sorry, Matthew, but I had to change piece to peace ... it was driving me nuts.
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Old Nov 9th 2009, 8:33 am
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Default Re: Peace of mind about potential VWP refusal

Originally Posted by Rete
Sorry, Matthew, but I had to change piece to peace ... it was driving me nuts.
Well it was 7am!
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Old Nov 9th 2009, 9:21 am
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Default Re: Peace of mind about potential VWP refusal

Hi Matthew, just wanted to say that you should just simply tell the truth. I've travelled backwards and forward to visit my fiance around 5 times, I haven't stayed for 10 weeks like you but I've had shorter gaps inbetween too.

On entry I've been asked for proof of my return journey, how long I was staying and when I was last there, for how long etc., which obviously they know I guess they're just checking to see if I tell the truth! When asked who I'm staying with I've said my fiance. I don't want to risk getting pulled in and then backed in to a corner if it slips that we're engaged. I guess my bling is hard to miss too though lol.

I really think honestly is the best policy. I've taken a letter signed by my employers too stating when I'm due back to work from leave etc. Never had to show it though. Just my tuppence h'penny worth!
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Old Nov 9th 2009, 9:44 am
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Default Re: Peace of mind about potential VWP refusal

Wise words indeed, thanks Mandy!

Matthew
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Old Nov 9th 2009, 11:07 am
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Default Re: Peace of mind about potential VWP refusal

I'm another believer in the 'honesty is the best policy' idea.

Some people get away with being economical with the truth but I wouldn't risk it.

From my experience with CBP officers as long as you are polite, answer clearly and don't ramble on they are fine. They're not the most fun-loving people I've come accross but they're doing a job and honestly if I was one of them I wouldn't put up with people p*ssing around either.

I got really nervous about my last trip to the US, got it into my head that they were gonna send me home and that was that. I arrived at JFK got two questions and was sent on my merry way...I was stood there thinking is that it?? All that worrying for nothing but it certainly does not hurt to BE PREPARED. Make sure you have your return ticket, proof of ties (I took a letter from my employer) and proof that you have enough funds to support your stay. I wasn't asked for any of them, not even the return ticket but you never know what they're going to ask, depends on the officer.
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Old Nov 10th 2009, 7:02 am
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Default Re: Peace of mind about potential VWP refusal

Sounds like a plan! Business as usual then

Thanks again all

Matthew
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