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Stoutbanana's VWP travel questions, married to USC

Stoutbanana's VWP travel questions, married to USC

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Old Aug 15th 2012, 6:55 pm
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Default Stoutbanana's VWP travel questions, married to USC

My fiancée has applied for a marriage based visa and she is coming over to visit next weekend for two weeks in the UK. She is returning to the US Sept 2nd and I am joining her Sept 19th until 26th November when we return to the UK together as she has a paid return flight to use....which was cheaper than a single fare!
We are thinking of returning to the US on a repositioning cruise leaving Southampton on the 30th to Florida then taking a flight to Boston where she is working and then a flight to San Diego a fortnight later.
Apart from Diana using up a return flight it means that all my future flights will originate in the US which are a lot cheaper than the same flights originating in the UK.
Do you think I am likely to have a problem when we disembark in Florida (I have an ESTA) because I don't have a return air ticket? Will my future wife's presence be a positive to me being admitted with us having submitted an application for a visa?
I am a bit worried that I will be refused entry because I don't have a return booked...
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Old Aug 15th 2012, 7:08 pm
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Default Re: Visiting whilst awaiting visa - proof required

Originally Posted by Stoutbanana
We are thinking of returning to the US on a repositioning cruise leaving Southampton on the 30th to Florida then taking a flight to Boston where she is working and then a flight to San Diego a fortnight later.

Do you think I am likely to have a problem when we disembark in Florida (I have an ESTA) because I don't have a return air ticket?
Yes, it can be a problem. Part of the requirement of VWP travel is that you have a return flight (either back home, or onward going outside the USA somewhere). Why wouldn't you have a return air ticket? You need to get back home somehow, from San Diego, don't you?

Will my future wife's presence be a positive to me being admitted with us having submitted an application for a visa?
No, it will be a negative. It gives you more reason to stay in the USA rather than return home.

I am a bit worried that I will be refused entry because I don't have a return booked...
I would be, too. Book the return and make sure you have proof of return flight when you get to the POE.

Rene
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Old Aug 15th 2012, 7:18 pm
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Default Re: Visiting whilst awaiting visa - proof required

Hopefully Diana will have enough airmiles for the return trip for both of us to go to the UK but at the moment I am not sure when to book the flights for.
I just hope the fact that the flights are a return from the US to the UK won't be a problem.
I can see what it looks like through the eyes of the Border agency and it can be construed that I am planning on staying over 90 days but that is a bit pointless if a visa application is going through....
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Old Aug 15th 2012, 8:17 pm
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Default Re: Visiting whilst awaiting visa - proof required

Originally Posted by Stoutbanana
Hopefully Diana will have enough airmiles for the return trip for both of us to go to the UK but at the moment I am not sure when to book the flights for.
You don't have to book them now, you can book them anytime before you reach the US POE. You must be able to present proof of your onward flight outside the USA at that time.

I just hope the fact that the flights are a return from the US to the UK won't be a problem.
That is what they are looking for, the return flight from US to UK. So no, that won't be a problem, that will be the solution.

I can see what it looks like through the eyes of the Border agency and it can be construed that I am planning on staying over 90 days but that is a bit pointless if a visa application is going through....
Many, many people just end up staying in the USA and abandoning the visa process.

Rene
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Old Aug 15th 2012, 8:48 pm
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Default Re: Visiting whilst awaiting visa - proof required

http://travel.state.gov/visa/temp/wi...hout_1990.html
"Which travelers may use the Visa Waiver Program to enter the United States?

-If arriving by air or sea, they are traveling on an approved carrier (See the approved carriers list) and have a return trip ticket to any foreign destination;" (the emphasis is mine)

Regards, JEff


Originally Posted by Stoutbanana
Do you think I am likely to have a problem when we disembark in Florida (I have an ESTA) because I don't have a return air ticket?
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Old Aug 15th 2012, 8:49 pm
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Default Re: Visiting whilst awaiting visa - proof required

We want to be living together, married legally so I/we can come and go as we like between the US and the UK.

thank you for your help Rene...
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Old Aug 15th 2012, 9:10 pm
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Default Re: Visiting whilst awaiting visa - proof required

Originally Posted by Stoutbanana
We want to be living together, married legally so I/we can come and go as we like between the US and the UK.
The only time both of you will have total freedom to come and go as you like between the US and UK, is when you are both citizens of each other's countries. Until then, you will have some restrictions imposed upon you regarding travel and length of time away.

Rene

Last edited by Noorah101; Aug 15th 2012 at 9:12 pm.
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Old Aug 15th 2012, 9:11 pm
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Default Re: Visiting whilst awaiting visa - proof required

Originally Posted by Noorah101
You must be able to present proof of your onward flight outside the USA at that time.
I should clarify this and say "onward travel". It does not have to be by plane.

Rene
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Old Aug 15th 2012, 9:12 pm
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Default Re: Visiting whilst awaiting visa - proof required

When we get married does Diana become a UK resident or is it a bit more complicated than it used to be?
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Old Aug 15th 2012, 9:15 pm
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Default Re: Visiting whilst awaiting visa - proof required

Originally Posted by Stoutbanana
When we get married does Diana become a UK resident or is it a bit more complicated than it used to be?
I am 100% sure it is more complicated than just getting married. I am sure she has to apply to become a UK resident and follow whatever rules apply to maintain UK residency.

This forum is for people wishing to live in the USA. For your UK-related questions, you should visit www.uk-yankee.com.

Rene
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Old Aug 15th 2012, 9:17 pm
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Default Re: Visiting whilst awaiting visa - proof required

Stout,

Since we got to some lengthy discussion about your case in particular, I started a new thread for you.

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Old Aug 15th 2012, 9:19 pm
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Default Re: Visiting whilst awaiting visa - proof required

Originally Posted by Stoutbanana
When we get married does Diana become a UK resident or is it a bit more complicated than it used to be?
She will need to apply for a spousal visa.
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Old Aug 15th 2012, 9:22 pm
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Default Re: Visiting whilst awaiting visa - proof required

Originally Posted by Stoutbanana
My fiancée has applied for a marriage based visa and she is coming over to visit next weekend for two weeks in the UK.
Originally Posted by civilservant
She will need to apply for a spousal visa.
It seems she's done that...according to his first post.

Rene
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Old Aug 15th 2012, 9:33 pm
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Default Re: Visiting whilst awaiting visa - proof required

Originally Posted by Noorah101
Stout,

Since we got to some lengthy discussion about your case in particular, I started a new thread for you.

Rene
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Oh ok thanks, I didn't want to start a new thread on a subject already under discussion in case I got into trouble again....
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Old Aug 15th 2012, 9:34 pm
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Default Re: Visiting whilst awaiting visa - proof required

Originally Posted by Noorah101
It seems she's done that...according to his first post.

Rene
So she has.... time for bed
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