ampersand27

I'm pretty sure I know the answer to this because I've scoured the American embassy site from top to bottom, but I want to defer to more experienced folk as I was a bit disconcerted from my last customs experience. My partner is American, and we live together in the UK. We have no intention of living in the States as we both have full time, permanent jobs here in the UK.

I went to the US, on holiday, with my partner in December 2007. 9 hour flight, filled in the visa waiver, and stopped at the customs desk to get photographed, scanned etc.

The customs guy asked me if I knew anyone in the States. Not wanting to fib to the guy with the gun, I said that my partner's parents lived in PA, and we were going to stay with them whilst we were in the country. He then asked me what the purpose of my visit was, and I replied that we were holidaying. He asked me what my job was, and I told him.

At the time, my spouse and I were not married. I explained this to the customs guy when he asked me about who I was staying with (because they weren't technically in-laws yet, but they would be in January when our big day was). He told me that the next time I went to the States, I would need a special visa because we would be married. He insisted that if I didn't have the right visa, I would be put on a plane and sent straight back home. He let me go on ahead, but warned me to be more careful next time.

We want to go back to America in April, and not wanting to do a 9 hour flight and be sent straight back home again, I've been checking the embassy website to make sure I get the right visa. Thing is, I can't see anything that requires me to have a specific visa as we have no intention of staying over there. I don't wish to emigrate, and the only purpose of the trip is a holiday. As far as I can see, all I need is a visa waiver.

Is there something I'm missing, or was the customs guy getting the wrong end of the stick?

hobbes79

The customs guy you spoke to was a moron.

To be on the safe side, bring some paperwork to show ties to the UK eg. mortgage, bank accounts, etc. They might have a mild concern you'll attempt to get a greencard once in the US based on the fact you're married to a USC. Only show the docs if asked.

No special visa required at all in your circumstances.

meauxna

Maybe a little bit of both. The important thing to remember today is that your situation has changed considerably (congrats on your marriage!).

First of all, you will need an ESTA clearance for future VWP/Visa Waiver Program travel to the US. There is a pinned link at the top of the forum explaining.

The officer was likely concerned with your 'immigrant intent'. It is a presumption of law that you want to live here; don't take it personally. He was putting you on notice that if you want to live in the US, you must apply for the correct visa ahead of time and not take a short cut that a lot of people do(we won't even get into discussing it since it doesn't apply to you).

Your biggest weight in immigrant intent is your USC spouse. You can overcome that by carrying evidence of HIS residence in the UK, proof of job etc. IE, if your ties to the UK are greater than to the US, your situation improves. And you are starting out with a minus jsut for having the US spouse (because the assumption is 'of course you want to live in the US!').

It's a little extra layer of scrutiny, but no problem to take care of. Lots of USCs live abroad and have non-USC spouses. They successfully make the voyage.
Your issue at the time was being unmarried and having the appearance of a desire to remain, and a method (getting married). Next time you'll be able to say 'my spouse and I live in the UK'. Only if directly asked, of course.

meauxna

Disagree--doing his job to end the VW Express.

ampersand27

Thanks, I thought so too, but I wasn't going to say it to a guy with a gun

I figured I would take my rent contract and employment contract the next time I go. I always have my homeward-bound tickets on me, so hopefully they'll leave me alone next time...

Thanks for your help

Folinskyinla

Hi:

You may want to consider applying for a B-2 visa on the ground so it will be noted on your application that are married to a US citizen but definitely reside in the UK.

In any case, you should also have proof that your wife has ILR for the UK.

Sorry its a bitch -- just the nature of this particular beast.

hobbes79

Can you do the "VW Express" if you enter the country already married to a USC?

Disclaimer: I'm not debating the moral implications, just if it's possible at all

meauxna

Of course. When was a US wedding a requirement?

That's OK, you gave her the answer she wanted it seems.

hobbes79

Would that be wise given the OP does qualify for the VWP? Aren't the chances of being rejected quite high?

hobbes79

Oh, I live and learn. Thought the premise of the "VW Express" was that you suddenly decide to get married.

Not to "suddenly" decide to simply stay... hmm.

Thanks for the info!

crg

Seeking entry on the VWP is always a crap shoot. They can refuse you for bad breath if they feel like it.

A visa is always better if you can get one.

I'd say use the VWP if you plan on taking infrequent and short visits. Travel with evidence of your foreign residence and ties. Also, if your USC spouse has status and ties to the UK, be able to prove that too.

JCraigFong

I would be the last person to characterize the intellect of Border Guards--at least, not in an open forum; however, the Border Guard in your case was wrong. Meauxna is correct that the Guard was probably expressing concern -- however inartfully communicated -- related to your immigrant intent. All non-US citizens are PRESUMED to want to be immigrants, and the burden is on the ENTRANT to show the Border Guard that s/he is NOT going to immigrant (at this time).

The suggestion that you carry documents -- an employment letter, business card, lease on your residence, etc -- to show that you have a residence in the UK to which you will return is a good one. Stuart Folinsky's idea of proceeding to the Embassy to request a B-1/B-2 with a notation may be even better; it obviates the need to schlep all the paperwork around with you.

When I have had clients faced with this type of problem, I have always counseled them to "look the Guard in the eye, be a grown up, say loud and clear, 'I know, officer, that my lawyer has told me that tho' I am married to an American, I do not have a green card, I know that I cannot work, I know that I cannot live here. We are only visiting for a week or two. We are going back to the UK, because that is where we live and work. I am aware that I must apply for a green card if I ever wish to move to and work in the USA, and when that time comes, we will do so at the Consulate in London."

That tells the officer that you're informed, you understand his/her concern, and that you understand the law. Often, that's enough for the Guard.

Best of luck.

--J Craig Fong
Los Angeles, CA

crg

I agree with most everything you said except for throwing in the "my lawyer said" part. The fact that someone has spoken to a lawyer about US immigration may indicate that the person has been coached on how to slip in and adjust status.

Of course no immigration lawyer in the world would coach someone on how to answer questions at the border so they can gain entry and file for a nice drawn out, lucrative and profitable adjustment of status application along with the fees for the I-765, I-131, I-751 and all the trimmings. I would be shocked... SHOCKED I say if that were ever EVER to happen!

meauxna

heheh crg, you don't have to wait for a lawyer to spell it out for you; the Service is ready to let you twist:
http://britishexpats.com/forum/showp...22&postcount=3

lansbury

From 1996 to 2007 while married to a USC and living in the UK I traveled to the US many times on the VWP and never once was it questioned. Most times were to visit with family and I always said that.

Only comment I ever got was from one who asked if I was vacationing and I said yes come to visit the mother-in-law which got the reply "The trips not for pleasure then"