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My spouse is American, but we *don't* want to move to the US

My spouse is American, but we *don't* want to move to the US

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Old Jan 22nd 2009, 6:47 pm
  #16  
 
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Default Re: My spouse is American, but we *don't* want to move to the US

Originally Posted by 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.
Likewise. I was asked to show my business card a couple of times, but out of 50-odd trips that just seemed like the law of averages.

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"
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Old Jan 22nd 2009, 7:01 pm
  #17  
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Default Re: My spouse is American, but we *don't* want to move to the US

Thanks for your replies, everyone.

I've looked into the B-2, but it does seem that I wouldn't be eligible one because of the VWP. As the official stuff keeps reminding me, I'm aware it's not proof that I'm allowed in so I will make sure I travel with relevant documents.

I understand that the guy was doing his job and being careful, but he didn't half leave me a bit confused
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Old Jan 22nd 2009, 7:26 pm
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Default Re: My spouse is American, but we *don't* want to move to the US

Originally Posted by ampersand27
I've looked into the B-2, but it does seem that I wouldn't be eligible one because of the VWP.
Hi:

This sentence has me very confused -- the syntax doesn't make sense. If I didn't know better, your sentence could be read as stating that eligibility for VWP admissions destroys eligibility for a B-2 visa. Clarification might be in order.

Everything is a crap shoot in immigration -- when you have a visa, the DS-156 form is available to the inspecting officer. Also, the visa itself can be endorsed with something like "spouse of AmCit" or some such.

Another thing to be considered is that refusal of admission on the VWP has much more benign legal consequences than refusal on a visa.
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Old Jan 22nd 2009, 11:10 pm
  #19  
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Default Re: My spouse is American, but we *don't* want to move to the US

I think this may be why spouses of US citizens get closely scrutinized:

http://www.registerguard.com/csp/cms...2-55/story.csp
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Old Jan 22nd 2009, 11:51 pm
  #20  
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Default Re: My spouse is American, but we *don't* want to move to the US

Originally Posted by Folinskyinla
Hi:

This sentence has me very confused -- the syntax doesn't make sense. If I didn't know better, your sentence could be read as stating that eligibility for VWP admissions destroys eligibility for a B-2 visa. Clarification might be in order.
I'm under the impression from sites that provide visa information and resources that because I am eligible for the VWP, I would therefore not be eligible for the B-2 visa. I could be reading the information wrong, though.

Is it worth my time firing off a quick letter to the American Embassy to get clarification, or is that like expecting a reply to a 'Dear Santa' letter?
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Old Jan 23rd 2009, 12:11 am
  #21  
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Default Re: My spouse is American, but we *don't* want to move to the US

People are not inelgible for a B-2 if merely because they can use the VWP. We're 100% sure about that.

The embassy does look at such applications closely because it allows the person to stay in the US for a longer time period and they'll want to make sure you can support yourself while in the US and will return to your home.
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Old Jan 23rd 2009, 1:39 am
  #22  
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Default Re: My spouse is American, but we *don't* want to move to the US

Originally Posted by crg14624
People are not inelgible for a B-2 if merely because they can use the VWP. We're 100% sure about that.

The embassy does look at such applications closely because it allows the person to stay in the US for a longer time period and they'll want to make sure you can support yourself while in the US and will return to your home.
Ah, okay. This is helpful, thank you.

We don't have plans to visit the States for long periods of time, just 2-3 weeks for holidays, and probably not even every year.
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Old Jan 23rd 2009, 2:37 am
  #23  
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Default Re: My spouse is American, but we *don't* want to move to the US

Originally Posted by ampersand27
I'm under the impression from sites that provide visa information and resources that because I am eligible for the VWP, I would therefore not be eligible for the B-2 visa. I could be reading the information wrong, though.

Is it worth my time firing off a quick letter to the American Embassy to get clarification, or is that like expecting a reply to a 'Dear Santa' letter?
Hi:

As a lawyer, I have this thing of following the law and not internet postings. The VWP [broken into VWB and VWT] is procedural, not a substantive waiver of the requirement of a B-1/2 visa. That is pretty basic.

However, you eloquently stated your concerns in your opening post.

You qualify for either VWT or B-2 -- but there are concerns when you hit CPB inspector from the Dark Forces at the port of entry. This is a judgment call -- one you will have to make.
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Old Jan 23rd 2009, 2:51 am
  #24  
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Default Re: My spouse is American, but we *don't* want to move to the US

Originally Posted by Folinskyinla
Hi:

As a lawyer, I have this thing of following the law and not internet postings. The VWP [broken into VWB and VWT] is procedural, not a substantive waiver of the requirement of a B-1/2 visa. That is pretty basic.

However, you eloquently stated your concerns in your opening post.

You qualify for either VWT or B-2 -- but there are concerns when you hit CPB inspector from the Dark Forces at the port of entry. This is a judgment call -- one you will have to make.
I'd like to follow the law too

I appreciate everyone's help, thanks for all your input. I think I'll go with the visa waiver and will arm myself to the gills with as much paperwork as I possibly can just in case customs are having a bit of a day.
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