Advise please
#1
Guest
Posts: n/a
Advise please
I have just been told by the Consulate in Sydney that it could be as long as
8 weeks until I receive an interview date.....then the interview could be 3
weeks after that...
My question is am I allowed to fly back to the States and return to
Australia in time for my interview... then I could be with Wendi at this
time when she needs me.
regards
Joe
8 weeks until I receive an interview date.....then the interview could be 3
weeks after that...
My question is am I allowed to fly back to the States and return to
Australia in time for my interview... then I could be with Wendi at this
time when she needs me.
regards
Joe
#2
Guest
Posts: n/a
Re: Advise please
Poonnies man wrote:
>
> I have just been told by the Consulate in Sydney that it could be as long as
> 8 weeks until I receive an interview date.....then the interview could be 3
> weeks after that...
> My question is am I allowed to fly back to the States and return to
> Australia in time for my interview... then I could be with Wendi at this
> time when she needs me.
> regards
You could do this, but you should bring overwhelming evidence that you
intend to return to Austalia.
>
> I have just been told by the Consulate in Sydney that it could be as long as
> 8 weeks until I receive an interview date.....then the interview could be 3
> weeks after that...
> My question is am I allowed to fly back to the States and return to
> Australia in time for my interview... then I could be with Wendi at this
> time when she needs me.
> regards
You could do this, but you should bring overwhelming evidence that you
intend to return to Austalia.
#3
Guest
Posts: n/a
Re: Advise please
"mrtravel" wrote in message
news:[email protected]...
> Poonnies man wrote:
> >
> > I have just been told by the Consulate in Sydney that it could be as
long as
> > 8 weeks until I receive an interview date.....then the interview could
be 3
> > weeks after that...
> > My question is am I allowed to fly back to the States and return to
> > Australia in time for my interview... then I could be with Wendi at this
> > time when she needs me.
> > regards
> You could do this, but you should bring overwhelming evidence that you
> intend to return to Austalia.
I would have my return ticket and all my paper work ..I would be silly to
not return for my interview as I have waited 6 months up to now
Joe
news:[email protected]...
> Poonnies man wrote:
> >
> > I have just been told by the Consulate in Sydney that it could be as
long as
> > 8 weeks until I receive an interview date.....then the interview could
be 3
> > weeks after that...
> > My question is am I allowed to fly back to the States and return to
> > Australia in time for my interview... then I could be with Wendi at this
> > time when she needs me.
> > regards
> You could do this, but you should bring overwhelming evidence that you
> intend to return to Austalia.
I would have my return ticket and all my paper work ..I would be silly to
not return for my interview as I have waited 6 months up to now
Joe
#4
Guest
Posts: n/a
Hi,
The straight answer is what you are considering can be a bit of a lottery. Some have done this with no problem. Others have been turned back in handcuffs at the port of entry. Many lawyers advise against trying to visit at this stage. I'm not a lawyer. I wouldn't have tried it myself but I know others who have - with both types of results.
Pasted below is what the London US embassy FAQ has to say on the subject. Best of luck, whatever you decide to do.
Regards
-=-
Scarlett
Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed?
If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.
If applying for a B-2 visa, you are required to furnish evidence of your residence outside the United States to which you intend returning at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a U.K. residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend abandoning your residence, you will not be issued a visa.
When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to U.S. immigration evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.
The straight answer is what you are considering can be a bit of a lottery. Some have done this with no problem. Others have been turned back in handcuffs at the port of entry. Many lawyers advise against trying to visit at this stage. I'm not a lawyer. I wouldn't have tried it myself but I know others who have - with both types of results.
Pasted below is what the London US embassy FAQ has to say on the subject. Best of luck, whatever you decide to do.
Regards
-=-
Scarlett
Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed?
If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.
If applying for a B-2 visa, you are required to furnish evidence of your residence outside the United States to which you intend returning at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a U.K. residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend abandoning your residence, you will not be issued a visa.
When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to U.S. immigration evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.
Last edited by ScarlettHill; Feb 14th 2003 at 7:02 am.
#5
Guest
Posts: n/a
Re: Advise please
The problem is that without sufficient evidence to convince the Inspector at
the POE, you may very well be denied entry, have to turn around and fly
home. Good evidence is apartment lease, mortgage, letter from your employer,
etc. If you can't prove to the Inspector that you're not a risk to overstay,
you are SOL.
"Poonnies man" wrote in message
news:[email protected]...
> "mrtravel" wrote in message
> news:[email protected]...
> > Poonnies man wrote:
> > >
> > > I have just been told by the Consulate in Sydney that it could be as
> long as
> > > 8 weeks until I receive an interview date.....then the interview could
> be 3
> > > weeks after that...
> > > My question is am I allowed to fly back to the States and return to
> > > Australia in time for my interview... then I could be with Wendi at
this
> > > time when she needs me.
> > > regards
> >
> > You could do this, but you should bring overwhelming evidence that you
> > intend to return to Austalia.
> I would have my return ticket and all my paper work ..I would be silly to
> not return for my interview as I have waited 6 months up to now
> Joe
the POE, you may very well be denied entry, have to turn around and fly
home. Good evidence is apartment lease, mortgage, letter from your employer,
etc. If you can't prove to the Inspector that you're not a risk to overstay,
you are SOL.
"Poonnies man" wrote in message
news:[email protected]...
> "mrtravel" wrote in message
> news:[email protected]...
> > Poonnies man wrote:
> > >
> > > I have just been told by the Consulate in Sydney that it could be as
> long as
> > > 8 weeks until I receive an interview date.....then the interview could
> be 3
> > > weeks after that...
> > > My question is am I allowed to fly back to the States and return to
> > > Australia in time for my interview... then I could be with Wendi at
this
> > > time when she needs me.
> > > regards
> >
> > You could do this, but you should bring overwhelming evidence that you
> > intend to return to Austalia.
> I would have my return ticket and all my paper work ..I would be silly to
> not return for my interview as I have waited 6 months up to now
> Joe
#6
Guest
Posts: n/a
Re: Advise please
Poonnies man wrote:
>
> I would have my return ticket and all my paper work ..I would be silly to
> not return for my interview as I have waited 6 months up to now
They know you want to live in the US.
They know you don't currently have a visa to do this and there might be
something that would cause your visa to be denied.
While you and I might believe that it wouldn't be wise to not return to
Australia, that doesn't mean the INS guy at the POE may have a different
idea of what your potential plans are.
>
> I would have my return ticket and all my paper work ..I would be silly to
> not return for my interview as I have waited 6 months up to now
They know you want to live in the US.
They know you don't currently have a visa to do this and there might be
something that would cause your visa to be denied.
While you and I might believe that it wouldn't be wise to not return to
Australia, that doesn't mean the INS guy at the POE may have a different
idea of what your potential plans are.