Bedazzled

Hi there,

I have an L1 visa that is valid until next June. However, at the end of Oct my job is finishing - therefore I can't leagally be here and I'm heading back to UK. I plan to come back here for Xmas to see my boyfriend. Can I just travel on the VWP for my 2 week trip back? Do you think I will get grilled at POE for still having L1 in my passport?

Any advie much appreciated.

Big D

No you should be fine

Bedazzled

Thanks for the quick response. That puts my mind at ease.

J. J. Farrell

On Aug 30, 8:33 pm, Bedazzled <[email protected]>
wrote:
>
> I have an L1 visa that is valid until next June. However, at the end of
> Oct my job is finishing - therefore I can't leagally be here and I'm
> heading back to UK. I plan to come back here for Xmas to see my
> boyfriend. Can I just travel on the VWP for my 2 week trip back? Do you
> think I will get grilled at POE for still having L1 in my passport?

There's no saying really, there's always a risk of being grilled. It
depends entirely on the individual Border Protection Officer, and some
get worried whenever they see anything slightly unusual. There's
nothing wrong with what you're doing though, and you should have no
problem getting in. Just keep a close eye on what's happening and make
sure he doesn't admit you on the L visa (unlikely since you'll be
giving him the green I-94W). If they do ask about it, just explain
that you no longer work for the company so you can't use the L-1, you
just want to make a short visit on the visa waiver to spend Christmas
with friends. Don't bring up the word 'boyfriend', but answer any
questions honestly if they bring it up. They may also cancel your L-1
visa when you enter, but that doesn't matter.

Make sure the airline staff give you a green I-94W Visa Waiver form to
fill in rather than the white I-94; they may assume that you are using
the L-1 visa when they see it in your passport.

Bedazzled

Thanks for the advice. If I were to say I were visiting my 'boyfriend', would that look like entry with intent or something?? The reason I ask is that that may be the real reason for entry sometime in the next year. It would all be completely by the book, but I guess if I were to enter at another future time, it shouldn't be with the intention to get engaged.

Should I bring proof of status in the UK on my next trip? Valid address, proof of employment or something? It would be a nightmare to get the whole way over here and they be turned away at POE.

meauxna

Maybe you'd better review the whole 'intent' issue to see what law you'd be breaking with that.. it doesn't sound like you understand which 'intent' they are concerned with. (since you mention wanting to be by the book)

J. J. Farrell

On Aug 30, 11:21 pm, Bedazzled <[email protected]>
wrote:
> > On Aug 30, 8:33 pm, Bedazzled <[email protected]>
> > wrote:
>
> > > I have an L1 visa that is valid until next June. However, at the end
> > > of
> > > Oct my job is finishing - therefore I can't leagally be here and I'm
> > > heading back to UK. I plan to come back here for Xmas to see my
> > > boyfriend. Can I just travel on the VWP for my 2 week trip back? Do
> > > you
> > > think I will get grilled at POE for still having L1 in my passport?
>
> > There's no saying really, there's always a risk of being grilled. It
> > depends entirely on the individual Border Protection Officer, and some
> > get worried whenever they see anything slightly unusual. There's
> > nothing wrong with what you're doing though, and you should have no
> > problem getting in. Just keep a close eye on what's happening and make
> > sure he doesn't admit you on the L visa (unlikely since you'll be
> > giving him the green I-94W). If they do ask about it, just explain
> > that you no longer work for the company so you can't use the L-1, you
> > just want to make a short visit on the visa waiver to spend Christmas
> > with friends. Don't bring up the word 'boyfriend', but answer any
> > questions honestly if they bring it up. They may also cancel your L-1
> > visa when you enter, but that doesn't matter.
>
> > Make sure the airline staff give you a green I-94W Visa Waiver form to
> > fill in rather than the white I-94; they may assume that you are using
> > the L-1 visa when they see it in your passport.
>
> Thanks for the advice. If I were to say I were visiting my
> 'boyfriend', would that look like entry with intent or something?? The
> reason I ask is that that may be the real reason for entry sometime in
> the next year. It would all be completely by the book, but I guess if
> I were to enter at another future time, it shouldn't be with the
> intention to get engaged.

The "intent" they're worried about is that you might intend to stay in
the USA instead of going home. The existence of a boyfriend in the USA
is bound to make them think it a little more likely that you'll just
stay. Don't worry about this, just be honest about everything but
don't volunteer information. The future doesn't matter, it's your
intent during the current trip that counts. You can enter with the
intent to marry if you want, as long as you don't enter with the
intent to stay, and can convince them of that. If you later do want to
go to the USA, marry, and stay, there's a specific visa for that.

> Should I bring proof of status in the UK on my next trip? Valid address,
> proof of employment or something? It would be a nightmare to get the
> whole way over here and they be turned away at POE.

It's always a good idea to carry such evidence; house ownership, proof
of having a job (and even better of being required back by a certain
time), anything that shows you have good reason to leave the USA again
after your trip. The same rule applies as for what you say - don't
show this evidence unless there's a need to do so. Being too keen to
prove you're OK could be taken to imply you're trying to hide
something ...

Bedazzled

thanks J.J.

When I read the other post from Meauxna I felt that my intent was being misconstrued. I felt like I was being judged for doing something underhand - which I'm not.

The long and the short of it is that the reason I plan to stay in the US in the future (through only legal means) and for the longer term is to be with my boyfriend. Also, because we have long term plans together I have no intention of risking the terms of the VWP or my L1 visa. I want to do everything by the book. Ideally if we had the cash we would get married before I was forced to leave on my L1, but since this isn't the case, we have to make do with a long-distance relationship and me travelling in and out on the VWP or him doing the same, until such time that we can afford lawyers, form fees etc. I thank you for your candid response!! Much appreciated. I understand what you are saying about coming over to see 'friends' - makes perfect sense. I've no intention of breaking any rules, since I don't want to scupper future plans for making a life for me and the other half here in the US.

Jeez, I'm addicted to this forum now and after reading all the posts I wonder is it even worth all this hassle. We do want to stay in the US for the foreseeable, but then we intend moving back home. It's so depressing reading how hard this all is...jsut for wanting to be together!!!

meauxna

Bedazzled, I am just feeding back what I read from you--why put the blame on me for misconstruing?
You said that you would make a future VWP entry with the (implied) intent to immigrate.
"If I were to say I were visiting my 'boyfriend', would that look like entry with intent or something?? The reason I ask is that that may be the real reason for entry sometime in the next year"

All I said is that you may want to review which intent they're concerned with--you seem to think it has to do with getting engaged.

As for the rest.. it's a little hard, but not too bad, and after 6 years, I still feel like it's (he's!) worth it!
PS: there is a specifically marriage-based visa forum here too.