GINNY66

I'm new to this forum and only just trying to get my head around US immigration and whether it's an option!! So any help would be greatly appreciated.
My boyfriend is American - I'm English.
We've been dating a couple of years and as I am self employed it is easier for me to visit the US.
I'm travelling using VWP and usually only can stay for a week at a time as I have a ten yr old at home. I always go back as planned and always have my return flight booked.

My first question is whether I can continue to travel using VWP whilst we decide our future plans and is there any problem with the frequency of visits. I'm planning on increasing to every 2 months now.

Many Thanks and apologise if anyone has asked a similar question in the past.

Englishtart

Welcome to BE Gynny. I think the rule of thumb with a VWP is that you spend at least as much if not more time back in the UK as you do in the US. There are rules about the frequency of visits too, but i'm not 'up' on the visa issues (sorry) You could take a look in the immigration forum, or have a look in the wiki, there have been lots of threads on the VWP, so you could also do a search in the 'search box' up top in the yellow bar Are you guys planning on getting married anytime soon?

Good luck.

GINNY66

Oh Thankyou - I'll check that out on the frequency rules then.
Getting married is a likely option but prefer to get married when we want to - I also have my own business too which I would like to expand into US. Nothing major as I'm just a freelance web designer.... but in an ideal world would rather just be able to have a period of time there just so I know it's right for my son first. thanks again

Englishtart

Sounds like a plan Your Son has to be your priority, hope you find the answers you need, just pop back in here and give us a yell if you need anything else, or just for a chat

Noorah101

Yes, as long as you remain eligible to use the VWP, you will always be able to travel on the VWP. General rule of thumb is to be outside the USA more than inside, before attempting another VWP visit. However, keep in mind that the POE agent has complete authority to deny you entry to the USA. If your visits become too frequent, he might think you're trying to "live" in the USA, and will eventually deny you entry.

Also remember that you cannot work while in the USA at all. The POE agent might wonder how you can be away from work so often.

Rene

tht

The most I have seen in a UK passport in 1 calendar year is 17, of which most were WB, these were all short trips, often 2/3 days.

The POE officer would ask what the individual was coming for an who he worked for.

So in your case saying you are coming to visit your BF may lead him to a different conclusion than someone who is visiting for business (it makes sense that a person visiting for business could travel frequently without taking time off work).

tht

meauxna

You said in another thread that you overstayed? Be sure not to work while you're in the US on the VWP.

Unfortunately, there's no 'try before you buy' option for the marriage-based visas.

GINNY66

Thank you for your replies - it certainly helps and I feel we have been naieve and I just want to travel using the right way while we decide what we do and where we want to live.

This year I have only been in Jan and Aug but now have two more trips ( 1 week each and only could do Dec due to air miles flight) booked end of Oct and beg Dec with my son. If I stay in hotels would that be better ?

All my trips are pleasure and never worked while in USA - my laptop stays in the UK as I actually treat my trips as a holiday and it's the break I get from work.

I overstayed by one day in Jan due to illness - I never realised that could of been a problem.

I always say my visit is for pleasure and to visit friends (that's the truth) and I also go to shows there too. I only once got questioned and being totally naieve didnt realise why. Anyway the officer just said if there's plans to marry etc then I need to make sure I used the right process - I just said the friendship wasn't at that stage which was the truth then.

So my issue is now in Oct and Dec whether I'm honest or whether I still say I'm purely visiting friends and say no romance to give myself the time to work things through and whether USA is the right place for us - but with the view we have to now make a decision on our future and apply for the correct visa after the end of the year. I need a Dating visa :-)

And I'm assuming I wouldn't qualify for a business visa if I wanted to set up a business in US ? So it looks like the only way to be together is to get married??

My bf will come to UK Jan/Feb so I'm hoping that gives us time to sort stuff out - it's just getting the time to get money together and just get everything organised while still wanting to see each other without fear of being sent back.

I'm terrified now that I'll get sent back when I have my son with me as I'll only have been home for 3 weeks - scared :-(
And I want him to have that holiday so much !!

Anyway I'm so thankful for this forum - I would of obviously got in a mess and would of felt really stupid for not realising.


Maybe I need to call a lawyer and get some advice ??

Thanks !!

discoviking

I have a suspicion that you may be unclear on the terminology, so please clarify:

You say that you usually go for a one week trip when you visit your boyfriend in the US. When you enter on the VWP however, you are typically admitted for 90 days, and you will get a stamp and an I-94 stapled in your passport indicating the date you have to leave the US by.

So when you say that you overstayed by one day in January, did you stay for a week and left a day later than planned, or did you stay for one day past the date on your I-94? (91 days most likely)

If it's the former, i.e you left one day later than planned and did not stay past your I-94 expiration date, you didn't overstay and do not have a problem.

If it is the latter, and you stayed for one day past your I-94 expiration date, you have a problem. A one day overstay will not get you banned from the US, but overstaying by even one day makes you ineligible to use the VWP in the future, and you would need a B2 visa for any future visits.

So which is it?

GINNY66

OK - that's helped me thankyou.

I stayed one extra day of my weeks trip in Jan so no I didn't stay past 90 days.
Now I know what overstay is though thank you !! And I didn't do it - great !

I'm sure I'm getting paranoid hey..... just reading all this stuff has just freaked me out. And I just want to do the right thing but it's all so confusing.

I never stay long as my son is only 10 and I hate being away from him.
So when I return to US in Oct and Dec I can prove that I have definite ties in the UK right now. Home and my work.

I feel like I'm being forced to lie about my romance though and I'd rather be honest. But will that give me a problem ??

Once I know what we're going to do and which country we will settle in then I can progress the right visa etc right ?? I feel like we will have to decide pretty quick if they don't want me there every couple of months.

Noorah101

Having a problem because you told the truth is far better than having a problem because you lied. NEVER lie to an immigration official.

Yes.

Rene

GINNY66

OK thanks - I'm getting there now.... I do want to be honest - and it's not that I've lied I've just always said I'm visiting friends ( I do have other friends there too) - if they asked me who I can tell them then ? - just scared of arriving with my son and we both get sent home. I would hate that to happen - it's his holiday aswell as seeing my bf but I should just tell them that right ? And keep hoping I get a nice officer.

I appreciate the help with this, thank you.

Noorah101

You should answer the exact question asked, without volunteering further details unless asked specifically.

You should always be emotionally prepared to be turned away at the POE, just in case. It can happen, so best to be prepared for the worst and hope for the best.

If you get turned away, at least you know you've answered all questions honestly, and it should not hurt your chances of immigrating to the USA in the future.

Rene

Lissbovavd

Hello there Ginny66,

I sympathize with your situation, which is not an easy one to deal with.
While there are many people on this forum who are vastly more knowledgeable than I am about the intricacies of US Immigration, I would still venture to say this:

The more often you visit the United States, even for very short trips such as in your case, the more of a "visiting pattern" is being, rightly or wrongly, perceived by the CBP agents at the Port of Entry (PoE).

At some point in the future - absolutely impossible to say when - you are likely to be accused of "abusing" the VWP and would then have to apply for a B2 visitors visa, which is in fact extremely difficult to obtain for most people from VWP countries, unless they are of retirement age.

The discretionary powers of each and every CBP officer at the PoE are so comprehensive that he/she is pretty much able to turn around an "alien" visitor to the US more or less at a whim if he/she for whatever reason is being in a foul mood on the particular day of your arrival at the PoE.
When travelling on the VWP you are also giving up your rights to a judicial review of your case, should you be denied entry to the United States.

I really don´t want you to feel freaked out, but in case of a refused entry - for whatever reason - the turned-around "alien" might at worst have to spend a night in the CBP holding cell at the airport before being put on the next available flight home.
This worst case scenario would only apply if there are no more flights available to the original departure destination of the person concerned until, say, the next morning.

My suggestion would be that you if at all possible travel through Dublin International Airport in Ireland where there are full pre-clearing CBP facilities, meaning that you actually go through US customs and immigration at the airport before boarding the flight for the US.
Then at least you would still be close to home should you for whatever reason be denied entry to the US.

All the very best of luck to you!

GINNY66

OK Thank you - I am finding it hard not to freak out - but if I can get through next two visits then I will have visited 4 times this year in total and hopefully that's not too bad...... and my bf can visit the UK Jan/Feb so gives us some time to organise ourselves.

I think I'm just shocked to hear what could happen and I never would of really known if it wasn't for this forum. Least I can be prepared now.

Would it be best to stay in a hotel for my next visits do you think ?
Also it is a vacation place.

Thank you !!