materialcontroller

Exactly right!

scrubbedexpat099

If you have a long term well paying job why would you leave it to work under the table in the US?

There may be some, but most would not.

materialcontroller

Well not everyone has "long term well paying" jobs do they? And though the numbers may be a minority, there will always be somebody that might decide to try their luck elsewhere, regardless of the consequences. People do the strangest things, and don't always think or act rationally.

I think the point is that anyone who is determined enough to want to stay in the USA, even if that involved overstaying on the VWP or violating visa conditions, wouldn't care about either a job or rental lease at home. But to claim that one is more of a home tie than another seems a bit disingenuous to me.

scrubbedexpat099

Immigration is not about absolutes.

Your normal 2 parents and kids going to see the mouse, well not cheap.

Not cheap anyway to visit US.

materialcontroller

Yes. I completely agree with this.

ian-mstm

Fair enough... but for many people, their pay is held back a few weeks - so that could get expensive! But, you're essentially right - at least in the sense that there really is nothing that can prove your ties to another country.

And so the paradox emerges.

In order to not be sent home by a CBP officer, you need to prove that you don't intend to stay in the US. But, logic dictates, it is impossible to prove a negative... so there is absolutely no way that anyone can give such proof.

Still, the myth continues that it is, somehow, possible to prove you don't intend to stay! Go figure!

Ian

ljaw2002uk

I would imagine it is a case of "reasonable doubt".

Steve_

Big, big red flag to CBP. Especially on VWP because you cannot adjust status from VWP. "I'm here to visit my boyfriend." "What is your boyfriend's status in the US?" "He's a US citizen." "Please proceed to secondary inspection."

They'll assume until proven otherwise that you're thinking of moving in with him.

People get all wound up about # of days in the US and frequency of visits but what CBP is looking for is non-immigrant intent. If you spend more than six months a year in the US then they might deny you entry on basis of "duration of stay", because they decide you do not have non-immigrant intent. This is only one consideration for them however.

Really they're looking for things like, do you have a bona-fide residence abroad? Do you have employment abroad you intend to return to? Do you have sufficient funds to cover your stay? Do you have a return ticket?

Apfelkuchen

Really? I've visited my USC boyfriend numerous times in the last two years, always under the VWP, and never even had a sniff of a secondary inspection. I've only ever been asked once why my boyfriend was in the US. It went something like this:

CBP @ O'Hare: 'What is the purpose of your visit?'
Me: 'I'm visiting my boyfriend.'
CBP: 'Why is your boyfriend in the US?'
Me: 'Charleston.'
CBP: 'No, WHY?'
Me: 'Oh, sorry, he's in the Navy. He's an American.'
CBP: 'Is there a ring in your future?'
Me: 'What?'
CBP: 'Is he going to talk to your parents?'
Me: 'Oh, I see. Well, it's complicated. His parents hate me.'
CBP: 'Enjoy your stay.'

Yup. In case it is of interest to the OP, the exact words of CBP Info in an e-mail to me when I posed the question were:

'You will need to not only have your passport (Valid) and ESTA (approved); but to also bring proof of strong ties to your home-country. This consists of showing proof of residency (In your name); Utility bills (in your name); proof of employment; round-trip airline ticket (keep visit short); adequate funds to support your stay in the U.S. and anything else you can prove ties to your home-country.'

The 'keep visit short' bit won't necessarily apply to the OP, as in my e-mail I asked them specifically about getting married under the VWP.

ian-mstm

The reality is that people do successfully adjust status from the VWP. Is it legal? That depends on who you ask... but if it was illegal, it simply would not be allowed. Is it without peril? Oh hell, no!

Ian

Oddy

Hi..

Been travelling to the States using the VWP for 6 to 7 years now, multiple visits each year, and only had trouble once when going trough Dulles, (secondary), and got bad advice about applying for a B2 visa from a CBP officer which shall remain nameless.
Am always telling the CBP officerthe truth about my visits, and the complications of international romance, and so far no problems except for once in DC. Been visiting 3 times a year for 3 weeks on an average.
Best of luck to you, young Lady

tiktak

Hi, guys, tomorrow is the big day and I am becoming quite nervous! Im bringing a note from my boss, account transcripts and oddly enough my dogs pedigrees (they are registered in my name) to prove I have something important to return to. I hope everything will go smoothly! The nerves are killing me, good thing they serve alcohol at the flight haha! Thanks for all your advice, I will keep you all updated!

materialcontroller

I think you'll be fine. Good luck and have a safe flight!

tonrob

Good luck, and give him one from us!