going back to america on a waiver visa after just returning
Hi all,
I am hoping you can help with my question..... I am engaged to an American woman and we are have just applied for the fiance visa to enable me to move over there and marry......i have recently returned to the UK after spending just under 90 days over there on the waiver visa (i came back 15th Jan 09). The plan was for her to come over to the uk in March and spend some time here helping to split up the time we are apart while we wait for the visa to be processed... We have recently found out that her Dad is really ill so she is unable to travel over here at the moment for obvious reasons........and because she is alone over there i would like to go back and stay for another three months to help support her and be there for her through this difficult time..... We have spoken to the USCIS and they have said there is no problem me being over there while the fiance visa is being processed as long as i return for my interview etc... what we'd like to know is.......is there a limit on how often i can return for 90 days......ie.....after just returning in Jan would i have a problem being admitted again for another 90 days if i flew out at the end of Feb??? |
Re: going back to america on a waiver visa after just returning
The general rule of thumb is to spend at least as much time out of the US as you spend in it. Whether or not you are let back in is at the discretion of the IO at the POE, no-one here can give a definite answer on that I'm afraid. Be prepared for extra questioning and have lots of proof of your ties to the UK if you do try it.
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Re: going back to america on a waiver visa after just returning
Originally Posted by thompsonator
(Post 7262919)
Hi all,
I am hoping you can help with my question..... I am engaged to an American woman and we are have just applied for the fiance visa to enable me to move over there and marry......i have recently returned to the UK after spending just under 90 days over there on the waiver visa (i came back 15th Jan 09). The plan was for her to come over to the uk in March and spend some time here helping to split up the time we are apart while we wait for the visa to be processed... We have recently found out that her Dad is really ill so she is unable to travel over here at the moment for obvious reasons........and because she is alone over there i would like to go back and stay for another three months to help support her and be there for her through this difficult time..... We have spoken to the USCIS and they have said there is no problem me being over there while the fiance visa is being processed as long as i return for my interview etc... what we'd like to know is.......is there a limit on how often i can return for 90 days......ie.....after just returning in Jan would i have a problem being admitted again for another 90 days if i flew out at the end of Feb??? Sorry to hear about your future father-in-law. Out of curiosity, why did you talk to CIS? It is true that that the VWP time in the US will not adversely affect your pending K-1 petition. But that is not your question and CIS has nothing to do with it. It is a crap shoot -- each admission is a CBP, not CIS function. There is no set time frame. However, I'm sure others will chip in and give their general rules. |
Re: going back to america on a waiver visa after just returning
We called them just to check it wouldn't affect the visa status if i did return....is it worth me calling the American Embassy and asking their advice?
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Re: going back to america on a waiver visa after just returning
Originally Posted by thompsonator
(Post 7262932)
We called them just to check it wouldn't affect the visa status if i did return....is it worth me calling the American Embassy and asking their advice?
However, whether you are allowed in or not it won't affect your K1. |
Re: going back to america on a waiver visa after just returning
Originally Posted by thompsonator
(Post 7262932)
We called them just to check it wouldn't affect the visa status if i did return....is it worth me calling the American Embassy and asking their advice?
|
Re: going back to america on a waiver visa after just returning
Originally Posted by thompsonator
(Post 7262932)
We called them just to check it wouldn't affect the visa status if i did return....is it worth me calling the American Embassy and asking their advice?
As others have said, whether you are allowed in or not, it will *not* affect your K-1 visa at all. Ian |
Re: going back to america on a waiver visa after just returning
ok........what if i was to go for less time? would that improve my chances or is it the fact that i have just returned that will be taken into account and not how long i wish to stay??
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Re: going back to america on a waiver visa after just returning
Originally Posted by thompsonator
(Post 7263005)
ok........what if i was to go for less time? would that improve my chances or is it the fact that i have just returned that will be taken into account and not how long i wish to stay??
Edit to add: You might want to fly out from Ireland... some flights pre-clear US immigration at the airport and you will know, before the long flight to the US, whether or not you'll be allowed to enter. If you're turned away, it'll just be a short trip home. Ian |
Re: going back to america on a waiver visa after just returning
Thanks Ian........i'll look into to the Ireland thing.......that would be a lot less painful than arriving in Houston and then having to come home...
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Re: going back to america on a waiver visa after just returning
Not having read word for word the other replies, the facts that you have an I-129F pending (the K-1 is not yet in process), going back to the US with little time outside its borders for yet another 90 days, having a USC fiancee with an ill father does not, IMHO, bode well.
Why? Because there is the illness of the father and the fact that she is alone which will appear that you are a prime candidate for a spontaneous marriage. Please use the Irish entry for this trip. Be honest but remember only to answer the questions asked of you. Do not elaborate. Do not volunteer information. |
Re: going back to america on a waiver visa after just returning
thanks Rete
yea we will be honest and open.....the last thing i want to do is do anything that may affect us getting the K1 visa.........god it is so frustrating lol |
Re: going back to america on a waiver visa after just returning
you said she was going to come over in march. If you can put off your attempt until then - you would have had at least 6 weeks out of the US. If you have a return ticket for less than 90 days - say 30 days or 45 days it may help. i say may as like everyone else has said its just speculation. but the longer the gaps between visits and the shorter the visit - the more chance.
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Re: going back to america on a waiver visa after just returning
Originally Posted by thompsonator
(Post 7262919)
Hi all,
I am hoping you can help with my question..... I am engaged to an American woman and we are have just applied for the fiance visa to enable me to move over there and marry......i have recently returned to the UK after spending just under 90 days over there on the waiver visa (i came back 15th Jan 09). The plan was for her to come over to the uk in March and spend some time here helping to split up the time we are apart while we wait for the visa to be processed... We have recently found out that her Dad is really ill so she is unable to travel over here at the moment for obvious reasons........and because she is alone over there i would like to go back and stay for another three months to help support her and be there for her through this difficult time..... We have spoken to the USCIS and they have said there is no problem me being over there while the fiance visa is being processed as long as i return for my interview etc... what we'd like to know is.......is there a limit on how often i can return for 90 days......ie.....after just returning in Jan would i have a problem being admitted again for another 90 days if i flew out at the end of Feb??? I agree with MsE's post but encourage you to read some of the threads in here about VWP visits. It's been gone over many, many times & there is just no knowing what cards *you* will draw when you get here. Read the current thread Questions asked at Port of Entry - I-94 for further insights. |
Re: going back to america on a waiver visa after just returning
Originally Posted by thompsonator
(Post 7262932)
.is it worth me calling the American Embassy and asking their advice?
No. It would not. |
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