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going back to america on a waiver visa after just returning

going back to america on a waiver visa after just returning

Old Feb 8th 2009, 1:32 pm
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Default 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???
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Old Feb 8th 2009, 1:41 pm
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Default 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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Old Feb 8th 2009, 1:42 pm
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Default Re: going back to america on a waiver visa after just returning

Originally Posted by thompsonator View Post
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???
Hi:

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.
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Old Feb 8th 2009, 1:46 pm
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Default 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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Old Feb 8th 2009, 1:56 pm
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Default Re: going back to america on a waiver visa after just returning

Originally Posted by thompsonator View Post
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?
Not really. No-one can give you a definite answer on whether or not you will allowed in, it is at the complete discretion of the IO at the POE. The only way of knowing for sure is to try it.

However, whether you are allowed in or not it won't affect your K1.
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Old Feb 8th 2009, 2:14 pm
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Default Re: going back to america on a waiver visa after just returning

Originally Posted by thompsonator View Post
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?
Unless you know the name of the agent who will be authorizing or not authorizing your entry, what sort of meed they will be in that day and about 20 other things, no one can tell you a definitive answer. You can only get answers to things that are cut and dry, like you can enter on the visa waiver while you k-1 is processing. "Can" and "will be able to" do not mean the same things. Look at your case on paper. You spent almost 90 days in the US on the visa waiver, you came back briefly and want to spend another 90 days, you have a fiance who has a sick father and are waiting for a k-1. It would not be a far stretch for the officer to make the conclusion that you are actually living here so will come in, get married and try to adjust your status in order to stay with your fiance and help with the father. In which case you may have trouble.
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Old Feb 8th 2009, 2:20 pm
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Default Re: going back to america on a waiver visa after just returning

Originally Posted by thompsonator View Post
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?
Don't waste your time. The decision to allow you to enter the US is made by CBP - Customs and Border Protection *at* the port of entry. No one can advise you, in advance" whether or not you will be allowed to enter the US. It is all speculation on their part. The officer at the border will allow you in... or not - at his sole discretion.

As others have said, whether you are allowed in or not, it will *not* affect your K-1 visa at all.

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Old Feb 8th 2009, 2:25 pm
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Default 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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Old Feb 8th 2009, 3:00 pm
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Default Re: going back to america on a waiver visa after just returning

Originally Posted by thompsonator View Post
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??
The officer, regardless of your well-meant intentions, may decide that you are trying to "live" in the US rather than just visit. Repeated trips to the US with only a short period of time between trips may trigger that reaction, and that may initiate a series of unfortunate events for you. There simply is no way to know beforehand, what sort of reaction you're going to get from the officer. To help make your case at the border (should it become necessary (and the officer might just welcome you with open arms)), you should bring as much proof as you can of your intent to return to the UK - letter from your employer, lease/mortgage statement, etc. Good luck!

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

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Old Feb 8th 2009, 3:08 pm
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Default 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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Old Feb 8th 2009, 3:27 pm
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Default 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.

Last edited by Rete; Feb 8th 2009 at 5:45 pm.
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Old Feb 8th 2009, 3:38 pm
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Default 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
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Old Feb 8th 2009, 4:32 pm
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Default 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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Old Feb 8th 2009, 6:32 pm
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Default Re: going back to america on a waiver visa after just returning

Originally Posted by thompsonator View Post
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???
6 months out of 6 months is getting very close to 'living' in the US. What about your work?
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.
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Old Feb 8th 2009, 7:28 pm
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Default Re: going back to america on a waiver visa after just returning

Originally Posted by thompsonator View Post
.is it worth me calling the American Embassy and asking their advice?
Hi:

No. It would not.
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