My USA Dillema

Old Aug 22nd 2003, 8:50 pm
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Default My USA Dillema

Hello everyone - this is my first time posting and it's good to be here. I'm hoping to get some advise from you guys with regards to my particular situation. I have read the FAQs and archives and although some more general stuff has been very helpful, I wouldn't mind a few specific clarifications.

I am a UK citizen and in June 2002 travelled to Australia to spend a year studying as part of my course in the UK. Although I travelled direct to Australia, I did so on a one-way ticket and when booking my return flight discovered that a flight back to London via the USA would cost no more, so I took it. I filled in all relevant documentation and arrived under the VWP for a five day stay in LA followed by a few days in NY then on to London.

My time in LA was brilliant - so good, infact, that I am still here! I made many friends through the friends I was staying with and am having a great time. It is my intention that when my VWP period expires, I will return to LA within a couple of weeks and continue my stay here for another few weeks.

I am following all the conditions of the VWP in that I am not working (well, I get a small amount of money in exchange for helping out around the place but it's hardly work) and am not over-staying my welcome of 90 days. Yet I am utterly petrified of the immigration people who I have convinced myself with subject me to some kind of horrific ordeal when I try to explain why I am coming back so soon after already spending 90 days (or there-abouts) here.

What makes things worse is that because I spent the last year in Australia, I have no place of residency in the UK and my studies have been completed which means I am enjoying a period between study and work at the moment. I do have enough money to fund my stay (though not by typical eyes - I don't have much money but the small amount I get for doing housework gets me through) and I do possess a return ticket for the UK (a one way ticket) for travel half way through my next VWP period. Do you think that will be enough?

On my first entry to the US (LAX, LA) I was not asked a single thing and was so unimpressed by the so called 'secure entry' (the immigration official was casually checking his Hotmail while dreamily checking my documentation) and the people I stay with are not legal immigrants and miraculously evaded continuously using the VWP for nearly four years before deciding to just stay here.

Do you think it's likely I will be granted entry? I can't see any reasonable reason why not but my situation (lack of proof and no real commitments to the UK at this time) worries me should I be subjected to some kind of interview proceedure.

+++++++++++++++++++++++++++++++++++++++

Long term, I would like to live in the USA. I have met a girl here and while she is not seroius enough to warrant me giving up everything (and she certainly won't be being mentioned at any stage during my immigration check-in) it does have potential and it's our plan that upon my re-entry to the US, we will apply for a Fiance Visa and try things that way. I am aware that gaining a VWP with intention of applying for a FV is considered Visa fraud but at the moment it isn't serious intent - it's an idea that we'll give more seriously upon my return and again won't be being brought up should i be questoined.

I personally can't see anything illegal about any of that but knowing how 'secure' immigration agents like to be I thought I'd throw this one out to you guys and see if you could advise me on anything.

Thanks so much in advance

'Spurious'

PS Just as a note of interest, I did not know my address I was staying at when I arrived at the USA for the first time two months ago. I couldn't put it on the form and was told I would be refused entry by someone checking the forms before people actually got to an immigration official. I told her I didn't know the address and couldn't find out the address because I didn't have the telephone number of the people I would be staying with except by email and they didn't have any email facilities pre-immigration and even if they did I had no US currency to make the telephone call and couldn't get any pre-immigration. They failed to see my logic and simply got stubborn and said they wouldn't let me in. I ended up telling them point blank that I would simply make up a fictional address and give them that and to my astonishment they said that as long as there is something writtin in that bit of the form, they saw no problem. I put down 'Holiday Inn, Century Blvd.' though next time I'll come up with something more specific - I don't want to put down my actual address since firstly the guys I live with are not legal immigrants, and secondly if it came to it that I saw a future in LA yet wasn't able to attain a FV and decided the risk was too strong to re-apply under the VWP (which it would be I think if I did it again soon) then I'd consider staying here illegally indefinitely...

Last edited by spurious; Aug 22nd 2003 at 9:01 pm.
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Old Aug 23rd 2003, 5:02 am
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So let me get this straight....

What you're asking for is advice on how best to break the law?

Try www.breakingtherules.com/stupid

Regards
-=-
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Old Aug 23rd 2003, 5:33 am
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Originally posted by ScarlettHill
What you're asking for is advice on how best to break the law?
Erm, very obviously no I am not.

I am asking for advise on how likely it is that I will be denied re-entry to the USA because I don't have obvious ties to the UK due to my travel in Australia last year. Perhaps you'd like to enlighten me on how that is asking for the best way on breaking the law. I am aware that people will use this kind of forum for that purpose however you shouldn't be so quick to fling around that kind of accusation - read my post again please.
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Old Aug 23rd 2003, 5:39 am
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obviously are intending to stay as an illegal if things work out the way you hope. so how is it not helping you to do something illegal. read your own post!!!!

part of your post!!!!

the guys I live with are not legal immigrants, and secondly if it came to it that I saw a future in LA yet wasn't able to attain a FV and decided the risk was too strong to re-apply under the VWP (which it would be I think if I did it again soon) then I'd consider staying here illegally indefinitely...


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Old Aug 23rd 2003, 5:46 am
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Yes, as an aside at the end of the day I would consider that but that clearly wasn't the kist of my message and it seems people are jumping on this probably because they've gone through enough stress to do it all 'by the obok'

Look - I'm not going to break the law - if I was then I wouldn't go to the hassle of doing things properly. I'm simply asking if, all things considered, it's likely that I will be held up or not at POE when I return.

I'll be leaving regardless since I have things to attend to in the UK. Please don't judge me and get hung up on what amounts to an aside at the end of a post. Thanks.
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Old Aug 23rd 2003, 7:06 am
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hi,

i am from germany and i had a visitor visa for 1 year to stay in the states.i lived with some friends and didn't work. you are not allowed to work or go to school, when you got this b2 visitor visa. i left the states after 11 mos and went back for a 10 days visit. i had a return ticket and when i arrived at the airport (atlanta) i was denied entry cause they didn't believe me that i hadn't been working during my PREVIOUS stay. if you'll only but mention the fact, that you did some housework i can guarantee you,that they won't let you enter the states. they don't care if it's just a litttle bit of helping out. you better make sure, you're able to proof that you lived on money you saved up before you came to the states. working while being in the states on a visa waiver is illegal and they'll send you back.

good luck

barbara



Originally posted by spurious
Yes, as an aside at the end of the day I would consider that but that clearly wasn't the kist of my message and it seems people are jumping on this probably because they've gone through enough stress to do it all 'by the obok'

Look - I'm not going to break the law - if I was then I wouldn't go to the hassle of doing things properly. I'm simply asking if, all things considered, it's likely that I will be held up or not at POE when I return.

I'll be leaving regardless since I have things to attend to in the UK. Please don't judge me and get hung up on what amounts to an aside at the end of a post. Thanks.
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Old Aug 23rd 2003, 7:30 am
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Default Re: My USA Dillema

Originally posted by spurious
(well, I get a small amount of money in exchange for helping out around the place but it's hardly work)
Sorry to disillusion you, but you ARE breaking the law - not only working, but expressed barefaced intent of residing in the US illegally rather than travel legally back and forth.

The VW is for 90 days as a visitor. As long as you keep within the rules then you are doing nothing wrong and there is no good reason why they should not let you in. I have visited the US very frequently (with one 90 day stay), totally legally. I work in a school so visited on many of the breaks that I had. I have had a couple of grillings at the POE, but I really have done nothing except visit.

What you are doing and intending to do just gives all of us poor ole innocent people a bad rap!! It's people like you who flout the law that make it hard for everyone else.

Do us all a favour and pursue this legally. Get advice from an immigration lawyer if you have any doubts over what you should do.

Cathy
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Old Aug 23rd 2003, 8:38 am
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Default Re: My USA Dillema

Sorry, this is nonsense. My so called work is minor housework as a favour for a ridiculously small amount of money. I am quite clearly persuing this legally and am quite surprised that you seem unable to identify my main question here. Yes, people come and go on 90 day visas but after spending 90 days here and with only two weeks break before my intended trip back, I was merely asking for some opinion on whether or not I can expect a problem free visit to immigration or not. I didn't want to be jumped and frowned upon by peopole looking for an excuse to "tell someone off" or play silly mind games. Please don't waste my time and reply concerning my question or don't bother.
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Old Aug 23rd 2003, 8:51 am
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although you think minor housework for a trivial amount of money is not working. bcsi may think differently there was a post on here a while back were someone had done baby sitting and i think if i remember right they were sent back at poe. and this was one of the reasons sited. so although you think what you are doing is correct, it may not be correct officially. and the way your statement is worded suggest that you are only intending to get through poe. after that you dont care if you are legal or not you will stay anyway.
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Old Aug 23rd 2003, 8:58 am
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Will you be allowed back under the VWP for another 90 day visit after a few days/weeks back in your native country, only the BCPC can tell you take. And then, only when you are face to face with them at the airport in the US. As you said you have nothing to show as proof that you will return the UK to resume your life. No money, no home, no job, no ties. That is a very large negative when it comes to a repeat visit so close to your departure.

There is the issue that you will be giving fraudulent information on your next re-entry into the US. You know where you will be staying and yet you are going to be putting down a phoney address. Knowingly. That is fraud.

There is also the issue for the Fiancee Visa. Apparently you have not looked at the criteria for this visa closely. You need to have a UK address in order to be eligible for it. You don't have one. During the K-1 portion you will be asked to swear to questions regarding your stay(s) in the US and any fraudulent statements you might have made on any entry to the US. While she can apply for the I-129F portion of the FV while you are in the US, you have to be in England to complete the second part of it. You will need to get a medical, police clearance, your name will be run through the BCIS databanks (IBIS and FBI) for any activity connected with your name.

If migration to the US were easy, do you think the ex-pats you are staying with would be here illegally? If discovered by the DOJ or DOS that you were living with people that you knew to be illegal immigrants, they would not think very highly of you and/or your pursuit of a fiancee visa.

Just some thoughts you might like to chew on.

Rete
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Old Aug 23rd 2003, 9:05 am
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Thanks for that.

The only thing I would be able to show is that I have a return plane ticket back to the UK and am registered at a UK university at the time I arrive. I can verify this if required by letter from the University.

I suspect I will be ok since everything is fine and I can show that I have intention to return for good cause, but reading through the lists on this site has done nothing but worry me so I wanted to be reassured I guess.
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