Werin

This may have already been mentioned somewhere, but we are a UK family of 4, we are less than a year away from our Green card interview. We have bought a house in USA.
I retired from after 37years with the civil service, so we decided to spend more time at our house. We seem to have made a mistake as we intended to try and come to the USA for 3months (90 days) at a time using the VWP. We went to UK on 5 December after 11 weeks here and we returned 2 and a half weeks later. On arrival we were taken to a side room and questioned about our intent and they were convinced that we were attempting to live here on tourists visa's. I should mention we are in the middle of renting a property in the UK. We were planning to have Christmas here with our family nearby and then stay a total of just under 90 days, but they have now paroled us for a month. We have been told this will not affect our status in any way either with our application or future visits, we just hope this is so, as it was a genuine mistake, we had no idea we were doing anything wrong, we have not worked illegally etc.
I wonder if anyone has had a similar experience and if anyone could advise as to whether our status may have been affected in anyway.
Thanks Steve

fatbrit

You're now flagged in the computer and probably shouldn't bother trying to return until you have your green cards. Arrange your property and stuff here so it won't need your presence for the next year or so. You don't mention how long you've spent in the US in recent times -- but that probably is the reason why.

Also, the mind boggles with the GCs. Family of 4.....but 38 years in the civil service.....just doesn't add up in my mind.

SarahG

Ideally on the VWP you should spend longer out of the US than you do in it. For example if you stay in the US for 80 days then you should spend at least 90 out of the US before you try to return.

Rete

What process are you using to obtain green cards? Lottery? Family sponsorship?

Yup you sunk yourselves with the frequency and duration of the visits to the US on the VWP. Glad you were allowed in for the holidays.

Werin

Wife replying, brother is the sponser.(2000)
We have only spent a month at a time in the US previously.
Thank you Sarah for your advice, we shall do that in future. Have a nice Christmas.

fatbrit

You must have had your kids late in life! Usually they've aged out with sibling sponsorship.

The rejection shouldn't affect your immigrant visa petition. But it's probably your last trip until your travel on your immigrant visas.

Zonie

I'm here to boggle your mind for the second time today. We arrived in the US a family of four, as permanent residents, in our mid/late 50's with two Children (?) aged 22 and 19. Never looked back since.

Good luck Werin.

Werin

Thanks Zonie, we will not give up hope. Glad you are settled.

fatbrit

Was the 22 y.o. an age-out issue or not?

Zonie

No issue because of the Child Status Protection Act. We used it on our I-140 petition.

http://www.uscis.gov/portal/site/usc...00082ca60aRCRD

Apologies for the size of the link but it is a government website!

fatbrit

Yep -- I assumed you relied on that. The act (and it's interpretation by the powers that be) is beyond my simple comprehension abilities, though.

scrubbedexpat099

A friend of mine had two children when in his 50's, my sympathies.

They could have put you on the next plane back, sounds like you hit the right spots.

Werin

I guess you will find this hard to believe but we had no idea we had done something wrong. We visit USA each year and stay for a month. You are right they were going to put us on the next plane back. We are grateful to be given a bit more time to sort stuff out. Very disappointed but a big lesson learned. Thanks for your advice, yes plain speaking but honest.

meauxna

I think the point people are trying to make is that you changed what you were doing. "Visit(ing) the USA each year and staying for one month" is vastly different from "we intended to .. come to the USA for 3months (90 days) at a time using the VWP. We went to UK on 5 December after 11 weeks here and we returned 2 and a half weeks later."

You may not live in the US on the VWP.

BritishGuy36

Ok so you have a house in the USA....and want to live in it for as long as they will let you. I'm surprised you got in at all; the border agent suspected you are trying to live here without the correct documentation to do so - and he was right.

I agree as above...don't try and enter again without the correct visa or GC, or next time you'll be back on the plane.