too many visits to US on VWP - being questioned?
Apr 2nd 2013, 4:51 pm
#61
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Location: Kentucky
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Re: too many visits to US on VWP - being questioned?
What it all boils down to, is being honest up front and facing the consequences !!
Ian
Apr 2nd 2013, 4:58 pm
#62
Yorkshire Lass
Joined: Feb 2013
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Re: too many visits to US on VWP - being questioned?
I guess everyone lies ! But as he's a personal friend, I guess that doesn't preclude him from your comments either ! LOL Oh well....guess I just have to agree to disagree, and it was of course just my personal opinion and my experience. One of the joys of living in the US.
Apr 2nd 2013, 6:32 pm
#63
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Posts: 14,049
Re: too many visits to US on VWP - being questioned?
Semantics can be important. Here you've described your purpose in two different ways - "be with" has a connotation of 'for the duration' which "visit" does not.
But not knowing any different I thought that as I was married I could come over and be with my husband while we waited. I wasn't going to be working and my husband was supporting me, so i didn't see a problem. When I landed at LAX the officer asked me the purpose of my visit. I was totally honest with him and said "I'm here to be with my husband while we wait for the residency paperwork to go through'. He stamped my passport and waved me through.
It was only when my husband and I went for the residency interview that the lady we spoke to said that the officer at LAX had been wrong and that he should have turned me away IMMEDIATELY and sent me back to Australia, but the fact that I had told him about my husband and the reason for my visit, and that he hadn't turned me away was not my fault and they let me stay - but I must admit it was CLOSE!
It was only when my husband and I went for the residency interview that the lady we spoke to said that the officer at LAX had been wrong and that he should have turned me away IMMEDIATELY and sent me back to Australia, but the fact that I had told him about my husband and the reason for my visit, and that he hadn't turned me away was not my fault and they let me stay - but I must admit it was CLOSE!
Apr 2nd 2013, 6:56 pm
#64
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Re: too many visits to US on VWP - being questioned?
There is a large subjective component inherent in the decisions by the Dark Forces at the ports of entry. And there are no hard and fast rules.
For example, lets say a person engaged in a hot and heavy TransAtlantic relationship and comes here for one week every two months -- the number of short visits actually establishes the "bona fides" of the visit. The person has an excellent immigration history and has demonstrated a habit of departing timely.
No flip it around a bit, the person goes to the UK for one week every two months -- although the person has a history of timely departing, they also have a history of spending the vast majority of time in the US. Doesn't look so good.
Each case is different.
For example, lets say a person engaged in a hot and heavy TransAtlantic relationship and comes here for one week every two months -- the number of short visits actually establishes the "bona fides" of the visit. The person has an excellent immigration history and has demonstrated a habit of departing timely.
No flip it around a bit, the person goes to the UK for one week every two months -- although the person has a history of timely departing, they also have a history of spending the vast majority of time in the US. Doesn't look so good.
Each case is different.
So I assume my immigration history satisfied them.
Apr 2nd 2013, 7:05 pm
#65
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Re: too many visits to US on VWP - being questioned?
The word visit in the last paragraph refers to what the Immigration offical said. She referred to it as a visit. But you're right it's just semantics lol
Apr 2nd 2013, 8:36 pm
#66
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Re: too many visits to US on VWP - being questioned?
Whichever way you look at it, it's an abuse of the VWP and the powers that be DO have the right to turn you away from the airport, because just by coming and going so many times they have the thought that you might be planning to stay, live, work here in the US. Which you are ! The fact you have a BF would be another red flag.
I was in a similar situation many years ago. I had married a US citizen and flew back to Australia while waiting for all the spousal sponsorship paperwork was going through. I wanted to make sure I was doing everything the RIGHT way, the LEGAL way, because there are more than enough illegal residents here in the US already!!!
But not knowing any different I thought that as I was married I could come over and be with my husband while we waited. I wasn't going to be working and my husband was supporting me, so i didn't see a problem. When I landed at LAX the officer asked me the purpose of my visit. I was totally honest with him and said "I'm here to be with my husband while we wait for the residency paperwork to go through'. He stamped my passport and waved me through.
It was only when my husband and I went for the residency interview that the lady we spoke to said that the officer at LAX had been wrong and that he should have turned me away IMMEDIATELY and sent me back to Australia, but the fact that I had told him about my husband and the reason for my visit, and that he hadn't turned me away was not my fault and they let me stay - but I must admit it was CLOSE!
But the simple fact is it is WRONG ! You lie by omission at the airport by not telling them about the boyfriend, so that makes you lose credibility as to the REAL purpose of your visit. The fact that you come and go so frequently I'm surprised they haven't already tried to turn you back at the airport because it should be sending big warning flags to them.
As others have said...can your BF meet you half way? If the relationship is that important then do things the RIGHT way, and if your relationship suffers then it wasn't meant to be in the first place. Wouldn't you much prefer to be allowed to enter the country legally rather than be banned for 10 years????
I was in a similar situation many years ago. I had married a US citizen and flew back to Australia while waiting for all the spousal sponsorship paperwork was going through. I wanted to make sure I was doing everything the RIGHT way, the LEGAL way, because there are more than enough illegal residents here in the US already!!!
But not knowing any different I thought that as I was married I could come over and be with my husband while we waited. I wasn't going to be working and my husband was supporting me, so i didn't see a problem. When I landed at LAX the officer asked me the purpose of my visit. I was totally honest with him and said "I'm here to be with my husband while we wait for the residency paperwork to go through'. He stamped my passport and waved me through.
It was only when my husband and I went for the residency interview that the lady we spoke to said that the officer at LAX had been wrong and that he should have turned me away IMMEDIATELY and sent me back to Australia, but the fact that I had told him about my husband and the reason for my visit, and that he hadn't turned me away was not my fault and they let me stay - but I must admit it was CLOSE!
But the simple fact is it is WRONG ! You lie by omission at the airport by not telling them about the boyfriend, so that makes you lose credibility as to the REAL purpose of your visit. The fact that you come and go so frequently I'm surprised they haven't already tried to turn you back at the airport because it should be sending big warning flags to them.
As others have said...can your BF meet you half way? If the relationship is that important then do things the RIGHT way, and if your relationship suffers then it wasn't meant to be in the first place. Wouldn't you much prefer to be allowed to enter the country legally rather than be banned for 10 years????
Apr 2nd 2013, 10:43 pm
#68
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Joined: Feb 2013
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Re: too many visits to US on VWP - being questioned?
And when I leave this country in a week I will be sure to not pay attention to anything the Immigration people might tell me lol
Apr 2nd 2013, 10:48 pm
#69
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Re: too many visits to US on VWP - being questioned?
Apr 3rd 2013, 1:14 am
#70
American Expat
Joined: Jan 2004
Posts: 7,598
Re: too many visits to US on VWP - being questioned?
It was only when my husband and I went for the residency interview that the lady we spoke to said that the officer at LAX had been wrong and that he should have turned me away IMMEDIATELY and sent me back to Australia, but the fact that I had told him about my husband and the reason for my visit, and that he hadn't turned me away was not my fault and they let me stay - but I must admit it was CLOSE!
Also, if the "visitor" who is waiting for the IV approval has already sold her home, car, and quit her job pending approval then that person is technically ineligible for the VWP because a visitor must have an unrelinquished foreign residence she has no intention of abandoning on that entry. So I could see circumstances where that lady could have been correct such as if the person had already terminated ties to her home country.
You may already know this part, but I wanted to clarify for other readers. A VWP refusal, by itself, has no bar from reentry. The refusal is overcome by a successful visa application and admission/entry to the US. A VWP Removal has a 10-year bar. That is for people who are admitted under the VWP, leave the port of entry, and are then hit with an immigration warrant of arrest within the US and removed. It can happen if the person is arrested for something else, gets found to be out of status by working without permission, overstay, being inadmissible at the time of entry for something that wasn't known at the time. It can also happen if the person tries to exit the US and get sent back by the country they tried to depart to. That person would be removed instead of refused.
Apr 3rd 2013, 1:48 am
#71
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Re: too many visits to US on VWP - being questioned?
So maybe in her case, it could have been good luck since apparently he proposed to allow them to be together.
Apr 3rd 2013, 5:26 pm
#73
Member
Joined: Apr 2001
Posts: 14,049
Re: too many visits to US on VWP - being questioned?
My point was that it's not "just semantics". The different connotations that similar words have can make a significant difference. Politicians who have found themselves in deep doo-doo know this all to well, that's why they have people on their staffs to make sure they phrase things in a way that will make the public happy rather than piss the public off.
If your were entering the USA to visit your husband then the CBP officer was correct to grant you entry. If you were entering the USA to be with your husband [until your visa interview] then arguably, as the USCIS case officer felt, the CBP officer should have denied you entry.
Regards, JEff
If your were entering the USA to visit your husband then the CBP officer was correct to grant you entry. If you were entering the USA to be with your husband [until your visa interview] then arguably, as the USCIS case officer felt, the CBP officer should have denied you entry.
Regards, JEff
Apr 3rd 2013, 5:37 pm
#74
Yorkshire Lass
Joined: Feb 2013
Location: West Yorkshire
Posts: 1,416
Re: too many visits to US on VWP - being questioned?
My point was that it's not "just semantics". The different connotations that similar words have can make a significant difference. Politicians who have found themselves in deep doo-doo know this all to well, that's why they have people on their staffs to make sure they phrase things in a way that will make the public happy rather than piss the public off.
If your were entering the USA to visit your husband then the CBP officer was correct to grant you entry. If you were entering the USA to be with your husband [until your visa interview] then arguably, as the USCIS case officer felt, the CBP officer should have denied you entry.
Regards, JEff
If your were entering the USA to visit your husband then the CBP officer was correct to grant you entry. If you were entering the USA to be with your husband [until your visa interview] then arguably, as the USCIS case officer felt, the CBP officer should have denied you entry.
Regards, JEff