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Using VWP whilst waiting for I-130

Using VWP whilst waiting for I-130

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Old Feb 19th 2008, 2:53 pm
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Question Using VWP whilst waiting for I-130

I know as a rule of thumb that you're supposed to allow the same amount of time out of the US as in the US. But has anyone had problems or experience of visiting the US 3 months and then coming back to the US 2-4 weeks later for another 3 months?

I will have proof that I need to return to the UK with me.
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Old Feb 19th 2008, 3:05 pm
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Default Re: Using VWP whilst waiting for I-130

Originally Posted by Mariaslk
I know as a rule of thumb that you're supposed to allow the same amount of time out of the US as in the US. But has anyone had problems or experience of visiting the US 3 months and then coming back to the US 2-4 weeks later for another 3 months?

I will have proof that I need to return to the UK with me.
Well I have done it years ago, but thats not to say it will happen to you, depends on the POA officer I have friends that did it as well, one friend on the 3rd attempt got deported in the late 90's as they found letters on her that suggested she was working as a nanny..

Its not something that they will tolerate as ongoing in my opinion.
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Old Feb 19th 2008, 4:05 pm
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Default Re: Using VWP whilst waiting for I-130

Originally Posted by Mariaslk
But has anyone had problems or experience of visiting the US 3 months and then coming back to the US 2-4 weeks later for another 3 months?
We get reports all the time that people are turned away because they try to re-enter too soon... we also get reports that people are allowed to enter under the same circumstances. You have a 50/50 chance each time you apply to enter the US... and, much like playing the stock market, success in the future can not be based on success in the past.


I will have proof that I need to return to the UK with me.
This is good, but even with your proof of intent to return to the UK, you can *not* always demonstrate that you don't intend to stay in the US. In the grand scheme of things, there is only your word that you will leave the US when you're supposed to.

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Old Feb 19th 2008, 4:12 pm
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Default Re: Using VWP whilst waiting for I-130

Actually what kind of proof could there be that you will return to the UK if you are able to spend 6 months outside of it in a 6 month, 3 week period? Can't be a job, or young children, or school, etc.
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Old Feb 19th 2008, 5:52 pm
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Default Re: Using VWP whilst waiting for I-130

Without going into too much detail, I have a court order which says I must return, so guess this is evidence enough for them.
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Old Feb 19th 2008, 6:12 pm
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Default Re: Using VWP whilst waiting for I-130

Originally Posted by Mariaslk
Without going into too much detail, I have a court order which says I must return, so guess this is evidence enough for them.
This may be going off topic, but if you have a court order that requires you to return to the UK after spending only 3 months in the US, does that same order not apply to you MOVING to the US?
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Old Feb 19th 2008, 6:36 pm
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Default Re: Using VWP whilst waiting for I-130

Message for Olliewat:
No, this doesn't affect where I can live. I just have to return to the UK in July/Dec/Mar.
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