Ravedj

Hi all,

Many thanks already to those who have posted helpful information which is
directly relevant to our situation. I am a UK Citizen hoping to get to know
my USC girlfriend better with a view to marriage.

As background, we "met" on the internet (via the dreaded Napster music
sharing software about a year ago, and eventually in person in November
when we got along wonderfully. We're both seriously happy and are trying to
move the relationship along, but it's been tough doing it on the internet
what with a 6 hour timezone difference and other "life factors" like jobs
and kids. So my answer is to "move" to her temporarily and see if we work
together as a family.

I have a few questions to which I haven't seen anyone refer before
(certainly in the last couple of months that I've been lurking/watching):

1. I know I've left it a little late to apply for a B-2 Visa (I didn't know
they existed until a couple of days ago), and am about to enter the US on
11th Jan from the UK to stay 87 days (as per the 90 day maximum allowed
under Visa Waiver Program) to visit her. It's too late to apply for a B-2
from the London consulate, right?

2. I have quit my job here but have sufficient money to easily survive for
about 6 months without another one, even keeping my mortgage going here in
the UK and renting an apartment near her. How much would be sensible to
have about my person at the Point of Entry and how much is permissible to
bring into the US - $10,000 too much? And what evidence should I have to
hand to show the official that I'm self-sufficient? Bank statements? I
intend to open a US bank account (for which they told her I only need a
passport) and can transfer more money from the UK into it, if necessary.
Any advice?

3. After my 87 days are up, I will come home (I have a return ticket as
proof of intent to return). Do I need more proof? I have a house here with
a mortgage - how do I prove that to the official at the POE? I have no job
to return, but I do have my parents here. I can understand how this might
look to an INS agent - an attempt to sneak into the US and remain there with
my gf.

4. How soon after I return to the UK can I fly back to the US? Is there a
set time period I must spend in my home country? I want to spend as little
time apart from her as possible. I will also be paying the rent on an
apartment there where we all intend to live (providing everything in our
relationship goes to plan).

5. I have no intention of breaking the rules, and understand from previous
posts that honesty is the best policy at the POE. What do I say? "I'm here
to get to know my girlfriend better with a view to settling down and
becoming a USC, but I will go home before my 90 days are up, officer. I
know I can't work and definitely won't, honest." ?

I'm worried now.. that nervousness that so many of you are feeling while
your I-129F's are with the Service Centers is totally understandable. We're
barely on that road - although we are talking about marriage - and already
I'm shaking in my boots. Those INS officers scare the living .. outta me,
even on a 1 week vacation.

Many thanks to all our fellow hopefuls in advance of your replies. We're
truly grateful for your esteemed help.

Dave (UKC) & Pammi (USC)

Mrtravel

If you tell them you are staying for 3 months, they may ask you about
your employment.
If you say you are no longer employed, they may not let you in.
If you lie, that could be the basis for a fraud ban.

abba48uk

Blimey, just a couple of questions huh?...lol
For what its owrth, here's my opinion in those areas where I have any experience at all.
1. B2 visa..........I know nothing about it, so cant help
2. Bringing money into the USA. I, too, spent a lot of time with Julie before our K1 was granted......although the longest period was 7 weeks, and more usually was between 2 and 4 weeks. In total I made 5 trips in 21 months. That doesnt prove a thing, of course, but at least you know its not impossible. I brought up to $10,000 in cash with me and opened a US bank account. I then wired money from my UK bank to the USA (we were, prematurely, buying a house...........it was the perfect house for us so we took a chance on the grant of the visa). I had no problem from this. Again, that doesnt mean you are home free, but at least you know it HAS been done ok.
3. Proof that you are going to return. I honestly dont think hsaving a return ticket will mean diddley squat. After all. I had a return ticket when i entered on my K1 visa with NO intention of using it (it was cheaper than a one way). I suggest that copies of the Deeds of your house, mortgage agreement, house insurance, maybe your vehicle log book (if you have a car) as all would be evidence of continuing ties to the UK. This is all the more necessary in your case because you dont have a job back home.
4. How soon can you come back again? Now that is hard to say, especially since you are staying for nearly 3 months this time. There are, I think, rules about the TOTAL time you can spend in any one year before you become liable to US taxes, Florida is a case in point. UK friends of mine with Florida properties are limited to something around 130 days in any 12 month period.........or so they tell me.

I hope some of this is useful. I can only give you a view based on my experiences and, as we all know, INS officers have virtually total discretion. Best of luck with everything.......I am all in favour of net romance

NorthSouth

Hi

I hope with my experience with the INS I can add some value to the other posts:

1. A B-2 Visa will take a while to process and so arrive under the Visa waiver program - do not exceed the 90 days though!!

2. You seem like you've planned well, bear in mind alot of apartment rentals require credit checks. For this you need a social security number which can only be granted to those who come to the US on work visas granted by the INS or through marriage to a US citizen.

3. Please double check with the bank that all you need is a passport, every bank I know requires a credit check and therefore a social security number and sometimes a drivers license (US) or other official documentation bearing your address in the US. If you can open an account which I am doubtful of, dont bring cash, I'll explain in a sec. You dont need to prove to the INS you are self-sufficient when entering on the VISA waiver - they'll ask the purpose of your visit when you intend to leave etc.

Have your return ticket but you may not need to show it. It looks very bad not to have one. It looks like you intended to stay. Think about it from an outside perspective - why do people buy one-way tickets??!!

4. There is a 90 day limit to your visit and a 180 day limit in each 12 month period so you can literally fly out and then back 24 hours later if you wanted. The INS know exactly when you flew in and when you flew out so when you come back for the 2nd time you may get more grief then the first - depending on how the officer see your travel history.

In all honesty I can see how your case could look very suspicious to an INS officer - a UK resident with no job back home (obvious from your 87 day stay), $10,000 in cash, bank statements to prove he is self-sufficient and is renting an apartment to get to know his USC girlfriend.!!
Although your motives are completely honest it reeks of overstaying your visa waiver, working illegally and living illegally.!!

Best to tell the INS you are visiting a friend (which is true!) and try not to focus on how long you are staying - you are only going to alarm them with the amount of planning you've done!
They are trained to be suspicious/cautios and rightly so - the INS has a major problem with people here illegally for one reason or another.

You'll find alot of great people on this site willing to help

Good luck

Mrtravel

NorthSouth wrote:
    >
    > 4. There is a 90 day limit to your visit and a 180 day limit in each
    > 12 month period so you can literally fly out and then back 24 hours
    > later if you wanted.

Is this an official limitation?

Anon

"abba48uk" wrote in message
news:[email protected]...
    > Blimey, just a couple of questions huh?...lol
    > For what its owrth, here's my opinion in those areas where I have any
    > experience at all.

[snipped]

    > Best of luck with everything.......I am all in favour of
    > net romance
    > --
    > Posted via http://britishexpats.com

Thank you so much for recounting some very useful experiences. You didn't
help with my fear of the INS but then I don't expect I will stop shaking
till I am hugging my girlfriend

Dave

Anon

"NorthSouth" wrote in message
news:[email protected]...
    > Hi
    > 1. A B-2 Visa will take a while to process and so arrive under the Visa
    > waiver program - do not exceed the 90 days though!!

I definitely won't.. coming home last time was so emotional but I'm
determined not to break the rules.

    > 2. You seem like you've planned well, bear in mind alot of apartment
    > rentals require credit checks.

I have already had a green light on an apartment. They faxed me a form, I
completed and faxed it back with copies of a couple of credit cards. My
girlfriend is about to pop round there with a deposit and all seems
straightforward. I get to choose the one I want from the complex on
arrival; or I can reject them all, get my money back and try somewhere else.

    > 3. Please double check with the bank that all you need is a passport,

Again, Wells Fargo seem desperate for business (maybe?) and it looks
straightforward. Just keep $300 in the account and there are no fees.

    > 4. There is a 90 day limit to your visit and a 180 day limit in each
    > 12 month period so you can literally fly out and then back 24 hours
    > later if you wanted.

This is good news.. who knows, I may be picking up my K1 anyhow ;-)

    > Best to tell the INS you are visiting a friend (which is true!) and try
    > not to focus on how long you are staying - you are only going to alarm
    > them with the amount of planning you've done!

I thought planning and being honest might help my case. "I know the
rules" - doesn't this imply I've researched the facts and will abide by the
law? Maybe not, I guess. Now you see why I'm quaking

    > You'll find alot of great people on this site willing to help
    > Good luck

Once again, thank you for your thoughts and ideas. Very valuable indeed.

meauxna

We learned through our recent bank applications that it is actually easier for a NON resident alien to open a bank account. Dave, I think the info you got is correct. They will request you complete an IRS Form W7(? I think that's the one). We ended up pushing our bank to accept a W7 in lieu of a Social Security number to get my Alien Husband on my bank accounts.
I'd strongly advise you to check this out further. Ingo over at alt.visa.us can expand further or do him a favor and search google groups first. As MrT (kinda) pointed out, this is probably NOT an official rule. For example, I was told ONE 90 day visit per 12 month.

Keep in mind that if you bring 10K or greater in financial instruments, you must make a special declaration at Customs. To keep things simple, you might want to bring less and arrange to have it sent to you from home.

I agree with abba48; get creative and think about what proof you can muster to show ties to your home country. Being "in between projects" does not necessarily make you a immigrant, but keep in mind that the US State Department's *stated* assumption is that every person who enters the country is a potential immigrant. I would NOT give them the whole 'story' ie keep it simple. When my (now) husband made a similar trip last year, he told the truth, but not the whole truth. He was coming to visit friends, was retired and had never seen the States, hence the long-ish visit.

NorthSouth

Hi folks

The 90 day/180 day issue. It is "official" from the perspective that I was told that by the interviewing INS officer at my interview in Boston,MA

Maybe its a Boston INS guideline more than anything.

In light of your follow ups - maybe I'll stop quoting it because it may differ with other field offices.

NorthSouth

Interesting about banks opening an account for you....

I tried all 3 of the major banks in New England when I moved here and they all told me to foxtrot oscar.

L D Jones

mrtravel wrote:
    >
    > NorthSouth wrote:
    > >
    > > 4. There is a 90 day limit to your visit and a 180 day limit in each
    > > 12 month period so you can literally fly out and then back 24 hours
    > > later if you wanted.
    >
    > Is this an official limitation?

I don't believe there is an official (published) limitation

Ant1

This is from the US Embassy London web site:

Question: Is there a limit to the number of times I may travel to the United States visa free in any given period of time?

Answer: There is no limit to the number of times you may travel visa free under the Visa Waiver Program in any given period. There is also no minimum period of time you are required to remain outside the U.S. before reapplying for admission. However, if you are a frequent traveler to the United States you should be sure to carry with you for presentation to U.S. immigration evidence of your residence abroad to which you intend returning at the end of your visit together with evidence of funds sufficient for your support while in the United States. If the immigration inspector is not convinced that you are a bona visitor for business or tourism, you can be denied entry.

To see this FAQ in detail go to: http://www.usembassy.org.uk/cons_web...freetravel.htm
The above answer is at the bottom of the page.
Hope this helps and good luck.

sal_whit

Hi

Just read this post!!
From the 16th Mar 2001 Until the 31st Aug 2002,I traveled by visa waiver from the UK to MD.
Each time I stayed for 89 days,I would fly back to the UK for a week or 2,Then fly right back again!!!!
It wasn't until the time before the last waiver,The ins started to question my constant visits!!!!
Needless to say on my last visit,I had to stay in the UK for a month find a job and have proof with me when I returned to the USA.
Glad I did,They went trough every bit of paperwork I took with me.
They called my fiance at work,Asked him questions and then asked me the same questions,to see if we said the same thing!!!!
They did after 2 hours of questioning allow me in.
The down side is they have now said I can no longer travel to the USA by this means.
I could not marry him while I was there,As my divorce was not final!!!!!
I have to stay in the UK until my K1 visa is approved.
After being with my fiance for nearly 17 months,This last 4 months we both have really found it hard to be apart.
I was very lucky but I was told by the ins officer, its usaully 3 waivers per year and not full 90 stays.
hope this helps.
sal

sharmilashah

My boyfriend and I did the same type of thing - he came and stayed here for 2 months. Originally he only planned on staying for 1 month but we ended up extending it. It was never really an issue for us. INS
was fine when he said he was staying for 1 month to visit me. You are probably just more paranoid b/c you know you want to come here for good later... As far as bringing $ - do you HAVE to bring it with you - can't you just access it from here (excuse my ignorance if you'll get loads of charges).

The only thing I will tell you is that if you do intend on coming back permanently -- read everything you can on the I-129(F) application and send it out way before you even leave the US. We were told we had to wait for him to leave before beginning the process - and later found out that he didn't have to! (he's from the UK by the way). We got our petition approved and hopefully his interview will be scheduled for sometime in January. If you have any questions about the I-129(F) then don't hesitate to email us or check out our timeline on this site. The more you can do to avoid delays the better! Fingers crossed - we've been doing pretty good so far!

Best of luck to you and your girlfriend!

Happy Holidays,
Sharmila

Ravedj

Just wanted to say thank you all, not only for your technical answers to our
questions but the support and willingness to share this difficult period
with us.

I'm sure there are a million sites out there with relevant information, but
to hear the personal experiences of contributors to this forum is
incomparable.

I particularly enjoyed Sharmila & Rajat's post :
http://britishexpats.com/forum/showt...&postid=589318

and also:

http://www.davehollis.com/k1/list.ph...datesent&dir=1

These give a great deal of hope in a seemingly desperate situation.

We'll continue to post our progress here in the hopes of helping others
facing a similar challenge.

Dave & Pammi