yc2m

Hi guys,

Thought this little cautionary tale might be of some interest to some of you!

Very brief summary of my circumstances.......
Some of you may know from my previous posts, I'm a student nurse, final year. My OH is a UK citizen who has been working in US for 6 years, has a green card and is 2 years away from applying for citizenship. After USC is (hopefully) granted, we will get married, and my son and I will move to the US. In the meantime I'm hoping to undertake the graduate nurse program in Australia, whilst we are wading through the citizenship route.

Ok now the cautionary bit of the tale...
For the past 6 years, I have been travelling to the US on VWP, and NEVER once have I abused this. Although I have made, on average 3-4 trips per year, the duration has ranged from 1 week to 3 weeks. Most times at POE I've had a bit of interrogation, but on the whole not too bad. However I arrived in the US yesterday for a 8 day trip, and boy oh boy, did I get a roasting!! They took my biometrics and asked the usual questions: why are you here?, how long are you staying?, show me your return ticket information etc.
Then I got to the customs guys, to hand in my form, and was duly taken aside and spoken to, in what I would say was initially, a very hostile and disrespectful manner. The official asked the same questions as previous guy did, then he tells me that this is the last time I will be allowed in the US under VWP! I began to ask him why this was the case, and he told me to keep quite, he was talking!!
He then went on to explain that, I had come over on 27th Dec 08 and returned on 8th January, and therefore was abusing the VWP. He said it had nothing to do with my previous trips, but more importantly, the time between my January 09 departure and this visit was way too close.
I was very very upset at the way in which I was spoken to, and that for the most part, was not allowed to say anything in reply. However, he did finish off my telling me that I need a B2 visa from now on. He then finally gave me the opportunity to ask a question. I explained that we had to postpone our original wedding, as, OH was getting his green card and that since my boy and I would still be in the UK, would be denied entry to US as a spouse of green card holder. I explained that we obtained immigration lawyer advice about this, where upon the Custom's guys, informed me that, 'immigration lawyers and judges know nothing' and that, he and his associates are the ones who have the power to deny me entry. And...finally....he says, 'lady I'm giving you free advice here, and I like you, and I'm trying to be nice...get a B2visa if you want to keep coming here!'.
So there you have it, folks...and honestly (cause I'm a very big scardy cat!!) I NEVER once thought that I was taking advantage of the VWP or doing anything I ought not to, otherwise I wouldn't have used the VWP.
From what he said, it was not the duration of my trips but the issue of the 3-4 x year frequency of them. I felt completely drained and so humiliated and upset at the time, and now, I just feel angry at myself for taking advantage of the visa, albeit, unwittingly!!
So now, I don't even know if the B2 visa will work for me i.e. small frequent trips, 3-4 times per year!!

yc2m

DeanUK2US

This is a prime example of the VWP not being a right to enter the US. Good luck with your B2 application.

bjohn

............ and what's the reason for applying for a B2?

yc2m

..not too sure about that Bjohn....I've had a look at the B2 criteria online, and I'm thinking it may be as a tourist. Don't know what to do, as, if what the customs and POE guys says is accurate, then, I don't want to seek further advice from an immigration lawyer, if there is a possibility of inaccurate information being dispensed.

Any suggestions are appreciated

MsElui

the poe guy was absolutlely right - in that he and his colleagues are the ones making the determination that count.

But for what its worth - I dont think you were abusing the vwp from what you describe. However - your file is probably noted as such and unless you want an awful lot of hassle/explaining and potential denial - looks like your going to have to get a visa.

yc2m

Thanks for that, and yes, I will certainly be looking to get the B2 visa. Like I said previously, NO WAY would I have been using the WVP if I thought it wasn't the correct visa to use!

Can someone shed some light on the B2 visa....the guys at POE and customs said you can stay in the US for up to 6 months. However, that won't be happening with me. I am a full time student and also work part time, so any study leave and annual leave I have is used throughout the year on multiple trips. Having a look through my passport, I stay in the US for approximately 7 weeks per year. So would the B2 work on multiple trips as long as the visits don't add up to more that 6 months, or, is it that you can only use the visa once during the year??
thanks for the advice

bjohn

I thought if you are eligible for VWP then you have to have a reason like a criminal conviction, refused entry, etc to apply for a B2. Not sure that "I enter the US too much" will be sufficient.

Elvira

If I were you, I would *not* apply for a B2 visa. It is rarely granted to people who are eligible to use the VWP.

We have had people here before who were told by an IO at the POE to get a B2 because they were visiting too much - only to have their application rejected by the Consulate.

If I were you I would stay out of the US for quite a while - several months I'd say - and then return on the VWP. Presumably you carry plenty of ties to where you are living now (Australia?)............ but only show these if asked.

I think you were just unlucky in that you encountered one of those vile officers.

(btw, what do you say when asked about the purpose of your visit?)

Ray

She will apply cos the POE told her she should ...

If she is succesful ..problem sorted .. I doubt it is that uncommon ..

lisa67

several friends of mine, who's partners work over here on short term contracts have B2 visas so they are able to come and go several times a year. one of them was in a similar situation to the OP and was told at POE to apply for a B2 when she tried to come in on the VWP for only her second visit!
Suggest you apply for a visa asap..."should" be plain sailing !

yc2m

I have never had any convictions or been refused entry (although I came close yesterday, i think!).

In a nutshell, I thought I was using the correct visa, and yesterday's incident has really confused me. From what I've read on here and elsewhere, I thought that when using the VWP, you should, at a very minimum, spend as much time OUT of the US as you do IN the US. I more that do that, and have Never overstayed. All I want to do is spend some time with my OH. As far as I'm concered, we both took all the appropriate advice and actions to ensure that my visits to the US where always undertaken lawfully.

Ray

As Mr F say ..don't fight city Hall ...

Elvira

Yes, Ray - but what about all those reports we've seen here of people who were told by an officer at the POE to apply for a B2........... only to be refused by the Consulate because they are eligible to use the VWP?

If it were me I would not apply for a B2 without seeking legal advice from a lawyer who is familiar with the 'thinking' of the local Consulate.

bjohn

Thank you - that was my thought

yc2m

Thanks lisa67, that is so encouraging!
I'm shocked that I wasn't advised about this previously. As i mentioned, we took advice from immigration lawyer, and also, each and everytime i come to the states, the guys at POE always ask about the visit. I always tell them that I'm coming to visit my OH and they seem fine with the fact that I have sufficient ties at home, i.e. family, work, full time student and house.
Do you happen to know how your friends have got on with the B2; any problems?