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entering US on visa waiver

entering US on visa waiver

Old Jan 18th 2002, 11:59 pm
  #1  
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hi everyone, I am travelling from the UK to visit my US fiancee in april/may. We will be filing the 129f at the end of january. The US consulate here tells me to carry 'solid' documentation to prove I need to return. My question is, what have people found does work and what doesn't work in this respect. I have a mortgage of course, but am self employed so I would not have an employer to come back to. Would a letter prepared by a solicitor carry any weight? When you get to thinking about this, is is not so obvious just what does prove that you need to return! Any experiences are gratefully received. I hate the thought of being turned back after an 8 hour flight... and worse.... not seeing my lovely lady.
Thanks , Graham/Jan
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Old Jan 19th 2002, 5:20 pm
  #2  
Tim
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I am also in the same situation... filing in January...she is visitng from
London in May.

Tim

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Old Jan 19th 2002, 5:35 pm
  #3  
Denis Barlow
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I took the lease for my flat but never needed it as I wasn't asked.

Denis

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[usenetquote2]> > hi everyone, I am travelling from the UK to visit my US fiancee in april/may. We[/usenetquote2]
[usenetquote2]> > will be filing the 129f at the end of january. The US consulate here tells me to[/usenetquote2]
[usenetquote2]> > carry 'solid' documentation to prove I need to return. My question is, what have[/usenetquote2]
[usenetquote2]> > people found does work and what doesn't work in this respect. I have a mortgage[/usenetquote2]
[usenetquote2]> > of course, but am self employed so I would not have an employer to come back to.[/usenetquote2]
[usenetquote2]> > Would a letter prepared by a solicitor carry any weight? When you get to thinking[/usenetquote2]
[usenetquote2]> > about this, is is not so obvious just what does prove that you need to return![/usenetquote2]
[usenetquote2]> > Any experiences are gratefully received. I hate the thought of being turned back[/usenetquote2]
[usenetquote2]> > after an 8 hour flight... and worse.... not seeing my lovely lady. Thanks ,[/usenetquote2]
[usenetquote2]> > Graham/Jan[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > --[/usenetquote2]

[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
 
Old Jan 19th 2002, 6:03 pm
  #4  
Onigiri
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Posts: n/a
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Check out Barlow's post in this chain. The key to a happy conclusion to your travel
is your own behavior. Not volunteering information always helps. If you begin tossing
UK leases and Solicitor's testimonials at the immigration-wallah, you make your own
life miserable. Bring them along and keep them hidden and handy. Give the INS person
your passport and inserted within it, unfolded and filled VW-form, customs form and
your ticket. Your ticket is a very important item. And smile. When asked how long you
plan to stay, express your length of stay in days or weeks, whichever is shorter. As
in 3 weeks rather than 21 days. Make sure that what you say jives with the date on
your return ticket. If you are planning to stay for 3 months, consider getting a
round trip ticket for 3 weeks and then after entry into the US, contacting the
airlines and changing the return leg to your convenient date. Be confident and offer
only the information asked for.

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Old Jan 19th 2002, 11:09 pm
  #5  
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Thanks all so far... I agree with you Onigiri about not volunteering information. I did ask the (Scottish) lady at the US consulate in London why an immigration officer might treat me any different from in November, i.e. before we filed the 129F. She said that if they happen to scan my passport it would bring up the fact of my application for K1 in their data base. I guess that is the time to offer the documents then.... but still.... what documents? As I said, I have a mortgage in my name, I guess my business bank details would add weight, direct debits etc.? What have others had to show, and found successful please?
Graham/Jan
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Old Jan 20th 2002, 12:43 am
  #6  
Debbie Barfield
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You don't offer anything unless you are asked. My fiance just came from the UK 3
weeks ago. In his carry on, he had a stack of papers, normal household bills, and the
"fiance stuff" to show that we were going about it correctly.

They never asked him anything beyond the normal questions they had asked in the past.
Four days later our I129-F was approved.
 
Old Jan 20th 2002, 12:53 am
  #7  
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Originally posted by grajan
Thanks all so far... I agree with you Onigiri about not volunteering information. I did ask the (Scottish) lady at the US consulate in London why an immigration officer might treat me any different from in November, i.e. before we filed the 129F. She said that if they happen to scan my passport it would bring up the fact of my application for K1 in their data base. I guess that is the time to offer the documents then.... but still.... what documents? As I said, I have a mortgage in my name, I guess my business bank details would add weight, direct debits etc.? What have others had to show, and found successful please?
Graham/Jan
I used to take contact details for my employers, and a letter on their headed paper - maybe you could take a work schedule/ diary, and references from clients for who you have outstanding contract obligations?
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Old Jan 21st 2002, 2:30 pm
  #8  
Claire Keller
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This does not technically work. Agreed that you should keep mouth shut and not offer
info unless asked. BUT - and here is the big but...they stamp you immigration form
(the green one you get on the plane) with a date. So if you say...3 weeks but indent
to change your date when you get here to your ticket...the date for 3 weeks is
stamped on the form. Best to say 3 months and honestly...overstay. Once married they
cannot deport your spouse. I think just best to be honest no matter what but for sure
do not offer info unless asked. They will ask you about employment and why staying so
long in the US. they will ask how your employer feels about you being gone from you
job so long. What we learned was to be honest...keep all documentation...and be one
of the first in the immigration line....We are waiting now to get married and move
forward...Best of luck to all.

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and
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date.
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[usenetquote2]> > hi everyone, I am travelling from the UK to visit my US fiancee in april/may. We[/usenetquote2]
[usenetquote2]> > will be filing the 129f at the end of january. The US consulate here tells me to[/usenetquote2]
[usenetquote2]> > carry 'solid' documentation to prove I need to return. My question is, what have[/usenetquote2]
[usenetquote2]> > people found does work and what doesn't work in this respect. I have a mortgage[/usenetquote2]
[usenetquote2]> > of course, but am self employed so I would not have an employer to come back to.[/usenetquote2]
[usenetquote2]> > Would a letter prepared by a solicitor carry any weight? When you get to thinking[/usenetquote2]
[usenetquote2]> > about this, is is not so obvious just what does prove that you need to return![/usenetquote2]
[usenetquote2]> > Any experiences are gratefully received. I hate the thought of being turned back[/usenetquote2]
[usenetquote2]> > after an 8 hour flight... and worse.... not seeing my lovely lady. Thanks ,[/usenetquote2]
[usenetquote2]> > Graham/Jan[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > --[/usenetquote2]

[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
 
Old Jan 21st 2002, 6:10 pm
  #9  
Forum Regular
Thread Starter
 
Joined: Jan 2002
Posts: 57
grajan is an unknown quantity at this point
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Thank you greatly... I think you have given us me the confidence to go ahead with my visit to the US in April (post I129F).
Documents to hand... but out of site. So it's Mortgage book, household bills, bank statements, K1 info, add anything else to my list?
Graham
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Old Jan 21st 2002, 6:28 pm
  #10  
Andy Platt
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Prior to getting my H-1B I entered on the visa waiver program five times. I was never
given the departure date I stated, I was always given the full 90 days. Additionally
whenever I've come through a POE the inspectors have three stamps - one for 90 days
(visa waiver), one for six months (tourist visa, Canadians) and one without a date
(for write-ins). From what I've seen they don't want to have to write in the date
unless they can avoid it (like with my H-1B for instance), they just pick up the
relevant stamp, stamp the passport, the I-94 in a couple of places and the customs
form and away you go.

Obviously individual experience can differ ... that's just what I've happened to see
on a lot of entries to the US.

Andy.

--
I'm not really here - it's just your warped imagination.

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[usenetquote2]> > Check out Barlow's post in this chain. The key to a happy conclusion to your[/usenetquote2]
[usenetquote2]> > travel is your own behavior. Not volunteering information always helps. If you[/usenetquote2]
[usenetquote2]> > begin tossing UK leases and Solicitor's testimonials at[/usenetquote2]
the
[usenetquote2]> > immigration-wallah, you make your own life miserable. Bring them along[/usenetquote2]
    >
[usenetquote2]> > keep them hidden and handy. Give the INS person your passport and inserted within[/usenetquote2]
[usenetquote2]> > it, unfolded[/usenetquote2]
and
[usenetquote2]> > filled VW-form, customs form and your ticket. Your ticket is a very important[/usenetquote2]
[usenetquote2]> > item. And smile. When asked how long you plan to stay,[/usenetquote2]
express
[usenetquote2]> > your length of stay in days or weeks, whichever is shorter. As in 3[/usenetquote2]
weeks
[usenetquote2]> > rather than 21 days. Make sure that what you say jives with the date on your[/usenetquote2]
[usenetquote2]> > return ticket. If you are planning to stay for 3 months,[/usenetquote2]
consider
[usenetquote2]> > getting a round trip ticket for 3 weeks and then after entry into the[/usenetquote2]
US,
[usenetquote2]> > contacting the airlines and changing the return leg to your convenient[/usenetquote2]
    >
[usenetquote2]> > Be confident and offer only the information asked for.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]

[usenetquote2]> > > hi everyone, I am travelling from the UK to visit my US fiancee in april/may.[/usenetquote2]
[usenetquote2]> > > We will be filing the 129f at the end of january. The US consulate here tells[/usenetquote2]
[usenetquote2]> > > me to carry 'solid' documentation to prove I need to return. My question is,[/usenetquote2]
[usenetquote2]> > > what have people found does work and what doesn't work in this respect. I have[/usenetquote2]
[usenetquote2]> > > a mortgage of course, but am self employed so I would not have an employer to[/usenetquote2]
[usenetquote2]> > > come back to. Would a[/usenetquote2]
letter
[usenetquote2]> > > prepared by a solicitor carry any weight? When you get to thinking[/usenetquote2]
about
[usenetquote2]> > > this, is is not so obvious just what does prove that you need to[/usenetquote2]
return!
[usenetquote2]> > > Any experiences are gratefully received. I hate the thought of being turned[/usenetquote2]
[usenetquote2]> > > back after an 8 hour flight... and worse.... not seeing my[/usenetquote2]
lovely
[usenetquote2]> > > lady. Thanks , Graham/Jan[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > > --[/usenetquote2]

[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
 
Old Jan 21st 2002, 9:49 pm
  #11  
Alvena Ferreira
Guest
 
Posts: n/a
Default

Claire Keller wrote:
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Do be aware, that when one enters on a visa waiver, one waives ALL RIGHTS to any kind
of court proceedings to contest any finding of the INS. That is, if you fail the
interview for AOS, they can deport the spouse immediately. No one should think that
they cannot deport a spouse who is married to a US citizen, that simply is not true.
Read the I-94W and take what it says to heart. Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
 
Old Jan 22nd 2002, 12:40 am
  #12  
Galwaybay
Guest
 
Posts: n/a
Default

I totally agree with Andy ,,, I have visited Chicago in a similar way many times and
I always have been stamped here for 90 days no matter when I say I am going back. I
also find that the 90 days appears now to be a standard stamp in time.

Galwaybay



"Andy Platt" <[email protected]>
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[usenetquote2]> > This does not technically work. Agreed that you should keep mouth shut[/usenetquote2]
    >
[usenetquote2]> > not offer info unless asked. BUT - and here is the big but...they stamp[/usenetquote2]
    >
[usenetquote2]> > immigration form (the green one you get on the plane) with a date. So if you[/usenetquote2]
[usenetquote2]> > say...3 weeks but indent to change your date when you get here to your[/usenetquote2]
[usenetquote2]> > ticket...the date for 3 weeks is stamped on the form. Best to say 3[/usenetquote2]
    >
[usenetquote2]> > and honestly...overstay. Once married they cannot deport your spouse. I think[/usenetquote2]
[usenetquote2]> > just best to be honest no matter what but for sure do not offer info unless[/usenetquote2]
[usenetquote2]> > asked. They will ask you about employment and why staying so long[/usenetquote2]
    >
[usenetquote2]> > the US. they will ask how your employer feels about you being gone from[/usenetquote2]
    >
[usenetquote2]> > job so long. What we learned was to be honest...keep all documentation...and be[/usenetquote2]
[usenetquote2]> > one of the first in the immigration line....We are waiting now to get married and[/usenetquote2]
[usenetquote2]> > move forward...Best of luck to all.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]

[usenetquote2]> > > Check out Barlow's post in this chain. The key to a happy conclusion to your[/usenetquote2]
[usenetquote2]> > > travel is your own behavior. Not volunteering information always helps. If you[/usenetquote2]
[usenetquote2]> > > begin tossing UK leases and Solicitor's testimonials at[/usenetquote2]
    >
[usenetquote2]> > > immigration-wallah, you make your own life miserable. Bring them along[/usenetquote2]
    >
[usenetquote2]> > > keep them hidden and handy. Give the INS person your passport and inserted[/usenetquote2]
[usenetquote2]> > > within it, unfolded[/usenetquote2]
    >
[usenetquote2]> > > filled VW-form, customs form and your ticket. Your ticket is a very important[/usenetquote2]
[usenetquote2]> > > item. And smile. When asked how long you plan to stay,[/usenetquote2]
    >
[usenetquote2]> > > your length of stay in days or weeks, whichever is shorter. As in 3[/usenetquote2]
    >
[usenetquote2]> > > rather than 21 days. Make sure that what you say jives with the date on your[/usenetquote2]
[usenetquote2]> > > return ticket. If you are planning to stay for 3 months,[/usenetquote2]
    >
[usenetquote2]> > > getting a round trip ticket for 3 weeks and then after entry into the[/usenetquote2]
    >
[usenetquote2]> > > contacting the airlines and changing the return leg to your convenient[/usenetquote2]
    >
[usenetquote2]> > > Be confident and offer only the information asked for.[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]

[usenetquote2]> > > > hi everyone, I am travelling from the UK to visit my US fiancee in april/may.[/usenetquote2]
[usenetquote2]> > > > We will be filing the 129f at the end of january. The US consulate here tells[/usenetquote2]
[usenetquote2]> > > > me to carry 'solid' documentation to prove I need to return. My question is,[/usenetquote2]
[usenetquote2]> > > > what have people found does work and what doesn't work in this respect. I[/usenetquote2]
[usenetquote2]> > > > have a mortgage of course, but am self employed so I would not have an[/usenetquote2]
[usenetquote2]> > > > employer to come back to. Would a[/usenetquote2]
    >
[usenetquote2]> > > > prepared by a solicitor carry any weight? When you get to thinking[/usenetquote2]
    >
[usenetquote2]> > > > this, is is not so obvious just what does prove that you need to[/usenetquote2]
    >
[usenetquote2]> > > > Any experiences are gratefully received. I hate the thought of being turned[/usenetquote2]
[usenetquote2]> > > > back after an 8 hour flight... and worse.... not seeing my[/usenetquote2]
    >
[usenetquote2]> > > > lady. Thanks , Graham/Jan[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > > > --[/usenetquote2]

[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > > >[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> > >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
 
Old Jan 22nd 2002, 1:51 pm
  #13  
Galwaybay
Guest
 
Posts: n/a
Default

hI Alvena

I note what you say about Deportation ect BUT in reality does that ever happen? I
mean will the INS deprive their own US citizen of there spouse. This would be very
bad for their image and unfiar to the US taxpayer who they represent. Where a
marriage is Bona Fide at the Aos INterview date are you saying that it is common for
the spouse to be deported eg they they are unhappy about an over stay on a visa
waiver and a marriage in those circumstances?

Thanks ..... you are brillaint! love the site ,, It is sooo interesting. galwaybay

Alvena Ferreira <[email protected]>
    >
[usenetquote2]> > This does not technically work. Agreed that you should keep mouth shut and not[/usenetquote2]
[usenetquote2]> > offer info unless asked. BUT - and here is the big but...they stamp you[/usenetquote2]
[usenetquote2]> > immigration form (the green one you get on the plane) with a date. So if you[/usenetquote2]
[usenetquote2]> > say...3 weeks but indent to change your date when you get here to your[/usenetquote2]
[usenetquote2]> > ticket...the date for 3 weeks is stamped on the form. Best to say 3 months and[/usenetquote2]
[usenetquote2]> > honestly...overstay. Once married they cannot deport your spouse. I think just[/usenetquote2]
[usenetquote2]> > best to be honest no matter what but for sure do not offer info unless asked.[/usenetquote2]
[usenetquote2]> > They will ask you about employment and why staying so long in the US. they will[/usenetquote2]
[usenetquote2]> > ask how your employer feels about you being gone from you job so long. What we[/usenetquote2]
[usenetquote2]> > learned was to be honest...keep all documentation...and be one of the first in[/usenetquote2]
[usenetquote2]> > the immigration line....We are waiting now to get married and move forward...Best[/usenetquote2]
[usenetquote2]> > of luck to all.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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Old Jan 22nd 2002, 9:59 pm
  #14  
Alvena Ferreira
Guest
 
Posts: n/a
Default

galwaybay wrote:
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IF the foreign spouse had AIDS/HIV, or IF the foreign spouse had a criminal record
that was not waiverable (for instance, let's say he had a previous conviction 2 years
ago for heroin smuggling), then the chance that he would be deported would be very
great, barring one helluva super immigration attorney and some serious prayers,
copious animal sacrifices, and an act of God. The HIV would have a better chance than
that criminal record, by the way, but either would be poor.

One thing you need to understand about INS: they are not fair and are not concerned
with fairness in many situations. They administer the law to the letter usually,
which is their job. They have some leeway, per whichever adjucator you happen to get.
It takes just one adjucator having one big bad hair day, and they can make you
miserable for a lifetime. It is not common for a spouse to be deported, but to say
that it cannot happen would be a lie. Go over to the BIA (board of immigration
appeals) in the INS site and start reading about them. Alvena
-----------------------
Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
=========================================
I am not a lawyer and this is not immigration advice. This is my personal opinion,
posted for the purpose of discussion only. Locate an immigration attorney in your
area at: http://www.aila.org
=========================================
 
Old Jan 22nd 2002, 10:59 pm
  #15  
Forum Regular
Thread Starter
 
Joined: Jan 2002
Posts: 57
grajan is an unknown quantity at this point
Default

Coming back to my original question... having re-read the Doc Steen site re vias waiver visits..... I now have no confidence to risk it whatsoever, unfortunately.

Considering the possible penalties of being put in the position of having had an entry refused. That then having to be entered on the K1 forms here in the UK... very bad news. Now I'm amazed that anybody should risk it!

Graham
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