lil' pixie

Hi all... I have a question or two.

Me and my husband are going to America in 2 days. I am a USC and he is a BC. We are going over to visit family for 12 weeks (a total of 84 days) and also to see a bit of the west.

Now we are starting to get a bit worried about going thru immigration. Here are some questions we could use answering or opinions:

1) Is immigration going to hassle my husband because he is going over there on the visa waiver and staying 12 weeks?

2) My husband works for himself as a programmer, will this be a problem?

3) We gave up our rental to take this trip (could not afford to keep it for 3 months while we are gone), will this look suspicious to immigration?

4) We are gonna stay with his parents when we come back, will this look suspicious to immigration?

I really need opinions or some advice. It has taken us nearly 2 years to save for this trip and we are both looking forward to it. The reason we are going fo 12 weeks is because its been so long since I have seen my family and my husband has not really had the chance to meet them properly and we would also like to see a bit of the western side of America since neither one of us has been there before.

Our reasons for going over are true and in no way do we want try and pull a fast one. One reason being, we are happy in the UK, two being, I apply for my citizenship in July, why would I want to leave right before I apply and ruin my chances of being a UKC.

I know people are probably saying, if your reasons for going are true then you should not be nervous but immigration is what makes people nervous, they automatically assume you intend on staying, therefore they ask you 50 million questions, thats what makes you nervous!!!

Anyways thank you all in advance for any advice and opinions.
lil' pixie

Pulaski

Unfortunately it depends on the immigration officer who receives you at the immigration desk. They may not ask any awkward questions, or they may give you a hard time.

1) Not really a problem, a visa waiver is designed to be good for 90 days

2) Not really a problem unless the immigration officer starts asking awkward questions. Does your husband have any contracts/ assignments lined up for when he returns? If so, take documentation with you to show if asked (do not bring the subject up unless asked!).

3) If the questioning goes that way then not owning a home, or having an on-going rental lease, will certainly arouse suspicion. Sorry.

4) Not really relevant, but if that is all that you have to return to then you really should try to identify a more substantial, provable, reason that you will return to the UK at the end of your visit. Unfortunately for you, the two classic pieces of evidence are continued employment and a current rental lease or mortgage contract.

With just two days to go you may just have to wing it, and hope for the best. Of course the fact that you are a USC is something of an aggravating factor for the prospect of your husband being allowed in to the US on a visa waiver.

Bob

He might not have an employer, but what about you? If your working, that would do the trick too.....other things to bring, any loan payments, or continous bills to show that you have ties back to the UK will help out a little.

rincewind

Take anything with you that proves ties to the UK. Credit Card statements, bank statements, and return flight tickets if you have a return flight booked.

If you don't already have the return flight booked, that could look bad too.

The key thing is to be able to prove to the officer that you intend to fly back to the UK.

Does your husband have any clients that can write a letter to state that he will be working under contract for them when he returns? That could help.

Try to look at it from the agents point of view:

1) Your husband is not in full time employment with a company

2) You gave up your rental home for the trip (sounds very suspicious)

3) No home to return to and staying with husbands parents when you get back (again, sounds suspicious).

Agreed with the other posts here, the VWP is not a problem as it's good for 90 days. It's the ties to the UK that are the issue.

You say you are going for UK citizenship in July, do you have any proof of that? If so, take it with you.

Best of luck.

superpat

One suggestion (this is not intended as legal advice, no warranty express or implied, your mileage may vary) - go through immigration separately. You go through as a USC visiting her family. He goes through as a UKC taking a long holiday to see friends. You'll go through separate lines, see different immigration officers...

Much less suspicious than a couple travelling together.

Best of luck,

Pat

lifeisgreat

If you choose to go this route (or even if you go together) make sure you have your itinerary with hotels and addresses of where you will be staying, including your familys'--they do seem to ask for this info if they are suspicious of anything.

dbark

I agree with other replies, the lack of evidence showing ties to the UK does look suspicious. However let me give you a little anecdote.

My 18-year old daughter (who lives in the UK) came to stay with us in the US last September. I had bought her a return ticket, no problem there, but she was staying for 3 months (actually 88 days.) From what I read in this and the other forums, she would most likely be turned back by the immigration officer, reasons being no ties either for studying - she had recently left school - or work - she had no job lined up - and also no rent/lease agreement. Plus she was coming to visit me, her mum, sister and stepdad for three months. People said it was the ideal recipe for disaster, that it would appear to immigration like she was likely to stay in the US.

Not wanting to worry her any, I didn't tell her any of this. So what happened at immigration? She sailed through! She told them she was visiting her mum, sister & stepdad for three months then going back to the UK to live with her dad and look for a job. She did have to show them her return ticket. Fine! Like others have said, it can depend on which officer questions you. Try to be as 'normal' as possible. I knew that if I armed my daughter with the worries and ten possible answers to questions, she would have been flustered. As it was, she had no intention of staying in the US, and was confident and honest in her answers. I think these guys are trained to spot lies. That just makes them suspicious.

Good luck.

erkydooks

I just got into the US Nov On a green card but have been with my usc wife for 8 years, living in the UK. We regularly visited the US to visit her family and I had no problems with entry using the VWP. We had to go into separate queues at the airport; and the official asked me the purpose of my visit but always was allowed straight through.

Bob

yeah, but this case, it's a 3 month holiday, and they don't have strong ties to the UK....that's the big issue here....but it all depends on POE...from personal experience, avoid logon, Boston...

Lesley1020

I would also agree with it depending on the officer. When I went home at New Year, I had kept my DS2019 in my hand luggage and perfume spilled in my bag and literally, 3 of the 4 signatures disappeared (I guess the remaining one must have been a fountain pen!) and all that was left was a block of ink at the bottom. Long story short, I called CIEE and they said no way they could get me a new one in time for returning and they faxed me a letter saying what had happened and an emergency number to contact if there was trouble at POE. The lady there about had a heart attack when I told her POE would be Newark (not sure why, I havent heard any bad stories about them). Of course by the time I got there I was a nervous wreck, and gabbled the whole story to the stone faced officer who just looked at me like I was a lunatic and stamped my form without even reading the whole letter!!!

CIEE were amazed when they heard I had so little trouble, and just put it down to a more lenient officer.....

Ultimately, although its easier said than done, just try and stay calm and show the documents that you have with you to prove any ties to the UK... Re the separate line thing, dont you have to go through the channel for citizens and your husband for visitors, so you would be going through separate lines anyway?

Good luck with it all, I am sure you will be fine! I think nine times out of ten we worry too much about it, and you konw you are not trying to deceive anyone so you can be totally honest in your answers.