British Expatriate Network

I am in the UK and currently applying for a green card based on a nursing job, and I expect the visa approval soon. Thing is, I am in a relationship with an American, and visit pretty much every month on a visa waiver. I only stay 1-2 weeks and never overstay and always intend to return to wait for my green card to come through but I am worried in case immigration start to get suspicious as to why I am visiting so frequently. I have a good job, own a house and have no criminal record and I am willing to be honest about my pending green card application, but if they start to question why I am visiting so often will I have to tell them I am in this relationship and if I don't can it go against me if they find out? I am not basing my green card on my relationship, I am basing it on a legitimate job and qualification, but I feel so damn guilty visiting so often and I don't know why! If for whatever reason they refuse me entry can this affect my green card application?

Hi rockgurl!

Yes - you should be a bit careful. Of course you are doing everything the right way and it is all above board so there shouldn't be a problem, but at some point someone at immigration is going to question you.

I visited hubby-to-be twice in four months - on the second visit I was detained for 45 minutes at the airport while they asked me about who I was visiting and why. This was in Minneapolis/St Paul and maybe it was more noticeable since not many people go there for a pleasure trip in the winter razz Of course They especially wanted to know if we were engaged or thinking of getting married (I said no) and they let me in when I shoed my return ticket and convinced them that I had a job and a house back in England.

Your best bet is to be honest but don't take any chances on the engagement issue. Don't volunteer information - just answer their questions.

Good luck with it all though smile

Thanks a lot...that's helpful. I think that's the right thing to do...answer questions truthfully but don't volunteer information. You say you went twice in 4 months and they got suspicious, but I've been almost every month for 2 years and so far no-one has raised an eyebrow! eek I just know it's coming at some point and I'm nervous even though I'm not doing anything wrong.

Don't take this as advice - get more official info to be sure, but this is how I see the situation.

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[*] Travelling to the US during the petition phase is not generally thought to be a good idea. There's no specific law against it, but it can make FBI and similar background checks tricky - they have to start the searches from scratch if there's a new entry sort of thing. This could seriously delay the time it takes to get your petition approved.

[*] There's the issue of "immigrant intent". You can't use enter the US on a visa waiver with immigrant intent, although the act of being petitioned and applying for a visa proves that you do have immigrant intent some time in the near future. If you are questioned, you need to prove that you do not have immigrant intent for this visit and provide evidence such as a return air ticket, letter from your employer expecting you back on such-and-such a date, lease/deed of your house etc.

[*] If they do not admit you to the US, you have to leave voluntarily for it to have minimal effect on your immigrant visa. Do not force them to reject or deport you. If you go voluntarily, then you haven't been refused entry so won't have to check that box on the visa application.

[*] It's unlikely that you would face any problems at the visa stage. Mostly these are for lack of financial security and medical issues. The visa folks want to issue your visa - they won't be looking for very much trouble. Whatever you do, don't lie to them, as this would give them grounds to deny your visa.

[*] I don't think visiting the same friend in the US is an issue. They really don't regulate this! However, just as a matter of principle, whenever you are questioned about anything, just answer the question asked - don't elaborate and don't volunteer info that's not asked for.

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Thank you for your honest reply. I think I am going to have to stop going but it breaks my heart to think I won't be able to see my partner possibly until I get my green card, and we don't know when that is. My partner doesn't get much time off work so I don't think we can get together over here. I suppose I will have to just deal with it and hope for the best. How depressing. I already have a ticket for next week but I won't book any more after that.

According to the information I received, I will have to declare on my packet 3 forms, the ones I take to the embassy, how many times I have been to the US. As I have been so many times, will this prove a problem? I have never overstayed so surely they can't hold this against me? In the last 3 to 4 years I have been over 12 times, usually for about 2 weeks at a time.

Tearing my hair out here! Don't think I can take too much more of this...just want it to be over.

Hello Rockgurl,

I was in a similar situation, waiting for a greencard application and was away from my spouse for six months or so.

I called the US embassy and asked if there was anything I could do. I travelled on a B1 visa (you have to get one from the US embassy in London) and was told at the B1 visa interview that they could not guarantee entry into the United States but told me to bring all kinds of "proof" that I would be returning.

I got a letter from my employer stating that I was on two weeks vacation, the details of our lease, obviously the return ticket etc. I also took only the very necessary items for a two week trip, only about 5 changes of clothes. They did let me in to visit my husband but gave me some flack and gratuitous advice about getting my act together with regards to my greencard application. As anyone who has been through the greencard process knows, it was the INS holding up my greencard application and certainly not me.

This was back in 1998 and I'm not sure if the rules have changed any.

Best of luck.

It should not be a problem because you clearly haven't been living in the US. And it shows that you obviously like the US. You have spent more time outside the US than in it and clearly your source of income is very definitely outside the US (it's not as if you are teleworking for a UK company or anything vague like that).

The issue is really when someone stays in the US for the full length of the visa waiver, leaves for a few days and repeats the process.

Anyway, this is all academic - whether it will be a problem or not, you still have to list all of your visits. If you are unsure about the dates of any of them, do your best to come up with an estimate.

Thank you Dianey, I think I will ask my boss to write me a letter. I thought that if I had gone to the trouble of getting a letter like that then it would make immigration even more suspicious! I mean it would look like you were expecting trouble. What is a B1 visa? I'm not familiar with it. I enter on a visa waiver each time.

Ameriscot, thanks for that...you're right I shouldn't have a problem because I haven't broken any rules. I think I've been really naive actually, because it's only just occurred to be that this could be a problem and i've been travelling without any proof at all! Yikes! eek

Just letting you all know that I called the States tonight and got some legal advice. I have been advised that it is fine to travel while awaiting my green card. I have already asked my boss to write a letter stating when I am expected back to work.

No, it's not against the law to travel while waiting for a visa, but you do have to keep in mind that you have to satisfy the immigration inspector at the airport. If he decides to get on your case, he will be looking for immigrant intent, so it's very wise to have proof that you don't have immigrant intent for that trip (the burden of proof is on *you* - not your typical juris prudence of innocent till proven guilty). A letter from your employer should fit the bill, along with a return air ticket.

When I was waiting for my visa, the attorneys strongly advised me not to visit the US. In my case, I didn't work and I would have gone with all my children so didn't have family ties keeping me in the UK. It truly would have been difficult to prove that I had every intention to return to the UK. Immigration attorneys, however, do tend to be very conservative in their advice - they'll go for the *no risk* option (ie to not travel to the US) every time.

Anyway, forewarned is forearmed. If you decide to travel to the US again, you won't be doing anything illegal - but this isn't necessarily enough to get you admitted. Be prepared to show evidence that you *will* return to the UK.

Thankyou! I will heed your advice and travel with the necessary evidence. Cheers!

Please keep posting on here, especially once you come over, we always like to have new people!

smile

Thank you...I will! I'm really appreciative of all the advice I've had on here, and I am so glad I found this board, as until then I've been struggling to find information. There's nothing quite like information from people who have been there.