Narrative:

Approximately 95 miles from ZZZ1; I queried ZZZ1 radio for a current weather observation for our approach into the airport. Initially; which is very common; the weather report was hardly readable due to convective weather activity in the area and its effect on VHF frequencies. As we approached closer the ZZZ1 weather observer notified us of moderate rain moving onto the airfield reducing visibility. I asked about visibility and she reported visibility west of the airfield at 3 miles and east of the airfield at 2 miles. I reminded her that we were planning on shooting the approach from the west. As we were approaching [waypoint]; which is 11.8 miles out I queried again about the visibility and was told by the weather observer that visibility is now 1.5 miles. This reported visibility was below minimums (2.75 miles) and we were nearing our bingo fuel so I made the decision to go around and divert to ZZZ2. While climbing out; I reported on ZZZ1 radio that we were executing a missed approach and proceeding to our alternate; ZZZ2. At that time the weather observer asked us why and I told her the weather was below minimums and she immediately said visibility was now 5 miles. I couldn't see the airport and we were within 3 miles. Since I was committed and rapidly approaching bingo fuel; plus we couldn't see the airfield due to the moderate to heavy rain showers although we were at about 3-5 miles north of the airfield; I told her it was too late and we were proceeding to ZZZ2. From our perspective during the go around; the rain shower still had about 2/3rds of it south of the airfield moving north. During the go around and divert while trying to communicate to sfo radio on HF; we climbed up and into the class a airspace to conserve fuel and allow us to make our alternate safely. Because it took what seemed an inordinate amount of time to get our clearance via commercial radio; (commercial radio did not understand we were proceeding to our alternate while we climbed out during go around) we were finally able to convey our intentions and it was finally understood as we were climbing through FL270. Commercial radio reported this to center and we were told to call center for a pilot deviation report. Upon arrival in ZZZ2; I made the call was admonished for being in controlled airspace without a clearance. I insisted had I not flown immediately to altitude or otherwise held at or below fl 055 I would have not had the fuel to make ZZZ2. He seemed to understand and assured me no report would be filed; but asked that I coordinate before flying above FL055 so I don't fly into another's altitude or airspace. I asked the oakland center representative if it would be better if I declared an emergency and he hemmed and hawed and said he couldn't comment on that. Next time I have to divert from below class a airspace into class a airspace to safely and prudently proceed to my alternate/divert airport; I will declare an emergency.

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Original NASA ASRS Text

Title: Air carrier flight crew diverted to an alternate upon reaching bingo fuel because the destination airport visibility was reported below minimums. The crew experienced communication difficulties and eventually climbed into Class A airspace without ATC clearance for fuel conservation purposes.

Narrative: Approximately 95 miles from ZZZ1; I queried ZZZ1 Radio for a current weather observation for our approach into the airport. Initially; which is very common; the weather report was hardly readable due to convective weather activity in the area and its effect on VHF frequencies. As we approached closer the ZZZ1 weather observer notified us of moderate rain moving onto the airfield reducing visibility. I asked about visibility and she reported visibility west of the airfield at 3 miles and east of the airfield at 2 miles. I reminded her that we were planning on shooting the approach from the west. As we were approaching [waypoint]; which is 11.8 miles out I queried again about the visibility and was told by the weather observer that visibility is now 1.5 miles. This reported visibility was below minimums (2.75 miles) and we were nearing our bingo fuel so I made the decision to go around and divert to ZZZ2. While climbing out; I reported on ZZZ1 Radio that we were executing a missed approach and proceeding to our alternate; ZZZ2. At that time the weather observer asked us why and I told her the weather was below minimums and she immediately said visibility was now 5 miles. I couldn't see the airport and we were within 3 miles. Since I was committed and rapidly approaching bingo fuel; plus we couldn't see the airfield due to the moderate to heavy rain showers although we were at about 3-5 miles north of the airfield; I told her it was too late and we were proceeding to ZZZ2. From our perspective during the Go Around; the rain shower still had about 2/3rds of it south of the airfield moving north. During the Go Around and divert while trying to communicate to SFO radio on HF; we climbed up and into the Class A airspace to conserve fuel and allow us to make our alternate safely. Because it took what seemed an inordinate amount of time to get our clearance via Commercial Radio; (Commercial Radio did not understand we were proceeding to our alternate while we climbed out during go around) we were finally able to convey our intentions and it was finally understood as we were climbing through FL270. Commercial Radio reported this to Center and we were told to call Center for a pilot deviation report. Upon arrival in ZZZ2; I made the call was admonished for being in controlled airspace without a clearance. I insisted had I not flown immediately to altitude or otherwise held at or below FL 055 I would have not had the fuel to make ZZZ2. He seemed to understand and assured me no report would be filed; but asked that I coordinate before flying above FL055 so I don't fly into another's altitude or airspace. I asked the Oakland center representative if it would be better if I declared an emergency and he hemmed and hawed and said he couldn't comment on that. Next time I have to divert from below Class A airspace into Class A airspace to safely and prudently proceed to my alternate/divert airport; I will declare an emergency.

Data retrieved from NASA's ASRS site and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.