ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & Proceduresvisiting girlfriend, problems with customs


hey, i am new to this website but i have done a lot of reading on it and it seems like the most helpful website out there. i have a few questions. i met my girlfriend online a few years ago and then in the summer of 2005 i came to visit her on the VWP and i stayed for the 3 months that we are allowed, i then returned to the UK for 3 months and then came back for a month to visit her again. after that i was in the UK for 2 months and then came back for 6 weeks to surprise her on her birthday, however i got serious questions the last time i i tried to get past the customs man at chicago. he gave me a real hard time, he asked me how much money i had, what kind of job i had in the Uk and my reasons for visiting and what i`ll be doing the whole time. this lasted for about 10 minutes of me just standing there talking to him. it scared the ####### out of me. i understand now that i was entering too much, i just naively thought that if i didn`t overstay the 90 days then i`m not doing anything wrong. my question now is though, how long should i leave it before i try and come back? i know that a lot of you have reported trouble at the customs when trying to visit your boyfriends or girlfriends. we plan to file for the K1 visa next year and are trying to worko ut how to see eachother at least a couple of times a year without me being turned away and sent back to the UK. so can anyone give me any advice? any similar experiences? i`m thinking that i won`t be coming back for about 6 months, will this be sufficient? if i come back in like 6 months and only stay for about 4 weeks? or do you think that this could still be a big problem? i am so confused by it all!!
any help or advice at all would eb so hugely appreciated.
thank you, i hope to hear from you all
Paul


Hi Paul

I travel to Cleveland from the UK via Chicago every 3 months to see my boyfriend, I stay anything from one to 3weeks at a time. I never yet had any problems with immigration at chicago in fact I like going though Chicago because I think the immigration people there are the best. They usually ask me what my job is, who I am going to see - I tell them my Boyfriend, they then just say ok and off I go.


Everbodys personal experiance vary, I have sen posts from those who effectively lived here on a Visitors Visa and those who got bounced first or second time.

You never know, helps to be prepared.

PS I also travelled whilst K was being processed without issues.
BoilerMaleWales2006-04-05 14:00:00
K-1 Fiance(e) Visa Process & Proceduresvisiting girlfriend, problems with customs
Canada may be different.

But if denied entry, you can not use the VWP any longer.

I read it that he was just grilled.

But getting a B after a VWP denial is a very long shot.

Being denied a B does not prevent you using the VWP.
BoilerMaleWales2006-04-05 12:07:00
K-1 Fiance(e) Visa Process & Proceduresvisiting girlfriend, problems with customs

Why don´t you get her to come to UK the next time, and wait at least 6 months till you go to US again.


Ditto.

My wife did most of the travelling for a variety of reasons.

Nobody can give you an answer, you are in the system, so at least 6 months, longer the better. And probably best to make it a 2 week trip, Americans understand that better.

Also make sure that you have job/property/anything else that requires your return to the UK evidence.
BoilerMaleWales2006-04-05 11:51:00
K-1 Fiance(e) Visa Process & ProceduresB-2 Tourist visa MAX stay and which embassy for K1

I could be wrong, some one correct me if i am, but i thought the NON USC can not come into the US during the K1 process, that they can enter AFTER the approval.
If the fiances were able to come in the US on visitor visas WHILE the K1 was in process and sit it out, im not sure most of us would have been apart for a year or more.
even if some POE let you enter without checking if theres a K1 in process, though from what ive heard most check and denied entry.


Nothing to stop you trying to enter on a visitors visa, I did a 3 month stint myself whilst waiting.

I have no idea what the stats are, usually when this comes up most replies are from those who did without any big isue, with a few who had problems.

Whether you get quizzed and can satisfy the non immigrant intent at that time bit is another matter and down to individual circumstances.
BoilerMaleWales2006-04-11 14:47:00
K-1 Fiance(e) Visa Process & ProceduresB-2 Tourist visa MAX stay and which embassy for K1
You might want to look at the success rate of others in your situation obtaining a B2.

And then you stuill need to pass the POE hurdle.

The norm for a B2 is 10 years with 6 month entries. But that is just a norm.
BoilerMaleWales2006-04-11 09:52:00
K-1 Fiance(e) Visa Process & ProceduresB-2 Tourist visa MAX stay and which embassy for K1
http://www.usembassy...isa/niv/b2.html

London, if possible, must be a better bet than China.

But: http://www.usembassy...isa/niv/b2.html

Non Residents of the United Kingdom

Although we accept applications from anyone physically present in the United Kingdom, it is often difficult for applicants who are not permanent residents in the United Kingdom to demonstrate that they have sufficiently strong ties to a third country, as consular officers in London or Belfast have no way of verifying or evaluating information from other countries.

If you are a temporary resident of the United Kingdom, or are planning on traveling to the United Kingdom specifically to apply for a visa, you may wish to consider applying for a visa in your country of permanent residence where you will be best able to establish your qualifications for a visa.
BoilerMaleWales2006-04-10 20:27:00
K-1 Fiance(e) Visa Process & ProceduresK1 quick question
Ditto
BoilerMaleWales2006-05-04 16:57:00
K-1 Fiance(e) Visa Process & Proceduresmexican-permanet resident questions
1. As a LPR you can file for a spouse but you have a 5 year or so wait.

2. As a USC you can file for a spouse with no wait.

3. There are certain requirements to be met to maintain German Citizenship as well, whether you can depends on your circumstances.
BoilerMaleWales2006-05-07 11:47:00
K-1 Fiance(e) Visa Process & ProceduresQuestion regarding US Customs procedure
Just checked, looks like he needs to contact the Embassy, can not use the VWP, assuming his condition can be classified as a Mental Disorder:

http://www.cbp.gov/x...i94_samples.xml
BoilerMaleWales2006-05-09 00:11:00
K-1 Fiance(e) Visa Process & ProceduresQuestion regarding US Customs procedure
Your post is a trifle confusing but you are asking what issues he may have trying to enter the US on the VWP taking into account his lack of ties to the Netherlands, lack of Income and Medical Condition?

I doubt if the medical condition will be an issue.

I can see he might well have an issue showing non immigrant intent, how long does he intend visiting for?

He should bring everything he can to substantiate his need to return , just in case.

Edited by Boiler, 08 May 2006 - 11:57 PM.

BoilerMaleWales2006-05-08 23:56:00
K-1 Fiance(e) Visa Process & ProceduresNeed Help

I don't see how she can have an interview in Canada if she is in Canada illegally.


I know you can not in London, only way to be certain is to ask them.

Logic says no.
BoilerMaleWales2006-06-04 22:40:00
K-1 Fiance(e) Visa Process & ProceduresK-1 application


1. When you enter the US on the VWP you need a return ticket to leave it. I thought you would be buying a return ticket in the US and coming back to the US on it. You can buy a UK-USA-UK ticket from anywhere.

2. A basic requirement of any entry is that you have funds for your stay.

3. I mentioned my Brother, he works for the UK Subsidiary a US Parent so he is not working in the US for US Clients on his visit, he has in the past, I think he had a L Visa, not sure, long time ago.

4. Your work situation sounds much more likely to raise suspicion.

5. Having said that I have seen examples where I would have said no way will you get in, and they have. When it comes down to it is partly luck. You just need to be prepared in case you are not lucky.


Hi Boiler.

1. Buying a return ticket in the US was my original intention, that's why my UK return date is so rediculous. I wasn't sure if the immigration officer would like me entering without some proof of a return date.

2. Agreed.

5. That's what I figured, I wonder how much room you have for negotiation. I have nightmares of them saying go home and not listening to a word in defence.



You need a return ticket, if it is not transferrable it needs to match your travel plans.

Negotiation, no room at all. More an issue of being questioned and providing answers.

David
BoilerMaleWales2006-06-05 12:57:00
K-1 Fiance(e) Visa Process & ProceduresK-1 application
1. When you enter the US on the VWP you need a return ticket to leave it. I thought you would be buying a return ticket in the US and coming back to the US on it. You can buy a UK-USA-UK ticket from anywhere.

2. A basic requirement of any entry is that you have funds for your stay.

3. I mentioned my Brother, he works for the UK Subsidiary a US Parent so he is not working in the US for US Clients on his visit, he has in the past, I think he had a L Visa, not sure, long time ago.

4. Your work situation sounds much more likely to raise suspicion.

5. Having said that I have seen examples where I would have said no way will you get in, and they have. When it comes down to it is partly luck. You just need to be prepared in case you are not lucky.
BoilerMaleWales2006-06-05 12:27:00
K-1 Fiance(e) Visa Process & ProceduresK-1 application
You seem to be trying to make thing more complicated than they need to be so.

You can use the VWP to work in the US and to telecommute, my Brother is currently in Chicago on a 2 week business visit. Whether this applies to your circumstances is another issue.

But as has been said you can not live in the US on the VWP.

You are here for 90 days, you leave and come back a few days later.

1. You are required to have a return ticket to use the VWP, by the sound of it you do not. You can certainly buy a return ticket from the US, I did, but I did not come back on the VWP.

2. When they ask what you are doing and what is your employment, you say you will be teleworking from US for 90 days? I can only imagine the likely response.

3. Then you add a 'Ceremony' into the equation.

4. It would be much much easier just to wait out the K1 and take it from there. And follow through in the logical sequence.

Edited by Boiler, 05 June 2006 - 10:54 AM.

BoilerMaleWales2006-06-05 10:53:00
K-1 Fiance(e) Visa Process & ProceduresK1 for my fiance in Cuba?
Please consider reading the FAQ's and Guides before posting. :guides:
BoilerMaleWales2006-06-20 23:23:00
K-1 Fiance(e) Visa Process & ProceduresDUTCH FIANCE.. Does he have to come in on a K1 visa?
This should be a good one.

Where do you get the will/most likely from?
BoilerMaleWales2006-06-21 21:42:00
K-1 Fiance(e) Visa Process & ProceduresHelp with speeding up K1 Visa.
Unlikely to get a Visitors Visa in PI.
BoilerMaleWales2006-07-08 21:42:00
K-1 Fiance(e) Visa Process & Proceduresleaving the country
The real issue is her entry into Canada, I belive that Canadian Immigration will accept a GC Holder with a Chinese passsport, but does no harm to check.

Getting back into the US is the easy bit, just show Passport and GC.
BoilerMaleWales2006-07-10 00:41:00
K-1 Fiance(e) Visa Process & ProceduresKID UNDER K2 VISA: ONCE IN USA WITH K2, ALLOWED TO LEAVE USA AGAIN?
I would also suggest you get him a K2. His best bet if he wants to emmigrate to the US for some time.

You might also wish to consider the requirements for a F1 Student Visa, these include the need to demonstrate non-immigrant intent.

Swiss Citizens have access to the VWP.
BoilerMaleWales2006-07-15 17:42:00
K-1 Fiance(e) Visa Process & ProceduresKID UNDER K2 VISA: ONCE IN USA WITH K2, ALLOWED TO LEAVE USA AGAIN?

how does it work? i will go to usa, then i get married within the 3 month. ok. after marriage, i will apply for AOS. can i apply for my son as well, even if he will join me later, under the "follow to join"status? or do i have to apply for him extra again , once he is in the states? he wants to come later under the k2, then he wish to come back to switzerland for a time, until he finished hes studies over here. is this possible? he doesnt want to miss the opportunity to have the chance later on to finish his studys in the usa. what can he do, that he will still receive the greencard later, but doesnt has to stay and wait in the states until i got my AOS? thanks alot for ur help!
oh, and, if its not possible, what happens if he doesnt come with me to the interview and he is listed? will they not give me problems?


He woud apply for Advanced Parole when he applies to adjust his status.

Allow 3 months for AP.
BoilerMaleWales2006-07-15 13:02:00
K-1 Fiance(e) Visa Process & ProceduresMarriage in Visa waiver

>can U.S deny my entry after we got married?
As I mentioned, yes it is possible.
A spouse cannot get through the passport control as a visiter.


That's not strictly true. The burden of proof is greater, and the chance of being denied is greater. However, there's nothing that says the spouse of a USC can't visit.


I would have said not true at all, and rather dangerous. Best to leave it alone if you do not know.

Many people travel on the VWP who have US Spouses, but it would be advisable to make sure that you have documentation to support your non immigrant intent, just in case.
BoilerMaleWales2006-07-17 15:51:00
K-1 Fiance(e) Visa Process & ProceduresOverstay on visa waiver
http://www.visajourn...page=i130guide2

All on the FAQ.

Most people here diy, not that difficult if you are OK with paperwork, a bit of a pain but all possible.

If you are out of status for more than 180 days do not travel until you have your GC.
BoilerMaleWales2006-07-26 00:53:00
K-1 Fiance(e) Visa Process & ProceduresAbility To Withdraw Applications


I would tend to agree, get married and go the K-3 route instead of wasting time on the k-1, even then June might be a bit optomistic. :unsure:


Okay. Ouch. Well for obvious logistic reasons the earliest time that we can get married will be December. With that said - I opted for the sliver of chance of getting K1 approved. So the end result will be either REALLY GOOD (K1 approval) or REALLY BAD (lonely 2007).

If something dramatic changes and I can get married say in August, is it easy to withdraw my K1 filed application?

:unsure:


You have a chance with Vermont, I do not know what the delay is like in India.

As I understand it once it is in the system you can not stop it, but you would be just starting again anyway.
BoilerMaleWales2006-07-26 01:30:00
K-1 Fiance(e) Visa Process & ProceduresAbility To Withdraw Applications


Sounds a bit unlikey that a K3 will be approved in 5 months.


He's talking about the K1 being approved in 5 months.. if not, they'll abandon the K1, marry in India, and pursue the K3.

OP: Why wait the 5 mos then... might as well marry now and count that 5 mos toward your K3... you'll need every bit of it, and then some....

Jen


January to June is 5 months.

Past and current timelines are on this site, but a K3 is usually a lot longer.
BoilerMaleWales2006-07-26 01:01:00
K-1 Fiance(e) Visa Process & ProceduresAbility To Withdraw Applications
Sounds a bit unlikey that a K3 will be approved in 5 months.
BoilerMaleWales2006-07-26 00:43:00
K-1 Fiance(e) Visa Process & ProceduresCriminal Record - How does this affect?

My fiance was arrested when he was a young teenager, how is this going to affect us? Anyone know?

Thanks.


What for

What age
BoilerMaleWales2006-07-25 11:14:00
K-1 Fiance(e) Visa Process & ProceduresQUESTION HELP: Fiance Returning Home
and hand in the I-94 to the Airline staff.
BoilerMaleWales2006-08-01 05:52:00
K-1 Fiance(e) Visa Process & ProceduresPOE WA DC
Dulles was OK for me, you do not give enough details to comment if you are likely to have issues.


Will finally see my man again on September 14th!!!!! Now I wonder how Immigration is in Washington D.C. ??? Had a **** load of trouble last time in Atlanta (2/2006) and am worried.Our flights will go from Frankfurt to DC and I will have to go through Immigration there.......Harrassment Level once says 5 and once 0.........any experiences? Flying in with VWP for 28 days.No overstays or anything in the past.Always left on time and haven't stayed longer than these 28 days we'll be t5here now since 2000.
Nat



Hiya Nat,

I wont be able to let you know more myself till Sept 7th. My boyfriend is from the UK he flew in to Dulles the first time on June 23rd 2006 under the VWP. He recieved 0 problems. They asked why he was here he told them to see his girlfriend, they asked how long he was staying that trip was for 10 days which he told them. They asked where he would be staying and he gave them my address, and they asked if it was his first time in the USA which it was so his answer was yes, and that was it he was through customs. He left in 10 days when the trip over so no over stays or anything either.
Our next trip is scheduled for Sept 7th and same thing he will be arriving in Dulles but this trip is for 88 days(hopefully, since I understand customs has the right to decide how long you can actually stay on the VWP) so we are expecting it wont be quite so easy, and since its the second trip they'll probably have alot more questions. Though we havent sent off our I-129f yet we are going to wait till hes came here before we do, so its a little less worry about him getting him.
So basically first trip through dulles was a breeze second trip we will find out soon. Right now just trying to get some evidence of his ties in England, basically using anything we can find, and he has already bought his return ticket too so hoping that might help.



Customs are not involved in the admissions process.

With the VWP you get 90 days or nothing.

You need a return ticket, well one going out, to be able to use the VWP.
BoilerMaleWales2006-08-01 10:38:00
K-1 Fiance(e) Visa Process & ProceduresI'm in UK, pregnant but fiance is a permanent resident. I want to have my child in USA. What are my options.


Now why would my fiance have to adopt the baby when he is the father???? Explain.

Well, it wasn't clear to me that this was the case, as this information is not available in the original post:

I have been with my fiance since May 2005. I am a british citizen and live in UK. My fiance is a lawful permanent resident. I am currently 6 weeks pregnant and would like to have my child in USA. What are my options on obtaining a visa? I can travel freely to USA on my british passport as a tourist.

But since he IS the father of this future tax deduction (subsidized by the rest of us of course), the spawn of your loins could be born on Neptune and still have U.S. citizenship at birth. This being the case, being born here has no advantages and plenty of disadvantages.

Stick with the France plan, man. Tell 'em Lance Armstrong sent you.

Cheers!
AKDiver


Just wondering how the child would be a USC if not born in US or to a USC parent.

Could you explain?
BoilerMaleWales2006-08-01 04:41:00
K-1 Fiance(e) Visa Process & ProceduresI'm in UK, pregnant but fiance is a permanent resident. I want to have my child in USA. What are my options.
Ignorance of the law is no defence.

Does that answer your question.

And what would she have answered to the usual question at the POE concerning the purpose of your visit?
BoilerMaleWales2006-07-28 09:46:00
K-1 Fiance(e) Visa Process & ProceduresI'm in UK, pregnant but fiance is a permanent resident. I want to have my child in USA. What are my options.

There was a thread posted a while back about a woman who was engaged to a permanent resident. She came to the United States on the VWP and apparently stayed until he got his citizenship. Perhaps some clever searches will unearth that thread. I know Meauxna commented in it and I just read it a few days ago, but I can't find it...


More than 90 days - out of status

Plus immigrating on a non immigrant visa.
BoilerMaleWales2006-07-27 10:59:00
K-1 Fiance(e) Visa Process & ProceduresI'm in UK, pregnant but fiance is a permanent resident. I want to have my child in USA. What are my options.

You may want to check out the timeframe people are talking about so you understand that it is likely you will have to wait about 2 years before you will get a K1.... about 1 year for him to become USC and then 9 months to a year for you to get a K1....

Good Luck in whatever route you take..

Kezzie


How do you know he is elgible to apply for Citizenship, did I miss that?
BoilerMaleWales2006-07-27 10:08:00
K-1 Fiance(e) Visa Process & ProceduresQuestion about approval of K-1 Visa
I take it that he is illegal, www.immigrate2us.net, he will need a waiver.

English is required for citizenship, not PR status.
BoilerMaleWales2006-08-03 02:32:00
K-1 Fiance(e) Visa Process & ProceduresVisitation while K-1 is processing?

I feel kinda dumb, but if it isn't that's definately news to me. I may have misread it at some point then, but I do know the max limit of stay in the US for a Canadian Citizen is 6 months, and I thought that long of a stay was only permissible on the VWP. After that you have to pay taxes and some other junk that I never really read through.


VWP stay is 90 days.
BoilerMaleWales2006-08-03 16:28:00
K-1 Fiance(e) Visa Process & ProceduresVisitation while K-1 is processing?
Canada is NOT a part of the Visa Waiver Programme
BoilerMaleWales2006-08-03 16:13:00
K-1 Fiance(e) Visa Process & ProceduresVisitation while K-1 is processing?

Wow thanks for all the help! I really appreciate it.
One last question: do I have to tell them at the POE that I'm in the process of applying for the K-1?


Rule No 1.

Answer just the questions asked.

The answer to do you know the time is - yes.

I also vistited CO when on my K1, but whilst I have flown direct into DIA at that time I was going through Dulles.
BoilerMaleWales2006-08-02 22:18:00
K-1 Fiance(e) Visa Process & Proceduresco-sponsor questions.
134 was not mentioned.

I do not know offhand which one the China consulate requires, I do know that the 864 will be needed at some point.
BoilerMaleWales2006-08-08 01:24:00
K-1 Fiance(e) Visa Process & Proceduresco-sponsor questions.
I alays thought it was a big ask, probably one that most people signing up for do not fully appreciate.

My wife did not!
BoilerMaleWales2006-08-08 00:15:00
K-1 Fiance(e) Visa Process & Proceduresco-sponsor questions.

Are you that certain of the litigation piece?

Even if proven not liable, the sponsor could be forced into court on a suit that may prove frivolous. At the end of the day, it could be costly. Thus, my suggestion to consult a "competent" attorney.

However, in our litigious society, I would refrain from such "certain' judgement calls. Unless of course, you are a competent immigration attorney.




On the co-sponsor issue, I have a couple questions. Is the co-sponsor liable for insurance claims


or hospitalization costs?


Possibly, never seen a case where it has happened.

Let's say the immigrant gets in a car accident. (God forbid) Can the co-sponsor be sued?


Not in the context I presume you mean.

Just where and how far lie the responsibilities of the co-sponsor?


Read this:

http://www.ilw.com/a...10-wheeler.shtm



Nothing is theoretically impossible in the legal world, a precedent that contradicts all prior understandings could be set tomorrow, or a State enacts some weird law.

But can a co-sponsor be sued by an injured party whose injuries resulted from a motor accident that was the responsibility of the Immigrant. - No with a reasonable level of certainty.

I doubt if an Immigration Lawyer could help either way, a question of tort, not Immigration law.

If you want to look it up - Vicarious Liability.

The link should scare most co-sponsors anyway.

Edited by Boiler, 07 August 2006 - 11:53 PM.

BoilerMaleWales2006-08-07 23:54:00
K-1 Fiance(e) Visa Process & Proceduresco-sponsor questions.

On the co-sponsor issue, I have a couple questions. Is the co-sponsor liable for insurance claims


No

or hospitalization costs?


Possibly, never seen a case where it has happened.

Let's say the immigrant gets in a car accident. (God forbid) Can the co-sponsor be sued?


Not in the context I presume you mean.

Just where and how far lie the responsibilities of the co-sponsor?


Read this:

http://www.ilw.com/a...10-wheeler.shtm
BoilerMaleWales2006-08-07 23:29:00