Questions about Visa Waiver, and Denial.

[Quinn22 0]

My fiance and I met online a year ago and have been living together for 9 months, while his divorce finally pushed through. Well He is from England, and has been travelling back and forth these 9 months, I was informed the other day that he may get denied when he tries to enter the USA this time. Is there any way we can get around this, as he has nothing in England? No house, no job, no nothing.

I was also told that we could get married while he was here on the Visa Waiver, and then file for the K-3 Visa, while he is currently in the country. Does anyone know anything about this? Time is growing short and I am starting to really worry!!!!

[payxibka 10,047]

My fiance and I met online a year ago and have been living together for 9 months, while his divorce finally pushed through. Well He is from England, and has been travelling back and forth these 9 months, I was informed the other day that he may get denied when he tries to enter the USA this time. Is there any way we can get around this, as he has nothing in England? No house, no job, no nothing.

I was also told that we could get married while he was here on the Visa Waiver, and then file for the K-3 Visa, while he is currently in the country. Does anyone know anything about this? Time is growing short and I am starting to really worry!!!!

The highlighted section above is the root of his entry problem..... solve that and things will improve.....

entering on the VWP with the intent of marrying and remaining is a big NO, NO...

Edited March 5, 2008 by fwaguy

[KimandRuss 0]

We went through the same thing as I was awaiting my divorce. Russell left his job in Australia in 2006 and flew home with me and my kids simply so we could spend some time together before we took the next step. We were unaware of the process and rules then. He basically lived here for over a year coming in and out every 90 days together on the VWP as we waited. We travelled back to New Zealand, London, Iceland, Dublin...sometimes only for a few days. On his last trip out (to Dublin) he was denied entry back into the U.S. and had to go home to NZ. Now that we know all the 'rules of the game' we realize we were very lucky to even have the time we did together!

As fwaguy stated, entering with the intent to immigrate is a huge no no! Looking at your history together, you may have an uphill battle with that one! Honestly, your best bet is probably to stay apart and file for the K1. It's probably your quickest and safest route! Especially if you're filing with Vermont.

Believe me when I tell you that I know how hard it is. Most of us here do! We have been a couple for many years now and having to spend all this time apart, especially after living together for 2 years (in Australia and here in US) has been very difficult.

My divorce is FINALLY, after many years, final on April 14th (5 weeks & 4 days to be exact! :lol). We will be sending our petition on the 15th after I pick up my decree! We hope to have him back home by the end of summer. You may not see it now... but there is a light at the end of this tunnel.

Much luck!

[Quinn22 0]

I thought that it was a no no, but I had heard it was possible so I wanted to ask. I dont know how to solve his problem about not having anything in England, his ex took EVERYTHING, he literally came to me with the clothes on his back. Is it possible for him to stay in the US while the K-1 is filed? Or If we file a K-3 Visa after being married abroad would he be admitted in the US while we are waiting for it go through? I read on the USCIS that there is no "line" for spouses. I have so many questions and dont know where to find the answers!

[*julez* 124]

I thought that it was a no no, but I had heard it was possible so I wanted to ask. I dont know how to solve his problem about not having anything in England, his ex took EVERYTHING, he literally came to me with the clothes on his back. Is it possible for him to stay in the US while the K-1 is filed? Or If we file a K-3 Visa after being married abroad would he be admitted in the US while we are waiting for it go through? I read on the USCIS that there is no "line" for spouses. I have so many questions and dont know where to find the answers!

If he's not in the US right now, as you have found out, there is no guarantee they'll let him back in, particularly since he's had 3 aprroximately 90 day visits. We ran into the same problem whist waiting for his divorce to finish. After the 3rd visit we decided to bite the bullet and spend the time apart while the K1 was in process. It was not the most pleasant experience, but we got through it. He ended up staying with his father and got a part time job to keep him busy. He left the US 22 July 07 and returned with a K1 on 31 Jan. 08. We had one long weekend in canada and I went to the UK for a week just before he returned to the US. Was it hard? Yes. But I promise you, once its all over the separation just fades into oblivion.

Please don't risk trying to get married here and adjust from that. So NOT worth it now that you are aware of the guidelines and have intent.

Good luck!

[DA BOMB 1]

I thought that it was a no no, but I had heard it was possible so I wanted to ask. I dont know how to solve his problem about not having anything in England, his ex took EVERYTHING, he literally came to me with the clothes on his back. Is it possible for him to stay in the US while the K-1 is filed? Or If we file a K-3 Visa after being married abroad would he be admitted in the US while we are waiting for it go through? I read on the USCIS that there is no "line" for spouses. I have so many questions and dont know where to find the answers!

You wouldn't need a K anykind of visa - you would file Adjustment of Status since you're already in the US provided you're married. Intent to marry on a waiver is a no no. My husband and I had a K1 in process when we arrived for the birth of our child - we married just before his 90 waiver days and adjusted status instead. The intent was to visit for the birth then return to the UK to finish the K1 process. We were just approved a greencard this week.

[KimandRuss 0]

He's already been here for 9 months and has no ties to the UK. I think that would probably throw up a few red flags!

I'm glad it worked for you and yours but personally, I wouldn't risk it. The consequences are far too great.

[*julez* 124]

I thought that it was a no no, but I had heard it was possible so I wanted to ask. I dont know how to solve his problem about not having anything in England, his ex took EVERYTHING, he literally came to me with the clothes on his back. Is it possible for him to stay in the US while the K-1 is filed? Or If we file a K-3 Visa after being married abroad would he be admitted in the US while we are waiting for it go through? I read on the USCIS that there is no "line" for spouses. I have so many questions and dont know where to find the answers!

You wouldn't need a K anykind of visa - you would file Adjustment of Status since you're already in the US provided you're married. Intent to marry on a waiver is a no no. My husband and I had a K1 in process when we arrived for the birth of our child - we married just before his 90 waiver days and adjusted status instead. The intent was to visit for the birth then return to the UK to finish the K1 process. We were just approved a greencard this week.

This couple has intent to stay and marry, which is not the correct way to go about this. Visa Journey does not advocate this method of immigration, nor does it appreciate members advocating this approach. While this did work for you, there is no guarantee that this couple wouldn't be charged with immigration fraud. I'm not willing to toy with their future; its irresponsible to do so.

To the OP, obviously this is your call to make. Please be aware that there are inherent risks when you don't do things by the books.

Edited March 6, 2008 by julezabelle