how can he stay?

[msu17 0]

My husband brought over a letter from his school stating he was due back, a letter from his employer (on company letterhead) stating when he was due back and I think a bank statement showing all his finances were still back home. Bring either a copy of the lease or letter from the landlord for proof of that. Really its all up to the interviewing officer to decide if he's at risk of staying. Some don't ask anything and some grill people. It's luck of the line

I would definitely start filing the K1 NOW if I were you. Get the ball rolling ASAP. I would definitely not risk the VWP option. Sure people have done it, but you have a history of living together and a child together, a bit more fishy than a couple who saw each other a few times a year on vacation and dont have a child together. I'm sure there's a story somewhere of a couple in your circumstance doing this, but to me, it's too risky and not worth the extra few months together.

Edited July 30, 2008 by msu17

[Angela & Paul 12]

hi,

my fiancé is american and I'm french. we are curently processing a K1 visa. we've been visiting each other this last year and I've never had problems entering the US. Last time I went we were already in the process of getting the K1 (between NOA1 and NO2) and it was absolutely not an issue. I don't lie on who I am coming to visit. the first time I said I was coming to visit "my friend" and ended up explaining our whole story so now I just say it straight with a big smile, showing my return ticket.

I am ready to move to the US (stoped my job) in september but I know the K1 won't be ready by then. So I'm just gonna continue making return trips, following up the process on uscis website and with the embassy once it's sent there.

Lili&Kai, bonjour!

This is only my second post on the VJ forum, as I try to not talk about things I don't know, and as such, I am not always sure I can be of much help.

But I can talk about our experience, namely about the "continue making return trips" thing.

You do not mention what type of visa you're using when you're making these trips, so I'll make an assumption and guess VWP (Visa Waiver Program).

Our experience with using the VWP to do repeated trips to the US is that it works... for a while. That is until an officer decides that "enough is enough!".

Of course, depending on the officer, the entry denial can happen sooner rather than later. And trust me, since my fiancee went through this, it is not a pleasant experience.

My fiancee was denied entry last year (2007) for her third trip under VWP in a year, which followed two trips in 2006 and one in 2005. I think in general the officers are pretty lenient in allowing multiple returns over the years under the VWP, but again it's a matter of luck. Angela never had any problem in the Dallas POE (Port-Of-Entry) - the last entry there, the officer allowed both of us to be together and was extremely nice - but the first time going through Washington POE did it. I could go at lengths on why I think she was denied in October and not before. Note that she had two VWP overstays in her file, so again, I think the officers are usually VERY lenient.

Now in term of the VWP rules, one is very clear - and I quote from the CBP.org web site: "If you are admitted to the United States under the VWP, you may not change or extend your non-immigrant status."

I know for a fact that there are exceptions regarding the "extending" part and one of these exceptions actually covered one of Angela's overstays. She had to have an emergency surgery following an accident and had to stay in the US for longer than her 90-days allowance in order to recover.

Note that that there is no official way of extending or changing the VWP status. I called the CBP office and they told me there are no forms to submit a request of VWP extension while in the US and that on her next trip to the US she would have to have all paperworks necessary to justify that the overstay was warranted. Again, it's up to the officer at the POE to decide.

Which brings me to the point that under VWP, you CANNOT apply for another visa and stay in the country. You are automatically becoming an illegal immigrant. Don't do it!

Hope the above was helpful. Tank you for reading.

Paul

[annak 0]

can anyone share any experience about coming to the US from a visa waiver country or on a tourist visa and falling madly in love and getting married? did spouse from foreign country adjust visa status whlie staying in the country? what were drawbacks? how long does foreign spouse have to stay in US? any experiences and stories appreciated.

[Chica Yeyé 41]

annak, you are treading very dangerous waters here. you posted earlier and folks gave you advise. yes, what you suggest is known to happen - though if you have the intent to immigrate, as you do since you are posting here (your fiancee does), you are really jeopardizing your results. be careful chica.

[Jeraly 4]

I brought a letter from my employer saying that I was due to return to work following my trip to the US post NOA2 but before sending packet 3 back - I was never asked for any proof of ties and merely said I was visiting my boyfriend for Valentine's Day. Of course, entry denial is always a possibility so I would never say it is a guaranteed thing but if you go through immigration control with hard evidence, be honest and generic and don't offer any specific information unless asked then it might be ok.

As for other advice, I would really really suggest that K-1 is the best route to take. I don't know if it would make a difference if you filed before or after he entered the country but that might be worth looking into as well... I believe RI will be under Vermont Service Center (anyone? I haven't checked) which seems to be processing quicker than California at the moment if that is any consolation to you.

It really really does suck - there are lots of people here who are and have been in your situation and for the most part, we've all pretty much had to grin and bear the distance. If your OH gets to stay for the 90 days permitted on the VWP then you are really lucky to have that time together But defo don't let him overstay - if you follow the K-1 route then he will need to attend interview in Spain anyway. And sure - there are tales of people coming over to the US on "holiday" then getting married and adjusting status - but this is insanely risky unless there was obviously no original intent to get married - for example if he were to have come to the US on a student visa, then you met and got married etc etc. It might seem like a chance you would be willing to take, but what is worth the price of him not being allowed back into the country for 5-10 years? A few months apart, imho is a much more feasible and safe option - I wouldn't want to take any chances if it meant that I wouldn't be able to be with my OH.

[desert_fox 32]

Now in term of the VWP rules, one is very clear - and I quote from the CBP.org web site: "If you are admitted to the United States under the VWP, you may not change or extend your non-immigrant status."

I know for a fact that there are exceptions regarding the "extending" part and one of these exceptions actually covered one of Angela's overstays. She had to have an emergency surgery following an accident and had to stay in the US for longer than her 90-days allowance in order to recover.

Note that that there is no official way of extending or changing the VWP status. I called the CBP office and they told me there are no forms to submit a request of VWP extension while in the US and that on her next trip to the US she would have to have all paperworks necessary to justify that the overstay was warranted. Again, it's up to the officer at the POE to decide.

Which brings me to the point that under VWP, you CANNOT apply for another visa and stay in the country. You are automatically becoming an illegal immigrant. Don't do it!

Hope the above was helpful. Tank you for reading.

Paul

There is no extending a VWP visit......it is not permitted. There is however, and exception for adjustment of status of immediate relatives of US Citizens who entered on the VWP.

[pushbrk 14,058]

You can't enter the US with the intent to marry and expect to stay in the US while the K3 is being processed. You can come, marry and then the foreign spouse has to return to their country while the K3 is being processed. That's if I'm reading it correctly.

You are correct

Actually, you can "stay" as long as you are given leave to stay upon entry. For some countries a six month granted stay can take a very big bite out of a K3 process.

What you can't do is the combination of entering on a visitor visa with the intent of both marrying and immigrating through status adjustment. AOS is not a K3 process.

can anyone share any experience about coming to the US from a visa waiver country or on a tourist visa and falling madly in love and getting married? did spouse from foreign country adjust visa status whlie staying in the country? what were drawbacks? how long does foreign spouse have to stay in US? any experiences and stories appreciated.

Thousands have done exactly that. However, that is not your scenario, not even close.

[Barbarella UK 0]

Annak,

Please, just bite the bullet and start K1 Fiance visa proceedings.

If your fiance tries to immigrate with intent to marry under VWP, believe me, it will be picked up by USCIS when he tries to adjust his status.

Do you REALLY want to live under a cloud of uncertainty and fear?

If not, just do the right thing and take the right steps. It may take a few months but surely it's better than risking a life spent apart.

Remember, if you and your fiance try to take short cuts and fail he could be barred from the US for years, if not permanently.

PLEASE don't take that risk.

You are already posting about "notional" visa fraud.

Please don't take that route - you may regret it forever.

[Carlawarla 1]

can anyone share any experience about coming to the US from a visa waiver country or on a tourist visa and falling madly in love and getting married? did spouse from foreign country adjust visa status whlie staying in the country? what were drawbacks? how long does foreign spouse have to stay in US? any experiences and stories appreciated.

Annak..I know you're disappointed that what people had to say on here isn't what you wanted to hear. I appreciate that you've got a new baby, and now have to return to work without your boyfriend, but really!

How would anyone sharing the above scenerio help you? Your boyfriend would not be coming here to the US ..." fall madly in love and get married". I seems you're already looking at fraudulent ways to keep your boyfriend here so that he doesn't have to return to Spain should he get a visitors visa.

Start the K-1 process now, and he might be here within 8 months.