K-1 application

[jase7678 0]

My US fiance and I are currently filing for a K-1. It has only been in the pipe line for 2 weeks so still in its infancy. We are trying to do it on our own which may turn out to be a bad idea.

Our wedding is arranged for August 26th, very premature I know, but we thought we'd do ceremony with or without K-1.

My questions:

1. Am I correct in thinking that we CAN'T apply for a marriage license & therefore certificate if the K-1 doesn't arrive in time?

2. I am going to continue working for my UK employer whilst in the US. If my K-1 doesn't come, can I stay in the US after our ceremony until I need to be back in the UK for the UK embassy items?

3. Based on 2, will I have any problem on arrival to US in August if I say I'm intending to stay for 3 months on my Visa Waiver?

4. I think I've goofed up with my flights as I have a return ticket for sometime in September, do I need to declare / show / prove this?

5. Can I, as a UK resident, purchase a return flight to the UK from the US?

I'm sorry for all the questions, hope people can advise.

Many thanks,

Jason.

[Ladylethal 12]

Ok, let´s go one step at a time. It´s almost certain your K1 won´t be ready by August 26th, you might not even have an interview date by then, especially since things have been running a bit slow. I´d say at least 6 months for the visa to be in your hands, and we´re less than 3 months from your deadline.

When you say you´ll do the ceremony either way you mean just a reception, right? Not the actualy civil wedding, as you CAN´T do that unless you have the visa. Or if you go ahead and do that you´ll need to cancel the K1 and re-start with a K3 application.

Ok, now for the questions:

1- You can apply but it would turn the K1 void if you married. You´d need to file a K3 and you would have to return to UK.

2- If you have a work visa, yes, you can stay.

3- With this I am assuming you don´t have a work visa, just be mindful you can´t overstay your waiver, and that you might be prevented from coming back during the K1 process, if you don´t have enough evidence that you plan to go back to UK.

4- You need proof of meeting in the past 2 years, so I dunno what do you mean by that exactly.

5-

Now, if you´ve been working in the US, and can prove you weren´t there with intentions to get married, depending on how long you´ve been there, can´t you just get married and file for Adjustment of Status?

Explain yourself a bit better so we can further help you.

[jula 0]

2./3. if you enter on visitor visa or VWP, you shouldn't be working while in the US.

4. if they ask you at POE (point of entry)

Above all, you need to understand that you can not continue with K-1 visa once you are married. If you "have to" get married in August, don't file for K-1, but rather for K-3 after the marriage.

One more thing, if the purpose of your visit to the US in August is marriage, you should have a solid evidence that you'll return to UK. Otherwise, you may be denied entry into the US as the immigration officer may be suspicious that you'll stay in the US.

[Jaylen Brit 1]

#5 yes you can - I purchased a round trip to the usa from uk - with an american flight company. I see no legal impediment why you wouldnt be able to get a one way to London from the USA - your nationality is irrelavent - waht matters is that you have the correct paperwork (in your case, a passport)

[jase7678 0]

Hi, thanks for the reply.

To clarify, if we can only hold a reception, then that is all we'll do. I was advised by somebody that it would be possible to marry officially on a Visa Waiver, but yes, I guess we need to ditch where we're up to with the K-1 application and go the K-3 route. I think I'd rather wait until the K-1 arrives and do that.

I wasn't thinking of applying for a working visa, essentially be there as a visitor living with my fiance but continue working for my UK employer remote office. Is that legal?

I would certainly leave before the visa waiver period ended and that's why I was wondering if it was possible to purchase a return flight from the US to the UK to the US, so I can go home (UK) temporarily and then go back to the US. I would do this if I was out there and paperwork concernging the application arrived in the UK that I had to deal with.

With regards my 4th question, I have booked flights from 16th August returning some time in September, yet I would like to stay for the duration of the visa waiver (90 days). Will this affect my application for a 90 day stay as I can't prove I will return after 90 days as my return flight is only, say, 30 days later?

I kind of follow your penultimate paragraph about change of status, but how does this work? What visas are required for this?

Thanks for your help. Please let me know if any further clarification is required.

Regards,

Jason.

[Euro 3]

My US fiance and I are currently filing for a K-1. It has only been in the pipe line for 2 weeks so still in its infancy. We are trying to do it on our own which may turn out to be a bad idea.

Our wedding is arranged for August 26th, very premature I know, but we thought we'd do ceremony with or without K-1.

My questions:

1. Am I correct in thinking that we CAN'T apply for a marriage license & therefore certificate if the K-1 doesn't arrive in time?

2. I am going to continue working for my UK employer whilst in the US. If my K-1 doesn't come, can I stay in the US after our ceremony until I need to be back in the UK for the UK embassy items?

3. Based on 2, will I have any problem on arrival to US in August if I say I'm intending to stay for 3 months on my Visa Waiver?

4. I think I've goofed up with my flights as I have a return ticket for sometime in September, do I need to declare / show / prove this?

5. Can I, as a UK resident, purchase a return flight to the UK from the US?

I'm sorry for all the questions, hope people can advise.

Many thanks,

Jason.

Jason, you can't get married then return for your K1 interview, you would have to change to a CR1/K3,

visiting the US on the VWP always has its risks, but you should take as many ties to the UK as you can, to show you intend returning!!

the return ticket should be shown at POE only if asked!!

as a UK resident you CAN purchase a return flight to the US, I did this once at the end of last year!!

[zyggy 9]

Hi, thanks for the reply.

To clarify, if we can only hold a reception, then that is all we'll do. I was advised by somebody that it would be possible to marry officially on a Visa Waiver, but yes, I guess we need to ditch where we're up to with the K-1 application and go the K-3 route. I think I'd rather wait until the K-1 arrives and do that.

I wasn't thinking of applying for a working visa, essentially be there as a visitor living with my fiance but continue working for my UK employer remote office. Is that legal?

I would certainly leave before the visa waiver period ended and that's why I was wondering if it was possible to purchase a return flight from the US to the UK to the US, so I can go home (UK) temporarily and then go back to the US. I would do this if I was out there and paperwork concernging the application arrived in the UK that I had to deal with.

With regards my 4th question, I have booked flights from 16th August returning some time in September, yet I would like to stay for the duration of the visa waiver (90 days). Will this affect my application for a 90 day stay as I can't prove I will return after 90 days as my return flight is only, say, 30 days later?

I kind of follow your penultimate paragraph about change of status, but how does this work? What visas are required for this?

Thanks for your help. Please let me know if any further clarification is required.

Regards,

Jason.

Generally the way the rule works is that for X amount of days in the US, you have to spend X amount of days in your home country. The VWP is not meant as a way for you to stealthily try to live in the US while you're waiting for a visa. IF you leave before you 90 days and try to immediately come back, I guarantee you that you find yourself on a plane back home with your ability to use the VWP cut off.

Stay for your 90 day visit, but be prepared for some separation. It is unavoidable...

[justice4 0]

Hey just to let you know...if you get married befre you K1 visa is approved, it will become null and void and you will have to reapply as a married person. My husband and I had to cancel a wedding date and wait for our documents to be processed.

My US fiance and I are currently filing for a K-1. It has only been in the pipe line for 2 weeks so still in its infancy. We are trying to do it on our own which may turn out to be a bad idea.

Our wedding is arranged for August 26th, very premature I know, but we thought we'd do ceremony with or without K-1.

My questions:

1. Am I correct in thinking that we CAN'T apply for a marriage license & therefore certificate if the K-1 doesn't arrive in time?

2. I am going to continue working for my UK employer whilst in the US. If my K-1 doesn't come, can I stay in the US after our ceremony until I need to be back in the UK for the UK embassy items?

3. Based on 2, will I have any problem on arrival to US in August if I say I'm intending to stay for 3 months on my Visa Waiver?

4. I think I've goofed up with my flights as I have a return ticket for sometime in September, do I need to declare / show / prove this?

5. Can I, as a UK resident, purchase a return flight to the UK from the US?

I'm sorry for all the questions, hope people can advise.

Many thanks,

Jason.

[TracyTN 237]

With regards my 4th question, I have booked flights from 16th August returning some time in September, yet I would like to stay for the duration of the visa waiver (90 days). Will this affect my application for a 90 day stay as I can't prove I will return after 90 days as my return flight is only, say, 30 days later?

Why do you have to apply for a 90 day stay? The VWP requires only a valid passport (and, at the POE, the CBP's belief that you will return home after the 90 days are up) from a VWP participating country.

[Linababe 0]

I personally wouldnt have the reception as you are planning to - either start the K1 now and wait 6 months or so OR go on vacation and then marry and then file the K3 - it just means if you start K1 now, you spend money (its not cheap!) - if you then plan on a reception in august you spend money for the ticket and the reception - if then you come back to uk more money for rest of K1 process and possibly more trips if you choose to. - You enter the USA then get married, spend more money - then you do adjustment of status (AOS) you spend more money. Its all money money money - unless you are rich and can do all this it isnt very wise. Why not wait till you get your K1 and then enter the states and have the wedding and reception at the same time? Or as I and others say get married and apply for K3 which I presume is still the same kinda time wait, but you have to return to UK. You could, as some have done, go on VWP and then get married and stay and do AOS, but this is not advised as you already have the intent to marry and when you do the AOS you have to have ample proof that you didnt enter the USA with the intent to marry - which could cause problems if they dont believe you - ie a ban i think. I personally wouldn't risk it:)

Hope this helps in aking your mind up on which way you go.

Lina (UKC)

[zyggy 9]

I personally wouldnt have the reception as you are planning to - either start the K1 now and wait 6 months or so OR go on vacation and then marry and then file the K3 - it just means if you start K1 now, you spend money (its not cheap!) - if you then plan on a reception in august you spend money for the ticket and the reception - if then you come back to uk more money for rest of K1 process and possibly more trips if you choose to. - You enter the USA then get married, spend more money - then you do adjustment of status (AOS) you spend more money. Its all money money money - unless you are rich and can do all this it isnt very wise. Why not wait till you get your K1 and then enter the states and have the wedding and reception at the same time? Or as I and others say get married and apply for K3 which I presume is still the same kinda time wait, but you have to return to UK. You could, as some have done, go on VWP and then get married and stay and do AOS, but this is not advised as you already have the intent to marry and when you do the AOS you have to have ample proof that you didnt enter the USA with the intent to marry - which could cause problems if they dont believe you - ie a ban i think. I personally wouldn't risk it:)

Hope this helps in aking your mind up on which way you go.

Lina (UKC)

Actually the tourist adjustment scheme is DOA (it would be illegal anyways as they do have the intent to get married and stay) for this couple as they have already announced their intentions when they filed the I-129F. Any claim on non-immigrant intention during AOS could be easily disproven by the fact that the I-129F has been filed...

THey are left with continuing the K1, or go with ah K3 or an Immigrant Visa.

[happyimmigrant 0]

I wasn't thinking of applying for a working visa, essentially be there as a visitor living with my fiance but continue working for my UK employer remote office. Is that legal?

No. You will be working illegally. If you are working for ANY employer while in the US, you need appropriate visa/authority to work. You can not do work in the US that you will benefit from in any way.

If you try to enter at the POE and tell them that you will be working for your foreign employer, without having an appropriate work visa, they will deny you entry.

[zyggy 9]

I wasn't thinking of applying for a working visa, essentially be there as a visitor living with my fiance but continue working for my UK employer remote office. Is that legal?

No. You will be working illegally. If you are working for ANY employer while in the US, you need appropriate visa/authority to work. You can not do work in the US that you will benefit from in any way.

If you try to enter at the POE and tell them that you will be working for your foreign employer, without having an appropriate work visa, they will deny you entry.

Actually this is a little bit of a hazy area... if they are on WVP, it works like a B2, you can do activities that are related to your foreign employer while in the US. It is not illegal to take business calls when one is in the US on holiday... This would work roughly the same way....

However, to actively look in the US for employment, with a US employer, that is definitely no permitted.

[Boiler 46,921]

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 June 5, 2006 by Boiler

[JenT 0]

There have been some who have been denied entry if they max out their VWP (90 days) for every visit and visits are frequent.... appears as more of an immigration risk to immigration officials. Food for thought.

Jen