Is K-1 the right way to go?

[Mrs5k 2]

Hi everyone,

Please bare with me, I've been getting mixed messages about what would be best for me so I will explain my exact situation to you guys and see if anyone has any input. Ok so I was refused entry on a recent trip to the US under the VWP because I was "abusing" it, they wrote "Refused entry 217.4(a)" in my passport. Me and my fiance have been planning on getting married for a while now which would obviously make us go through the K-1 process but I have recently been worrying about whether that is the right decision. Based on my situation do you think that I would have any problems getting the K-1 visa? I have never overstayed, always returned within the 90 day limit and definitely not broken any immigration laws so what do you guys think?

This whole situation has just been very stressful with wondering how I am going to see my fiance again so please forgive all of the worrying I have been doing!

Also I would like to ask if I do get the K-1 visa will they let me in at POE based on my immigration history? I would hate to do all of that waiting and spend all of that money just to be refused by a POE officer.

Edited January 23, 2012 by Mrs5k

[krautlaus 7]

There is always a chance they won't let you or anyone in at POE - this decision is up to each individual IO. Receiving a visa does not guarantee entry into the U.S., bare that in mind no matter which visa you apply for.

As for the refusal to enter - I was denied entry in 2009 and received my visa in 2010 - it was hardly even mentioned during my visa process... it didn't seem to matter to anyone at all so don't worry about that part!

All the best on your journey

[Mrs5k 2]

Thank you for your response. Any idea on the visitors visa? I would like to be able to visit my fiance at some point within the K-1 process.

[agrabs 241]

Thank you for your response. Any idea on the visitors visa? I would like to be able to visit my fiance at some point within the K-1 process.

My fiance was denied a visitor visa twice. I don't know if you looked at this but i thought it might be helpful. We did not know about visa journey when he applied for the visitor visa.

http://www.visajourney.com/content/k1visit

[agrabs 241]

My fiance was denied a visitor visa twice. I don't know if you looked at this but i thought it might be helpful. We did not know about visa journey when he applied for the visitor visa. Also, his country was not part of the VWP. So, difficult to get a visitor visa.

http://www.visajourney.com/content/k1visit

[Mrs5k 2]

My fiance was denied a visitor visa twice. I don't know if you looked at this but i thought it might be helpful. We did not know about visa journey when he applied for the visitor visa.

http://www.visajourney.com/content/k1visit

Did your fiance get any problems from the denial of a visitors visa? I'm thinking it may be better to arrange for him to visit me here in the UK than me risking all of this to go there.

[JimVaPhuong 4,863]

Being denied entry for suspected immigrant intent will have no bearing whatever on a K1 visa. This is because a K1 visa specifically allows for immigrant intent. In fact, it practically requires it.

When you're denied entry for suspected immigrant intent they are effectively telling you to go and get the proper type of visa if you intend to immigrate to the US. Getting a K1 visa is precisely what they're recommending.

[Nich-Nick 3,354]

Based on my situation do you think that I would have any problems getting the K-1 visa? I have never overstayed, always returned within the 90 day limit and definitely not broken any immigration laws so what do you guys think?

It will not affect the K1 visa the tiniest bit.

Also I would like to ask if I do get the K-1 visa will they let me in at POE based on my immigration history? I would hate to do all of that waiting and spend all of that money just to be refused by a POE officer.

They will let you in. You'll be fine

BF should visit you. Trying for a visitor visa is a waste of time and money. It's likely to be denied because you have a history apparently, of spending too much time in the US. Can you prove very strong ties to the UK with a full time job, lease in your name or home ownership, and a nice bank balance? If denied, then you would have to answer the question "Have you ever been denied a visa?" with "yes" on your K1 application. You said you were denied for abusing VWP. Now you have to pay the price. Try ESTA again in 6 months and see if it goes through after some time out of the US.

[Mrs5k 2]

Thank you for your response everyone and I think it will be much better to take a vacation together outside of the US or have him come and visit me in England rather than going through the visitor visa process. I don't own a home but I do have a full time job and I am in full time university so I can show those two things, if that would be enough I have no idea so I don't know I would even want to risk being denied a visa. I will talk to my fiance about when he would be able to visit me here and go down that avenue whilst we work towards the k-1

[Trish6 0]

the 90 day limit,,,,,

Hi I was wondering how often and how long you stayed for when you've been visiting the US and if you've flown into the same airports?

I have been out for 2 weeks in May to visit friends, 3 weeks in Sept to visit my finace and 4 weeks over Christmas. I'm planning in going out for a month in April and taking my friends with me for a weeks road trip then on to visit my finace they are staying 2 weeks

[Mrs5k 2]

the 90 day limit,,,,,

Hi I was wondering how often and how long you stayed for when you've been visiting the US and if you've flown into the same airports?

I have been out for 2 weeks in May to visit friends, 3 weeks in Sept to visit my finace and 4 weeks over Christmas. I'm planning in going out for a month in April and taking my friends with me for a weeks road trip then on to visit my finace they are staying 2 weeks

Hi Trish,

I would generally go for around the 80 day mark and I would be out of the US for 3 months or so, so basically I was doing 3 months there 3 months here. My friend ran into some trouble after going for 2 week trips every few months but he wasn't refused entry. I have gone through Chicago, Atlanta, JFK, Detroit and Orlando. I would say that my best experience was at JFK, they barely even asked me any questions and said "as long as you're within the 90 day limit you're fine" The worst experiences I have had were at Atlanta and Chicago. I was refused at Atlanta and Chicago was extremely rude to me and threatened to not let me in ( this was when I wasn't even going to the states all that often). Considering that you're going with friends I think that will help, they tend to be more suspicious of single people and I think you have spent enough time in the UK to not cause too much suspicion. Now this might seem like a lot of effort to go through but I would suggest bringing any documents that show you have a life in the UK such as rental documents, pay stubs, letter of employment, letter from your University anything that can help show them that you're not there to stay forever.

From what you have said though I think you will be fine.