Now what do we do?

[Zen Desi 0]

My fiance came to America and ended up at the Detroit airport. Long story short, he was detained by Border Patrol and sent back for not having "enough money" and because he quit his job to come.

He quit his job because we were planning on getting married eventually but wanted to make sure it was the right choice. They told him he had a good chance at being hired back when he returned. As for money, everything is paid here and he came with around $1,500 for three months. Even though everything is covered..

They told him he could return by applying for a new visa and getting a job back home. The border patrol agent didn't believe us when I said that he came because he loved me. She said "well, that's just unbelievable" and also decided to tell me that my fiance was not very smart and basically that he's an idiot.

We've been together for two years and I have evidence down to the first exact email we sent one another. (We were far apart and didn't have much to hold onto but we kept them for it's sentimental value.)

I'm a stay at home mother and live in nanny/housekeeper. (Unpaid, work covers my rent.) I haven't done anything else in the past three years and I don't make enough to meet the minimum requirements for the fiance visa.

What do we do!?

(We are both 24, two weeks apart.)

Edit: He is from the UK and I am from the US.

Edited June 13, 2012 by Zen Desi

[Rob & Monika 87]

Did he actually have a k-1 visa or did he quit and just fly over?

[Zen Desi 0]

He never had a K-1, but he had the ESTA.

He had already been here twice and returned back home on time.. roundtrip tickets everytime.

[Anh map 2,098]

The CBP officer made the proper call. No strong ties to home, US girlfriend, etc.

Looking ahead: For him to obtain a visa / adjust status you will have to solve the sponsorship problem. If your income does not meet the requirement, you will need to secure a joint sponsor. The guides and forums here on VJ can give you great information as you prepare.

Edited June 13, 2012 by Anh map

[Penguin_ie 5,988]

*** Moving from Waiver forum to K1 forum as there is nothing to indicate OP's fiance needs a waiver ***

Having been sent back, it will be very difficult for him to get over on the Visa Waiver or get a B2 anytime soon. But as long as he didn't lie about anything at immigration, he did nothing wrong and won;t nee a waiver for an immigrant visa. How close are you two to deciding to marry? If the financial support issue is the only thing that is holding you back, you have options: you can go get a job that pays enough, or find a co-sponsor; cast your net wide: 2nd cousins in other states, firends of your employer, neighbours, church family etc...

[Zen Desi 0]

Thank you so much for your help.

My boss makes a very large income though he chooses not to show it. He adores my fiance and already said he would be willing to be a sponser. Even though I don't make anything at this point, would it be worth it to file for a visa?

I don't have family to help with my son otherwise I would be getting my certificate right now for Phlebotomy. I'd be less worried then.

We weren't planning on getting married for at least a year. I have yet ANOTHER problem pertaining to this. I am still legally married. I got married when I was nineteen and then years later my husband (ugh) went to work one morning years ago and then didn't come home. (He left my son and I in a hotel with nothing, which is how I got here.)

He has been ignoring my phone calls and emails and I've only this week figured out how to get divorced without his signature. I'm planning on fixing that problem ASAP.

[Anh map 2,098]

Thank you so much for your help.

My boss makes a very large income though he chooses not to show it. He adores my fiance and already said he would be willing to be a sponser. Even though I don't make anything at this point, would it be worth it to file for a visa?

I don't have family to help with my son otherwise I would be getting my certificate right now for Phlebotomy. I'd be less worried then.

We weren't planning on getting married for at least a year. I have yet ANOTHER problem pertaining to this. I am still legally married. I got married when I was nineteen and then years later my husband (ugh) went to work one morning years ago and then didn't come home. (He left my son and I in a hotel with nothing, which is how I got here.)

He has been ignoring my phone calls and emails and I've only this week figured out how to get divorced without his signature. I'm planning on fixing that problem ASAP.

There are no "boyfriend" immigration visas. Sort out the current marriage and then you can proceed.

Boyfriend is going to have to be more savvy about entering the US for visits. He's likely going to have to go for a visa interview in London just to come for any visits.

In the meantime educate yourself about the immigration process. You will need to meet the income requirements for your household (you+any children+ UK significant other). Securing a sponsor can be a challenge. Have your employer look through the requirements to see if they are willing to participate. If not, find another.

[LeftCoastLady 441]

Also, be sure to read up on the divorce laws in your state, especially if there's a waiting period before you can be remarried. (In some states, it's six months, for example.) One of the key criteria of the I-129F petition and the K-1 visa is both the petitioner and beneficiary must be legally free to marry within the 90 day period upon arrival in the US.

[Zen Desi 0]

Thank you I will work on the divorce as soon as possible. I just need to get some cash.

I live in Washington State and the divorce will be finalized after three months. Luckily, after that there is no legal waiting period to get married.

[Lainie B 465]

Also, be sure to read up on the divorce laws in your state, especially if there's a waiting period before you can be remarried. (In some states, it's six months, for example.) One of the key criteria of the I-129F petition and the K-1 visa is both the petitioner and beneficiary must be legally free to marry within the 90 day period upon arrival in the US.

They must be free to marry at the time the petition is sent, not during the 90 day period. So the petition cannot be sent until both are free to marry. I think that is what you meant but just wanted to clarify.

Edited June 13, 2012 by Lainie B

[LeftCoastLady 441]

They must be free to marry at the time the petition is sent, not during the 90 day period. So the petition cannot be sent until both are free to marry. I think that is what you meant but just wanted to clarify.

Yes, that's what I meant -- free to marry at petition submission.

[bigdog 376]

Looks like you have some homework, good luck.

[rayandmel 39]

You and your fiance need to learn the "rules" before you make a serious mistake! Was he just going to move here? You do realize that this is ILLEGAL? He can't come and stay longer than 90 days on a visitors visa.... That is why the officer was so nasty. People can't just move to America, you have to follow procedures. In order to move here an LIVE, you guys have to have a fiance visa (K1) or a spousal visa... You can not APPLY for either until your first marriage is resolved. It sucks, we all agree, but coming and staying illegally can lead to a ban. I hope this all works out for you... Good luck.

[jaycali 415]

I'm sorry you had to find out the way you did, but this is a text book example on how to get refused entry. He came on the VWP (ESTA) which allows him to stay for up to 90 days for visit/tourism only.

Quitting your job and hopping on the next plane to the US with your fiancee will have any border agent thinking you're not coming for vacation, but rather to stay.

As long as you have a sponsor, and are free to marry though, there is nothing in the way of you petitioning for him Good luck!!

Edited June 14, 2012 by jaejayC

[L+T 71]

About Divorce... Go to your local probate court. Usually they have some hours where people can come in and ask questions. Once you ask these questions, you can likely file the paperwork for divorce... You would need to serve him papers, or run ad in city of last known address if there is no current address. If he does not show up, all the better for you.... Though the process will take time. Check your state also for the waiting peirod after divorce. Most are 90 days. Some are 0 days... and a few are 180 days.

Edited June 14, 2012 by L+T