Shunted into AP by the Embassy for being turned around in January

[Nick&Diane 32]

The CBP office said that as I intended to marry a US citizen then I was no longer covered by the VWP.

That is a harsh view. But it is discretional.

As I understand it, once a foreign citizen has shown an intent to immigrate (filing for a K1 visa or CR1/IR1 visa), they can no longer benefit from a visitor visa (or visa waiver). However, this is mostly got around by proving (by showing ties to your home country) that you do not intend to immigrate on this visiting visa.

I had already been in the USA for 180 days last year (two trips) and I guess (and stress that it's only a guess) that he thought I was living there already. PLUS my turn around was 6 days after returning back from the USA to the UK.

This probably played into his decision more than anything else.

The CBP officer was clear about the fact that I could return and said that his actions were in some part a #######-for-tat response to the number of USA citizens getting sent home from the UK.

Ouch - how unprofessional!

Hard luck OP. I dread being turned around on the border for the same reasons. I have now spent 180 days in the US on two VWs - I'm not sure I'll get in again until I have an immigrant visa.

[Nick&Diane 32]

there is some suggestion that the interviewer had the wrong case file in front of her hence the wrong details.

What a mess.............

Wow! That would explain more.

[Sheri&Rich 25]

APPROVED.....................................

That was the longest 4 days of my life and very upsetting.

Just had a call from the Embassy to forward my passport via DX as my case was approved.

[Nick&Diane 32]

APPROVED.....................................

That was the longest 4 days of my life and very upsetting.

Just had a call from the Embassy to forward my passport via DX as my case was approved.

What a relief! Congratulations!! And a new home for Christmas

[Illiria 980]

Sweet, congratulations.

Please note that you are not allowed to work after entering on a K,1 you need to have a work permit or green card to do that. This has been asked a few times on the AOS part of the forum lately.

Getting work permit prior to marriage and AOS tends to be a waste as it is only valid until the end of your 90 days after entry and usually takes almost that long for them to approve it, plus you have to pay for it.

Here people usually recommend that you enter, get ssn, marry and apply for AOS and with the AOS application include a free application for work permit so that you can work before the AOS is approved. Some K1's have had an interview waiver which can add 6 months onto the waiting time so having applied for the work permit at the same time as AOS really helped them.

Wishing you the best with your move and continuing immigration journey.

Edited October 9, 2014 by Illiria

[whiteyadam 4]

Congrats Rich!