UK citizen with 90 day visa - got turned away by USA at airport for no workers visa?

[AshMarty 359]

41 minutes ago, Jennifer W said:

Ys I see what you mean about the omission thanks for clearing that up!

 

He has a work visa in Canada because he was apart of a work away program that let him stay in Canada a year or so ago.

But returned to the UK.

 

So far from what we have been looking into is that if we meet one place and then try to apply for a K-1 it could get denied. We are thinking it would be easier to elope in a 3rd country then have him go home to the UK, me go home to USA, and we will wait and apply for his greencard. 

 

I am not an expert on this and someone can chime in but I believe you can also get denied through this process as well.

 

You still will need evidence of a bonafided marriage. I know meeting and marrying on a first visit was a concern posted about an arranged marriage before (although it was discussed because of the religion, it was deemed appropriate). I am not sure if marrying on your first visit would invite scrutiny from immigration?  Anyone else have input or advice on this matter.....

Edited November 28, 2017 by AshMarty

[yuna628 9,530]

3 minutes ago, Jennifer W said:

Thank you for taking the time to explain everything so clearly.

 

What do you think about us going to Canada to get married? Then  both of us returning home and waiting for his greencard application?

 

Would love your opinion, thanks !

My opinion is pretty much the same as before. I am not familiar with Canadian marriage laws as it relates to visitors or immigrants, so you would need to see if there are restrictions on it as it is in the UK without proper visa permission. Even if you did successfully marry there, and then return back to your homes, and file a US spousal visa - you are still going to need evidence of a relationship with your new husband... that you will have barely known for very long or hardly had face to face time... you know? And you're still going to have to answer the additional questions of financial requirements, or any other complications just as you do with a K1 process. It also takes significantly longer than a K1. Some couples do like the spousal visa option better though as, once granted the immigrant can start working with their first green card right away. But just because one has the ability to work legally, does not mean one can actually find a job immediately either. Immigrants often have to start small... and from the very bottom of the chain. My husband did not find work in the US for a long time after his green card, and he was a lot older with degrees and experience by then. That will cause additional burden on you, the sponsor, to financially support both him and you no matter which visa you choose. There will be the expense of health insurance to also consider as well.

 

As I said. Baby steps. If love and marriage is meant to be, it will be, but it needs careful planning and a lot less spontaneous romanticism. That can be a bummer, but rules don't allow for that, and in an LDR you have to do what needs to be done.

[Jen&Cal 85]

2 minutes ago, yuna628 said:

My opinion is pretty much the same as before. I am not familiar with Canadian marriage laws as it relates to visitors or immigrants, so you would need to see if there are restrictions on it as it is in the UK without proper visa permission. Even if you did successfully marry there, and then return back to your homes, and file a US spousal visa - you are still going to need evidence of a relationship with your new husband... that you will have barely known for very long or hardly had face to face time... you know? And you're still going to have to answer the additional questions of financial requirements, or any other complications just as you do with a K1 process. It also takes significantly longer than a K1. Some couples do like the spousal visa option better though as, once granted the immigrant can start working with their first green card right away. But just because one has the ability to work legally, does not mean one can actually find a job immediately either. Immigrants often have to start small... and from the very bottom of the chain. My husband did not find work in the US for a long time after his green card, and he was a lot older with degrees and experience by then. That will cause additional burden on you, the sponsor, to financially support both him and you no matter which visa you choose. There will be the expense of health insurance to also consider as well.

 

As I said. Baby steps. If love and marriage is meant to be, it will be, but it needs careful planning and a lot less spontaneous romanticism. That can be a bummer, but rules don't allow for that, and in an LDR you have to do what needs to be done.

We don't have the money to have reoccurring visits, travel is expensive.  

 

[Boiler 43,502]

16 minutes ago, Jennifer W said:

We don't have the money to have reoccurring visits, travel is expensive.  

 

Marriage is much more so.

[Pennycat 880]

When he applied for ESTA (Electronic System for Travel Authorization)-- which is what makes his visa-free travel to the US possible (or made, that's gone now) he read and agreed to this (bolding mine):

 

"The Electronic System for Travel Authorization performs checks against law enforcement databases. All travelers seeking admission to the United States under the Visa Waiver Program are required to obtain an electronic travel authorization using this system prior to being granted boarding.

If your electronic travel authorization application is approved, it establishes that you are eligible to travel, but does not establish that you are admissible to the United States under the Visa Waiver Program. Upon arrival to the United States, you will be inspected by a U.S. Customs and Border Protection Officer at a port of entry who may determine that you are inadmissible under the Visa Waiver Program or for any reason under United States law.

A determination that you are not eligible for electronic travel authorization does not preclude you from applying for a visa to travel to the United States.

All information provided by you, or on your behalf by a designated third party, must be true and correct. An electronic travel authorization may be revoked at any time and for any reason, such as new information influencing eligibility. You may be subject to administrative or criminal penalties if you knowingly and willfully make a materially false, fictitious, or fraudulent statement or representation in an electronic travel authorization application submitted by you or on your behalf.

WARNING: If upon application for admission to the United States at a port of entry you are admitted under the Visa Waiver Program (VWP) by a US Customs and Border Protection Officer, you may not accept unauthorized employment; or attend school; or represent the foreign information media during your visit under the program. You may not apply for: 1) a change of nonimmigrant status, 2) an extension of stay, or 3) adjustment of status to temporary or permanent resident, unless eligible under section 245(c)(4) of the Immigration and Nationality Act. Violation of these terms will subject you to REMOVAL.

Please indicate you have read and understand the information provided above:

Yes, I have read and understand the information and agree to these terms.

No, I need additional clarification or I decline to provide acknowledgment.

 

 

 

 

 

So, the fact that he read this and still decided that this was the way to move permanently/ get a job or work permit in the US is...  not great.  Or didn't read it at all. Neither of those options are any way to start a new life with someone. I'd encourage you to really think about that action for a little while. 

 

Beyond that, you both are free to meet in the UK or any third country of your choosing. His work visa in Canada won't prevent him from entering as a tourist (or shouldn't-- he'd need to check with the Canadians though just to be sure) and you can enter the UK visa-free as a visitor. Anything beyond being a visitor and you'll need to look into visa requirements. He's not likely to get a visit visa at this point, and his visa-free privileges are over.This is the same the world over. People with strong passports (US, UK and others) can visit visa free in most of the world (BUT CHECK-- many countries require visas for everyone) but most countries require some kind of pre-arrangement for immigration or work. It's normal to not realize this-- we all had to learn it sometime, but most people figure it out before we quit jobs and get on a trans-Atlantic flight. 

[N-o-l-a 7,167]

19 minutes ago, Jennifer W said:

We don't have the money to have reoccurring visits, travel is expensive.  

 

 

You have a house, no?  Perhaps it is time to think about priorities in terms of life/marriage/finances.  Immigration is massively expensive and it isn't just the filing fees that are going to hurt - it is all the costs associated with an immigrant adjusting to life in a new country, etc.   

 

You don't just get married because you want to see someone on the regular.  You need to really consider how the two of you will build a life together, how you feel about children, religion, finances, intimacy, working, morals, life goals, etc.  Do you have the same level of physical needs as your partner?  Do they support you and you them in the emotional ways required?  

[DrEllaNJ 288]

3 minutes ago, Jennifer W said:

We don't have the money to have reoccurring visits, travel is expensive.  

 

the visa process is expensive as well, you're looking at $2000-2500 or so.

I can't tell you how many of my American friends had no idea what it entailed to get a green card through marriage. I have also been contacted a number of times by friends from the Netherlands who wanted to come here to work -without job offer or visa- and had no idea that was not possible. All this to say, don't feel too bad, you were part of the 90% of people who had no idea about this whole process. But now you know it's more complicated than you thought... 

 

I agree with previous posters though, marriage is not to be entered into lightly... Romance is fun but like a lot of other people, I've dated guys that were all romantic and fun for a while but we could never have made living together/marriage commitment work. The immigration process adds a whole other layer of stress and complexity to the relationship. It is difficult to imagine how you can prepare for that if your relationship is "just" based on 5 months of Skype contact.

 

Btw, Icelandair has fairly inexpensive tickets and is pretty much the only place midway between UK/US. perhaps look into meeting there? 

[Pennycat 880]

24 minutes ago, Jennifer W said:

We don't have the money to have reoccurring visits, travel is expensive.  

 

 

You've just got to make it work. My husband and I both took second jobs to fund my continued visits. I got really good at the credit card travel points game (I haven't paid for a flight since October 2015 at this point). You just deal with the distance. It's difficult, we know. We ALL know. You are preaching to the choir here as just about everyone on this site has been through an extended period of time in a long distance international relationship. We've ALL been there done that, seen others go through it, and we're pretty much all saying "whoa there, sparky, hit the breaks for a minute".

 

You clearly don't want to hear this but I think we'd all feel irresponsible for not saying it, especially as most of us have been here long enough to have seen some real go down.

 

 

[AshMarty 359]

24 minutes ago, CatherineA said:

 

You've just got to make it work. My husband and I both took second jobs to fund my continued visits. I got really good at the credit card travel points game (I haven't paid for a flight since October 2015 at this point). You just deal with the distance. It's difficult, we know. We ALL know. You are preaching to the choir here as just about everyone on this site has been through an extended period of time in a long distance international relationship. We've ALL been there done that, seen others go through it, and we're pretty much all saying "whoa there, sparky, hit the breaks for a minute".

 

You clearly don't want to hear this but I think we'd all feel irresponsible for not saying it, especially as most of us have been here long enough to have seen some real go down.

 

 

My husband and I both took up second jobs as well for two years to save for the trips and also save for the immigration process (he was unable to work for 6 months after he immigrated here because of the time it takes for EAD approval these days). There were a lot of unexpected expenses that arouse in this time (including our only car being totaled by someone that ran a stop sign). Luckily we had made a wise choice in focusing on our savings prior to his immigration.

 

 

Edited November 28, 2017 by AshMarty

[yuna628 9,530]

1 hour ago, Jennifer W said:

We don't have the money to have reoccurring visits, travel is expensive.  

 

If you don't have enough money for several visits, then it is unlikely you will have enough money to make it through the visa process - either stateside or in the UK for sure. Being together requires love and patience for any normal relationship.... but for LDRs... it requires much more than that. This may be very hard to hear, but I think you both will need a lot of time and experience, let alone savings, before even thinking about a marriage-immigration process.

[databit 328]

7 hours ago, Jennifer W said:

... I'm 23 and own a house here, have a stable job - while he is 21 and has pretty much no ties to the UK.

 

And are you completely relaxed about needing to add him to the ownership of your house, and putting him on your bank accounts? Being responsible for any debts he incurs? That's part off the process. The US expects you to share assets. If the marriage fails, you lose half of everything you own. Risk is the word you need to consider.

 

 

Edited November 28, 2017 by databit

[N-o-l-a 7,167]

4 minutes ago, databit said:

And are you completely relaxed about needing to add him to the ownership of your house, and putting him on your bank accounts? Being responsible for any debts he incurs? That's part off the process. The US expects you to share assets. If the marriage fails, you lose half of everything you own. Risk is the word you need to consider.

 

You don't actually need to add a person to the deed of a house to get through immigration.  Only I own our house, for example.

 

However, you are correct in that USCIS does expect shared assets and the divorce laws vary state to state as to whether the marital home, even if only in one person's name, becomes some form of joint property.

[BigDaddy28 228]

1 hour ago, Jennifer W said:

Thank you for taking the time to explain everything so clearly.

 

What do you think about us going to Canada to get married? Then  both of us returning home and waiting for his greencard application?

 

Also do you think it is an issue that he has a work visa for canada? Would that cause issues with us trying to get a visitor visa? ( since he wont be going there for a job )

 

Would love your opinion, thanks !

First of all some of the comments that I seen to tell a woman or a man to slow down on a relationship. You are in no place to tell anyone what they want to do in their life. They are adults and they can choose whether to get married or not. I got married with my wife when I was 21, we met 6 months before that and now I'm 29 happily married with 3 kids. So Jennifer, if you know he is the right one and you know it's true love, do as you please. You are the one who knows him best, love him and you are the one marrying him. Forget about who else who told you to slow down. Floor the paddle if you had too looool. 

 

Alright now my rant is over, I'm gonna talk about your case. You can try to call CBP and see if there was any ban placed on him (highly unlikely, but just to know where you stand). Getting married in UK requires a visa, without it you won't be able to. If I were you look for a country like France, Spain, Germany... one that doesn't require a special visa to get married there. If you found it, go there get married and spend your honeymoon there (2 birds with one stone). If you do that route you will have to apply for CR1 visa (takes around 1 year) and your future husband will get a green card once he crosses the border and he can work as soon as he comes here.  

If you want to go meet up, see each other, give him a chance to officially propose to you, you can do that and than apply for a fiance visa (k1 visa). When he comes here you have 90 days to get married and than adjust his status (which can take from 6 to 1 year) and he can't work until he gets a work permit (around 6 months). 

 

So as I said its your decision whether to get married or not. and I outlined the routes you can take as you want. 

Good luck. 

[N-o-l-a 7,167]

2 hours ago, Jennifer W said:

Thank you for taking the time to explain everything so clearly.

 

What do you think about us going to Canada to get married? Then  both of us returning home and waiting for his greencard application?

 

Also do you think it is an issue that he has a work visa for canada? Would that cause issues with us trying to get a visitor visa? ( since he wont be going there for a job )

 

Would love your opinion, thanks !

 

Kind of interesting that he is 21, interested in an American and has a Canadian work visa.  Sounds like he doesn't want to live in the UK.

 

Honestly, Iceland might be a good option.  They even have wedding packages if you are super set on it.  

[N-o-l-a 7,167]

16 minutes ago, BigDaddy28 said:

First of all some of the comments that I seen to tell a woman or a man to slow down on a relationship. You are in no place to tell anyone what they want to do in their life. They are adults and they can choose whether to get married or not. I got married with my wife when I was 21, we met 6 months before that and now I'm 29 happily married with 3 kids. So Jennifer, if you know he is the right one and you know it's true love, do as you please. You are the one who knows him best, love him and you are the one marrying him. Forget about who else who told you to slow down. Floor the paddle if you had too looool. 

As someone who got married for the first time at 20, I can tell you I definitely wasn't thinking like an adult then.  It is just some wisdom being shared.  I'm 30 now, but on a second and better thought out marriage...