"Note on my file"...? help/advice please!

[Viridian 10]

Hi. I'm a British citizen with a K-1 visa application currently processing - my fiance and I recently responded to a RFI and are hoping to be approved very soon. Since submitting our visa application in October, I have visited the country several times using the VWP. I have never overstayed or breached any of the terms of the ESTA, but have entered the country frequently over the past year (for those who care: I've been in the 'writing up' stage of a PhD thesis, meaning that it hasn't particularly mattered where I am as long as I periodically check in with my home institution in the UK).

 

Last Friday, I entered the US through New York to visit my fiance. The border agent decided that my frequent visits looked suspicious, and sent me to the 'back room.' Here, I was (eventually) told by a different CBP agent that the VWP was not intended for such frequent visits, and that if I wanted to enter the country in future, I would need to apply for a tourist visa. The agent said that he had "put a note on my file" to flag this up the next time I enter the country, but that he would let me enter on this occasion.

 

My main question is: is this note likely to have any effect on my K-1 application? I'm very worried that it will slow things down or even jeopardise my ability to obtain the K-1/green card, even though I haven't broken any rules.

[Roel 7,191]

It will not affect your K1 process.

But you probably should not try to use your VWP anymore or risk getting denied entry.

[Cyberfx1024 7,978]

7 minutes ago, Viridian said:

Hi. I'm a British citizen with a K-1 visa application currently processing - my fiance and I recently responded to a RFI and are hoping to be approved very soon. Since submitting our visa application in October, I have visited the country several times using the VWP. I have never overstayed or breached any of the terms of the ESTA, but have entered the country frequently over the past year (for those who care: I've been in the 'writing up' stage of a PhD thesis, meaning that it hasn't particularly mattered where I am as long as I periodically check in with my home institution in the UK).

 

Last Friday, I entered the US through New York to visit my fiance. The border agent decided that my frequent visits looked suspicious, and sent me to the 'back room.' Here, I was (eventually) told by a different CBP agent that the VWP was not intended for such frequent visits, and that if I wanted to enter the country in future, I would need to apply for a tourist visa. The agent said that he had "put a note on my file" to flag this up the next time I enter the country, but that he would let me enter on this occasion.

 

My main question is: is this note likely to have any effect on my K-1 application? I'm very worried that it will slow things down or even jeopardise my ability to obtain the K-1/green card, even though I haven't broken any rules.

No, it will not affect your K-1 visa application at all.So please do not worry about that.

[Viridian 10]

8 minutes ago, Roel said:

It will not affect your K1 process.

But you probably should not try to use your VWP anymore or risk getting denied entry.

 

2 minutes ago, Cyberfx1024 said:

No, it will not affect your K-1 visa application at all.So please do not worry about that.

Thanks Roel and Cyberfx1024. I definitely won't be attempting to enter the country on the VWP again, and if I'd known it might cause problems I would have been more careful. I've been doing everything by the book, so it was frustrating to be blindsided like this!

[Cyberfx1024 7,978]

2 minutes ago, Viridian said:

 

Thanks Roel and Cyberfx1024. I definitely won't be attempting to enter the country on the VWP again, and if I'd known it might cause problems I would have been more careful. I've been doing everything by the book, so it was frustrating to be blindsided like this!

It's ok and don't worry about it. When you mean "entered the country frequently over the past year" how frequently are we talking about here?

[Viridian 10]

Very frequently! Here's a copy/paste from my I-94. Over the last year I've entered six times, not counting last week. What made them suspicious (understandably) was probably the fact that in March I entered twice - once for a job interview in Washington D.C., and then again five days later to attend an academic conference in New Orleans. The reason for this was that my trip to D.C. was booked last-minute by the organisation, while I'd booked the New Orleans flights myself months earlier and couldn't have changed them without incurring a substantial fee.

 

1	2018-05-18	Arrival	NEW
2	2018-04-16	Departure	NOL
3	2018-03-20	Arrival	NOL
4	2018-03-15	Departure	WAS
5	2018-03-13	Arrival	DBL
6	2018-01-28	Departure	Unavailable
7	2017-12-28	Arrival	PHO
8	2017-12-20	Departure	Unavailable
9	2017-12-09	Arrival	CHI
10	2017-10-22	Departure	Unavailable
11	2017-09-16	Arrival	CHI
12	2017-07-26	Departure	Unavailable
13	2017-06-30	Arrival	PHI

[mcdull 474]

5 minutes ago, Viridian said:

Very frequently! Here's a copy/paste from my I-94. Over the last year I've entered six times, not counting last week. What made them suspicious (understandably) was probably the fact that in March I entered twice - once for a job interview in Washington D.C., and then again five days later to attend an academic conference in New Orleans. The reason for this was that my trip to D.C. was booked last-minute by the organisation, while I'd booked the New Orleans flights myself months earlier and couldn't have changed them without incurring a substantial fee.

 

1	2018-05-18	Arrival	NEW
2	2018-04-16	Departure	NOL
3	2018-03-20	Arrival	NOL
4	2018-03-15	Departure	WAS
5	2018-03-13	Arrival	DBL
6	2018-01-28	Departure	Unavailable
7	2017-12-28	Arrival	PHO
8	2017-12-20	Departure	Unavailable
9	2017-12-09	Arrival	CHI
10	2017-10-22	Departure	Unavailable
11	2017-09-16	Arrival	CHI
12	2017-07-26	Departure	Unavailable
13	2017-06-30	Arrival	PHI

whoa. 

 

good news is that your K1 will not be affected.

[yuna628 9,547]

This will not affect your K1. However you should not use the VWP ever again to visit the US... which is fine, because with the K1 you'll soon be immigrating here. You stated however that you were going for a job interview. I just want to make you aware that you will be unable to work in the US until you are authorized to do so. After marriage you must apply for adjustment of status. This will take over a year to obtain a green card. If you file for temporary employment authorization (EAD) with your adjustment application, this will arrive first... within 90-120+ days. The reason I mention this is that as a K1 you should not have any expectations in the job market until you've got things locked down with that paperwork after marriage and you've at least got the EAD.

 

The VWP is not for long term and constant frequent visits. The goal is to spend as much time out of the US as you are in it. There would also likely be a question as to how much ties to home you'd have with so many visits and the expense it costs. You need to have big gaps of room. You are extremely lucky that they allowed you to pass anyway, but either way... don't plan on coming back in until your fiancé visa is in your hands.

[Viridian 10]

2 minutes ago, yuna628 said:

This will not affect your K1. However you should not use the VWP ever again to visit the US... which is fine, because with the K1 you'll soon be immigrating here. You stated however that you were going for a job interview. I just want to make you aware that you will be unable to work in the US until you are authorized to do so. After marriage you must apply for adjustment of status. This will take over a year to obtain a green card. If you file for temporary employment authorization (EAD) with your adjustment application, this will arrive first... within 90-120+ days. The reason I mention this is that as a K1 you should not have any expectations in the job market until you've got things locked down with that paperwork after marriage and you've at least got the EAD.

Thanks yuna628. I do understand this and have no intention of taking up work in the US until I am legally authorised to do so. The employer I interviewed with is a major organisation which recruits internationally and regularly sponsors work visas, and I made them fully aware of my specific situation before I applied. First and foremost, I want to get married to my partner and live in the US with her. This particular job opportunity came up after we'd submitted all the paperwork for that, and was simply too good to pass over. But I fully understand that taking up any position is contingent upon receiving work authorisation.

[Brittani 484]

No, this will not affect your K1 visa however if you visit again and get denied...it might.

 

Me and my fiance have a daughter together and he's also a UK citizen so it uses the his esta through the VWP and obviously he visits us frequently. He'll come for about two months at a time then go back for two to three months to work and save up money. We've been doing this since her birth in February 2016. We submitted our petition for the K1 in October 2017 and he came to visit in January this year POE Orlando, FL. He was stopped for secondary inspection as well. They treated him as if he was a criminal and told him he had taken advantage of the esta. He never overstayed 90 days so this was a first to us and they actually told him do not come back until you have the K1 and if he does it could be denial. I personally think it was a scare tactic but none the less we have followed his directions and he's been gone since March 1st. We were approved on April 13th and his interview is June 12th.

 

Just sharing our similar experience. I'm sorry it happened to you. If you're anything like us you're trying to do everything by the book so why chance screwing that up. Unfortunately, they don't see it this way but you will be fine with your K1 process.