K1 Visa Filing and Visiting advice.

[Becker 17]

5 hours ago, jaysaldi said:

I agree with all the advice given on this thread.

 

I just want to add this.

 

Although it's perfectly legal for foreigners to get married in the USA and then return home, CBP officers are vigilant about sniffing out foreigners who intend to marry in the USA and then stay and adjust status. 

 

So if your fiance arrives in the USA for a visit and tells the CBP officer "Im here to get married" the CBP officer's eyes may bug out of his head and he may refer your fiance to secondary inspection and demand "proof" that your fiance plans to return to the UK. Like proof of a job there, property, a rental lease, enrolled in school, stuff like that.  And of course a return ticket.

 

CBP may be especially vigilant now because due to the virus and the USCIS backlog more and more couples might be trying to minimize travel and delays by marrying and adjusting status.

 

So I would advise your fiance to carry more than the usual paperwork showing that he/she really plans to return to the UK after the wedding. And also carry that on future visits after the marriage.

 

I have read on a lot of websites that you don’t tell them you’re there to get married unless directly asked. I will say I’m visiting my girlfriend/fiancé and that’s it. And of course I will carry whatever is necessary to prove I am going to be back in the UK after my stay. As others have said, nothing is fraud unless I marry and attempt to remain in the country, which I will 100% not be doing when it happens. Thanks for the reply! 

[jaysaldi 209]

6 hours ago, Becker said:

I have read on a lot of websites that you don’t tell them you’re there to get married unless directly asked. I will say I’m visiting my girlfriend/fiancé and that’s it. And of course I will carry whatever is necessary to prove I am going to be back in the UK after my stay. As others have said, nothing is fraud unless I marry and attempt to remain in the country, which I will 100% not be doing when it happens. Thanks for the reply! 

I think that's a very bad idea. If you say "I'm visiting my girlfriend" and then they find out by asking more questions or searching your luggage or your phone or your social media or by calling your girlfriend that you are planning to get married, then they are REALLY going to suspect that you are planning to overstay.

 

When you arrive in the USA to get married, the proper response to "purpose of your trip?" is "to get married."  Fraudsters don't say that. Fraudsters say they are just visiting friends or family and try to conceal their wedding plans. Don't do that. 

[Becker 17]

2 hours ago, jaysaldi said:

I think that's a very bad idea. If you say "I'm visiting my girlfriend" and then they find out by asking more questions or searching your luggage or your phone or your social media or by calling your girlfriend that you are planning to get married, then they are REALLY going to suspect that you are planning to overstay.

 

When you arrive in the USA to get married, the proper response to "purpose of your trip?" is "to get married."  Fraudsters don't say that. Fraudsters say they are just visiting friends or family and try to conceal their wedding plans. Don't do that. 

I think you’re missing the point. Plus, we have told them 2-3 times a year for the past 5 years that the purpose of visit is to see bf/gf both in the UK and USA and we have never had a problem. They cannot prove the sole purpose of my trip would be to get married because it is not. It is a thing we will do but unless they directly ask or directly tell us we cannot get married, it is not fraud or lying. Obviously if they said something to do with marriage (I don’t see why they would) we would then tell the truth. But after 5 years of travelling back and forth, the question or suspicion has never been put forward. 

[Becker 17]

3 hours ago, jaysaldi said:

I think that's a very bad idea. If you say "I'm visiting my girlfriend" and then they find out by asking more questions or searching your luggage or your phone or your social media or by calling your girlfriend that you are planning to get married, then they are REALLY going to suspect that you are planning to overstay.

 

When you arrive in the USA to get married, the proper response to "purpose of your trip?" is "to get married."  Fraudsters don't say that. Fraudsters say they are just visiting friends or family and try to conceal their wedding plans. Don't do that. 

Can someone clarify the best approach for answering questions when being admitted under the VWP. Obviously I won’t be travelling for a little while but do I say I’m visiting girlfriend, fiancé or getting married. I have read posts and got the impression not to say anything in regards to marriage unless specifically asked. Thanks in advance. 

[Scandi 3,977]

I was always honest. Whenever they asked why I was there I told them that I was going to see my bf, and later on fiance. It was never an issue and I was never sent to secondary or anything. 

[Marieke H 2,328]

17 minutes ago, Becker said:

Can someone clarify the best approach for answering questions when being admitted under the VWP. Obviously I won’t be travelling for a little while but do I say I’m visiting girlfriend, fiancé or getting married. I have read posts and got the impression not to say anything in regards to marriage unless specifically asked. Thanks in advance. 

You are overthinking it. Just tell the truth and don't be secretive about it. You will be visiting your fiancée, not girlfriend (because you are planning to get married). You can tell them that you are getting married, or wait for them to ask. It really doesn't matter, as long as you can show that you will be going home (to a job, a house, other responsibilities).

[geowrian 22,336]

1 hour ago, Becker said:

They cannot prove the sole purpose of my trip would be to get married because it is not. It is a thing we will do but unless they directly ask or directly tell us we cannot get married, it is not fraud or lying. Obviously if they said something to do with marriage (I don’t see why they would) we would then tell the truth.

"They cannot prove" -> never take this approach with immigration. Answer honestly. Anything else can come back to hurt you.

They don't need to prove anything...if you apply for an immigration benefit, the burden is on you not them. See https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3.

Quote

The burden of proof to establish admissibility during the immigration benefit-seeking process is always on the applicant. During the adjudication of the benefit, the burden never shifts to the government.

 

I'm not saying "to visit my fiancee" - or anything along those lines - is incorrect. It seems that is what most people say and I have no reason to believe it is incorrect.

I'm just pointing out that a response that omits relevant details can be held against you. Don't think they need to catch you in a lie or you need to explicitly lie for it to be an issue.

Quote

If the evidence shows that the person was reasonably aware of the nature of the information sought and knowingly, intentionally, and deliberately concealed information from the officer, then the officer should find that the applicant consciously concealed and willfully misrepresented a material fact. 

 

Good luck.

[Becker 17]

8 minutes ago, geowrian said:

"They cannot prove" -> never take this approach with immigration. Answer honestly. Anything else can come back to hurt you.

They don't need to prove anything...if you apply for an immigration benefit, the burden is on you not them. See https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3.

 

I'm not saying "to visit my fiancee" - or anything along those lines - is incorrect. It seems that is what most people say and I have no reason to believe it is incorrect.

I'm just pointing out that a response that omits relevant details can be held against you. Don't think they need to catch you in a lie or you need to explicitly lie for it to be an issue.

 

Good luck.

Okay well I can definitely tell the truth and have no problems doing so. What is the best way to prove intentions to return home. I don’t own/rent the place I live at and I’m currently employed for a job that requires me to work at home so I’m taking my laptop with me. I’ve read a lot of posts saying how difficult it is to convince the officers that you intend to return even with a return flight booked. What would be the best way to convince them in my situation? 

[geowrian 22,336]

32 minutes ago, Becker said:

Okay well I can definitely tell the truth and have no problems doing so. What is the best way to prove intentions to return home. I don’t own/rent the place I live at and I’m currently employed for a job that requires me to work at home so I’m taking my laptop with me. I’ve read a lot of posts saying how difficult it is to convince the officers that you intend to return even with a return flight booked. What would be the best way to convince them in my situation? 

Honestly, your passport will be the strongest piece of evidence that you will return home. Traveling via the VWP is rarely denied entry unless one has been working, staying to often, etc.

Usually the best things you can bring are things showing a firm date you are due back. Like an letter form your employer. It sounds like that isn't applicable here, though. It is what it is. What compels you to return home?

 

No issue taking your laptop with you. But be very careful about crossing the line into active employment while physically in the US. There are both potential immigration and tax consequences for doing so.

 

A return flight is a requirement of the VWP. Even then, a return flight dos not show intent to return home. Nearly every person that entered by air and overstayed or filed for AOS has a return flight that went unused.

[SalishSea 16,836]

5 hours ago, Becker said:

They cannot prove the sole purpose of my trip would be to get married because it is not.

"They" don't have to prove anything.  The burden of proof of intent is on the VWP/visa holder when they ask to be admitted to the US at the port.

 

Do not fabricate reasons for the visit at CPB.  They're not stupid, and you could jeopardize your future by doing this.

[SalishSea 16,836]

3 hours ago, Becker said:

I’m currently employed for a job that requires me to work at home so I’m taking my laptop with me.

Working is also not permitted whilst visiting the US on an ESTA.

Edited June 13, 2020 by Jorgedig

[Becker 17]

5 minutes ago, Jorgedig said:

Working is also not permitted whilst visiting the US on an ESTA.

I did not say i was going to work. It was merely to be shown as proof of my job that requires me to be in the UK while working.

 

Also for the previous comment, i do not intend to lie at all. I am not risking anything to jeopardise anything. I am just trying to find answers as to how to respond to the officer when entering. Like when he says "what is the purpose of your visit" do i say to be with my fiance or to get married. Then, if i say the get married route, i have mentioned i have minimal proof that would be substantial if they need it. As i said, a job that I work from home, no house owned in my name and no car in my name. Thanks

[SalishSea 16,836]

1 minute ago, Becker said:

I did not say i was going to work. It was merely to be shown as proof of my job that requires me to be in the UK while working.

 

Also for the previous comment, i do not intend to lie at all. I am not risking anything to jeopardise anything. I am just trying to find answers as to how to respond to the officer when entering. Like when he says "what is the purpose of your visit" do i say to be with my fiance or to get married. Then, if i say the get married route, i have mentioned i have minimal proof that would be substantial if they need it. As i said, a job that I work from home, no house owned in my name and no car in my name. Thanks

I'm sure you can see that all of those factors, when taken together, could lead CBP to see you as high risk for overstay.

[Becker 17]

5 minutes ago, Jorgedig said:

I'm sure you can see that all of those factors, when taken together, could lead CBP to see you as high risk for overstay.

Which is why I’m here asking questions on how to approach my situation. I have a few things in my favour such as visits to the same location in USA for 4-5 years straight. But other evidence is not as strong in my favour. I genuinely don’t know how to approach the next time I am in front of a CBP officer. 

[HRQX 4,145]

13 hours ago, Becker said:

Obviously I won’t be travelling for a little while

Currently, you can visit the US via VWP if you first spend 14 days in an unrestricted country (i.e. Serbia, Belarus, South Korea, etc.) and then travel to the US without transiting through Schengen Area, UK, Ireland, Brazil, China, or Iran.