Fiancé visiting with her children

[LJ13 2]

Hey! My fiancé (UK) and I (US) want her to visit me next month. She has 2 children, 1 of which is disabled. We would like her and the kids to stay for a couple of months as her youngest is having surgery at the end of the year and will not be able to travel until after Christmas. My fiancé is a full time carer for her disabled son and rents her home in the UK. Will we have any issues with POE and customs letting them in the country? We have filed the K-1 and have our NOA1 and realize it’s going to be awhile before we are together permanently. She is worried that since her biggest tie to the UK is her children, and we would like a lengthy stay, customs my deny entry. Any advise?

[Crazy Cat 41,974]

What reasons do they have to return to the UK?   

[LJ13 2]

1st reason she has in returning to the UK is we want to follow the immigration law and do the process legally. 2nd reason would be that her son has a major surgery coming up. 3rd reason, she still has to button up her life in the UK. 

[SalishSea 17,915]

2 minutes ago, LJ13 said:

1st reason she has in returning to the UK is we want to follow the immigration law and do the process legally. 2nd reason would be that her son has a major surgery coming up. 3rd reason, she still has to button up her life in the UK. 

Those are not strong ties at all.   She may have a hard time of convincing the CBP.

[powerpuff 6,723]

5 minutes ago, LJ13 said:

1st reason she has in returning to the UK is we want to follow the immigration law and do the process legally. 2nd reason would be that her son has a major surgery coming up. 3rd reason, she still has to button up her life in the UK. 

These are not strong ties to the UK. I think your fiancé has valid reasons to worry about her entry. We can’t really help with predicting if she’ll be let in or not, it will be at the discretion of CBP.

[Crazy Cat 41,974]

8 minutes ago, LJ13 said:

2nd reason would be that her son has a major surgery coming up.

She needs be prepared to show documentation for that.  Even then, it might appear she is just trying to come in and stay....which is illegal.

[LJ13 2]

She does have family in the UK. Just not a job as she’s a full time carer for her son. Would a copy of her home and car lease help? Or maybe shortening her stay?

[powerpuff 6,723]

5 minutes ago, LJ13 said:

She does have family in the UK

Well, everybody has a family back home. What really counts is immediate family such as spouses or children 

 

5 minutes ago, LJ13 said:

Just not a job as she’s a full time carer for her son.

Job is usually the best way to show ties, this is not the case in your situation. I’d bring the home/car lease along with the surgery documentation. How long is the planned trip? 

[LJ13 2]

3 minutes ago, powerpuff said:

Well, everybody has a family back home. What really counts is immediate family such as spouses or children 

 

Job is usually the best way to show ties, this is not the case in your situation. I’d bring the home/car lease along with the surgery documentation. How long is the planned trip? 

We were planning on 2 months. Summer in Michigan is awesome. 

[Redro 4,611]

4 hours ago, LJ13 said:

We were planning on 2 months. Summer in Michigan is awesome. 

I love Michigan in the summer! 

2 months is fairly long. Would you consider shortening the stay to 1 month? 

Depending on the type of surgery the child needs it might not be a strong enough tie to the UK. 

Her strongest ties are you and her two children who will be flying with her... 

ETA she could always research flying through Dublin if she wants to clear US immigration before boarding. This way she doesn't have to worry about being refused entry after she lands in the US. 

 

Edited April 21, 2022 by ROK2USA

[Mike E 11,740]

4 hours ago, LJ13 said:

1st reason she has in returning to the UK is we want to follow the immigration law and do the process legally. 2nd reason would be that her son has a major surgery coming up. 3rd reason, she still has to button up her life in the UK. 

Is that son staying in the UK while she visits the USA?

[Redro 4,611]

2 minutes ago, Mike E said:

Is that son staying in the UK while she visits the USA?

Both children are visiting the US and she has a rental, she doesn't appear to own property. 

Edited April 21, 2022 by ROK2USA

[powerpuff 6,723]

11 minutes ago, ROK2USA said:

ETA she could always research flying through Dublin if she wants to clear US immigration before boarding. This way she doesn't have to worry about being refused entry after she lands in the US. 

This is a really good idea, especially when traveling with small children.

[Mike E 11,740]

10 minutes ago, ROK2USA said:

Both children are visiting the US and she has a rental, she doesn't appear to own property. 

Assuming that is the case, a CBPO will be considering whether mum will really delay a major surgery for her child versus taking advantage of the USA’s on demand system of health care.  

[Redro 4,611]

7 minutes ago, Mike E said:

Assuming that is the case, a CBPO will be considering whether mum will really delay a major surgery for her child versus taking advantage of the USA’s on demand system of health care.  

Surgery is only at the end of the year (maybe November/December)... don't know anything about the type of treatment/surgery the child needs but would it be possible for them to secure a sooner appointment in the US? I know some people do travel to the US from medical treatment. 

Edited April 21, 2022 by ROK2USA