Visa granted, but...

[Teddy406 0]

Hello all,

If your visa is granted and stamped in your passport, but you do not end up going to the US, is there any action you need to take other than to let it expire?

Will it affect any future visit to the United States, such as the Visa Waiver Program? What about if you apply again?

I dont want to particularily go into the "whys and whathaveyous" over this, but right now, I'm not sure I will be able to go and be with my fiancée in the time allocated by the visa.

Thank You for any advice, and I wish everyone else here continuing success in their journey,

Teddy.

[TracyTN 237]

I know this doesn't answer all of your questions, but its possible that the consulate could 'extend' the visa (if you can't go over within the next six months).

Beyond that, if you plan not to use it at all, I would certainly inform the Department of State. (Your fiancee can call them from the states, or you can call the consulate.) I don't *think* it would effect future VWP visits, but hopefully someone wiser than me can answer that for sure.

If your fiancee ever petitions for you again (or petitions another foreign fiance), she will have to disclose this petition/visa.

Edited August 16, 2007 by TracyTN

[gwenneh 7]

We were in something of a similar situation, except we used our K-1 but then returned to the UK before filing AOS.

While *technically* it doesn't affect your ability to use the VWP, expect a nerve-wracking time having to explain it every time you enter the US. Bring plenty of information to back your intent to leave up, and remember that the people at the POE generally don't know their a*** from their elbow - while we have it in writing from the Embassy that there is nothing further my husband needs to do about this now long since expired visa, we have been told otherwise by officers at the POE (who, conveniently, don't know what it is that we need to do, that we need to speak with the Embassy, which we do, and they tell us the officer at the POE is wrong...)

This is my last letter from the Embassy on the subject. I have two, from different dates, both saying essentially the same thing:

Dear Mrs. Wark,

Thank you for your e-mail correspondence. From the information you have provided below, there is nothing that indicates your husband would not be eligible to travel visa free under the Visa Waiver Program (VWP) if otherwise qualified. Provided that he meets all the conditions of the VWP, you husband is not required to apply for a visa. Please refer to the U.S. Embassy website: http://london.usembassy.gov/cons_new/visa/niv/vwp.html for a detailed explanation of the Visa Waiver Program requirements.

The presence of a K-1 visa application indicates that at one time your husband had intent to immigrate to the United States, even if that is not reflective of your current situation. The final determination of who is allowed to enter the United States is at the sole discretion of the Immigration officer at the port of entry. The immigration officer must be satisfied that your husband is not an intending immigrant and that he intends to depart the U.S. after a temporary stay.

We advise that your husband carry evidence of his ties and intent to return to the UK when he travels, in the event that Immigration officials request clarification.

You are correct that you do not need to file to formally abandon permanent residency if you and your husband have never formally applied for adjustment of status in the first place. It appears you were incorrectly advised regarding this matter.

I hope this information has been helpful and responsive to your inquiry.

Sincerely,

Consular Information Unit

U.S. Embassy, London

CONS/CIU/MLPM

Edited August 17, 2007 by Gwen666

[Jasman0717 8]

The K-1 visa is valid for six months. If it isn't executed it will expire and be null and void.

[Teddy406 0]

The K-1 visa is valid for six months. If it isn't executed it will expire and be null and void.

Thanks.

Where is the best place to look for UK visas and information?

It is looking like my fiancée might come here now instead. When we get married, it will still hopefully be in the US, but right now, we are looking at living together in the UK first, then going at a later date to marry. Is this possible? To bring a long term partner over to the UK to live with but without a wedding planned?

Teddy.

[TracyTN 237]

I don't believe there is a 'get to know you' UK visa, either. I'd google it - but I'm pretty sure you can only get spousal visas or fiance/e visas (and at that, you have to get married 6 months after the foreign fiance/e arrives).

[Lansbury 19]

The K-1 visa is valid for six months. If it isn't executed it will expire and be null and void.

Thanks.

Where is the best place to look for UK visas and information?

It is looking like my fiancée might come here now instead. When we get married, it will still hopefully be in the US, but right now, we are looking at living together in the UK first, then going at a later date to marry. Is this possible? To bring a long term partner over to the UK to live with but without a wedding planned?

Teddy.

I am fairly sure she could only come as a visitor and I bet a pound to a penny the UK immigration officer at the port would deny her entry if they got wind of the circumstances. If she did get in as a visitor it would only be 6 months at most. She could come on a fiancee visa or spouse visa but I guess that isn't what you are looking for.

UK visa info at http://www.ind.homeoffice.gov.uk/

[rebeccajo 14]

The K-1 visa is valid for six months. If it isn't executed it will expire and be null and void.

Thanks.

Where is the best place to look for UK visas and information?

It is looking like my fiancée might come here now instead. When we get married, it will still hopefully be in the US, but right now, we are looking at living together in the UK first, then going at a later date to marry. Is this possible? To bring a long term partner over to the UK to live with but without a wedding planned?

Teddy.

I am fairly sure she could only come as a visitor and I bet a pound to a penny the UK immigration officer at the port would deny her entry if they got wind of the circumstances. If she did get in as a visitor it would only be 6 months at most. She could come on a fiancee visa or spouse visa but I guess that isn't what you are looking for.

UK visa info at http://www.ind.homeoffice.gov.uk/

That's correct.

And for all the opinions one can read on the web about UK immigration being easier and simpler than in the US, there's definitely one area where it's not easier.

Once a USC enters the UK, they can't just up and marry their UK partner. The United Kingdom will not issue marriage licenses (or whatever they may be called over there) to any couple unless both are either UK citizens or the non-citizen partner has a fiance visa.

At least in America a VWP entrant from the UK can marry in the US. You can't do that across the pond.

[addy 0]

My boyfriend and I are in the same pickle like you. We were trying to look for visas where we can just live together. The only ones we've seen are spousal visas and the fiancee visa but I believe the spousal visas are more for the same sex couples? I think I have seen that information in the visa site so we have decided to go ahead and file for the fiancee visa.

[jlivings99 0]

I think the UK recognizes long-term relationships even if the couple is not married. I remember something about a 2 year relationship but you would have to check with UK visa info.

[gwenneh 7]

That't the civil partnership visa, which requires you to prove that you have cohabited for two years in order to be eligible. That's the one geared to same-sex couples.

[MargotDarko 0]

That't the civil partnership visa, which requires you to prove that you have cohabited for two years in order to be eligible. That's the one geared to same-sex couples.

It allows for same-sex couples, but heterosexual couples can just as easily use it.

[VisaJourneyLady 33]

Now this is an area I know about!

The term 'Civil Partnership' only applies to Same-sex couples who have had a civil partnership ceremony (very similar to marriage).

If you've lived together for 2 years or more, you can apply for an Unmarried Partner Visa otherwise known as Further Leave to Remain if you're in the country, if you're not in the UK, you need to apply directly to the consolute for the equivilent visa but it's also an entry clearance. This is granted for 2 years. You can then apply for 'Indefinite Leave to Remain' effective PR Status for the UK.

If you've lived together for 4 years you can go straight to ILR.

FLR is processed in about 6 weeks for £400, or you can do it in person in Croydon, Birmingham, Liverpool or Glasgow for £600 and it's processed the same day. There's no interview unless you go in person.

Here's some more info

http://www.ind.homeoffice.gov.uk/6353/1140...r(o)guidmay.pdf

http://www.ind.homeoffice.gov.uk/6353/1140...t(m)guidmay.pdf

Hope all that helped.

xx

[Lansbury 19]

That't the civil partnership visa, which requires you to prove that you have cohabited for two years in order to be eligible. That's the one geared to same-sex couples.

It allows for same-sex couples, but heterosexual couples can just as easily use it.

Only if you have had the equivalent of a Civil Partnership, in which case you would be married

[addy 0]

"If you've lived together for 2 years or more, you can apply for an Unmarried Partner Visa otherwise known as Further Leave to Remain if you're in the country, if you're not in the UK, you need to apply directly to the consolute for the equivilent visa but it's also an entry clearance. This is granted for 2 years. You can then apply for 'Indefinite Leave to Remain' effective PR Status for the UK."

That was the one wrinkle for me and my man. Since we have never lived together, we were stuck on what to do next.