New and Confused

[BeckyC 0]

First time poster

I am an American citizen engaged to a man from Dromore Northern Ireland.

We are beginning the process of the applying for the K-1 visa so he can come to the US and we can marry.

He has visited me several times in the past year on a tourist visa each time and is planning to come back and spend Christmas and New Year with me as well. All his trips have been less than a month in length so he has never violated any sort of stay duration.

I was told that immigration won't look kindly on these visits and may veto our petition because of them. Is that really true? I understand that if he came over and we got married while he was here they would certainly have cause to question the "spontinaity" of the marriage - but we are not doing that. We are going through the proper channels and starting with the K-1.

Can anyone else give me input into the situation? I would really hate to spend the holidays without him, but I also don't want any suspicions raised by his visits to me as well.

Thank you so much!

Becky

[YuAndDan 153]

I was told that immigration won't look kindly on these visits and may veto our petition because of them. Is that really true? I understand that if he came over and we got married while he was here they would certainly have cause to question the "spontinaity" of the marriage - but we are not doing that. We are going through the proper channels and starting with the K-1.

Can anyone else give me input into the situation? I would really hate to spend the holidays without him, but I also don't want any suspicions raised by his visits to me as well.

Thank you so much!

Becky

Absolutely not true, in fact the more that a couple visits each other, the better it looks showing a committed relationship. Edited September 4, 2007 by YuAndDan

[AUBGER 0]

I agree that it's not true

First and first of all...WELCOME TO VJ

I was so confused the first time I came here but this place has explained stuff to me so much better than even the lawyer we hired (THAT was a waist of money).

Anyways...Hos visits are of no harm to anybody. Just go ahead and apply for the visa. Don't forget to read the Guides of how to do it and stuff. They are extremely clear and helpful

Good luck to you in your journey and welcome among us!

[*julez* 124]

Visits are good. They prove that you have met within the last 2 years and have an ongoing relationship. Both of which are key to I129f and K1 approval.

Welcome to VJ and good luck on your journey!!!

Edited September 4, 2007 by julezabelle

[Sinergy 3]

You will be fine welcome to VJ and good luck

[Kazan' Tiger 1]

Completely false! He can come as often as he likes! You are only proving a valid relationship over and over again. So don't spend the holidays alone out of fear!

[rebeccajo 14]

Completely false! He can come as often as he likes! You are only proving a valid relationship over and over again. So don't spend the holidays alone out of fear!

He can come as often as CBP will admit him. If in their estimation, he is using the VWP to 'live' in America, he could be turned around.

The visits won't negatively impact the petition. A turnback could possibly invalidate his future VWP privileges (depending on whether or not they stamp his passport or just send him home).

We might be able to give you a wee bit better idea of his chances of being admitted next time if you tell us when he has visited, how long, and when exactly he intends to return.

Oh BTW.....Welcome! My husband is also from the North.....Londonderry to be exact.

Edited September 4, 2007 by rebeccajo

[BeckyC 0]

We might be able to give you a wee bit better idea of his chances of being admitted next time if you tell us when he has visited, how long, and when exactly he intends to return.

He was here for 4 days in May, 15 days in August and will be back on December 23rd and return on January 4th.

Thank you for all your input and for the warm welcome.

You have no idea how much I appreciate it.

Becky

[rebeccajo 14]

Well, IMO he hardly looks like a VWP abuser to me.

But, it's not up to you or I, it's up to the officer. Make sure he brings proof of ties to Drumore such as bank books, rental agreement, letter from his employer excusing him from work for XXX days and his expected return date - whatever you can scare up. Make certain he has a printed itinerary showing his return flight.

If the officer is satisfied he WILL be returning home, they will admit him. And those visits won't hurt your petition at all.

[rakkaus 0]

I understand that if he came over and we got married while he was here they would certainly have cause to question the "spontinaity" of the marriage - but we are not doing that. We are going through the proper channels and starting with the K-1.

That's the only pitfall to avoid, and you're already aware of it. Don't forget to keep those boarding passes, receipts, etc when you visit each other!

Edited September 5, 2007 by rakkaus

[vanee 13]

Welcome to VJ.

See the Yes, you can visit! thread for more information about visiting while the visa application is in process.

[RexMundi 0]

Welcome to the Forum. I'm a US Citizen, but born and bred in auld Belfast.

Enjoy the craic!

Edited September 5, 2007 by RexMundi

[westguard 0]

Too many visits on a Visa Waiver are frowned upon. If you do it too many times, a disgruntled immigration officer *could* deny entry.

I entered 3 times on my Visa Waiver. On the last time I did it, they asked a lot of questions and I opted to stop my visits until I had the K1 Visa in hand, just to be on the safe side. Once you are turned away on a Visa Waiver, I believe you lose that right for a long time (i.e. to enter on Visa Waiver again), which could cause problems with the K1 application.

But every case is different. The difficulty in answering this question is that there are really no hard and fast rules surrounding re-entry over and over. It really is at the discretion of the immigration officer as to what she/he does.

We solved the problem by my fiance visiting me in the UK instead and we never missed a holiday! We just didn't want to risk anything given our firm wedding date.