UK_K1

I am currently adjusting status from K-1 to Green Card.

I have my work permit and have recently started work in the USA.

Having just done some quick calculations, it seems that I will be paying around $6000/year in Social Security and Medicaid Taxes.

Considering the I-134 and I-834 that my Wife signed both state that I will not become a public charge and that I am not entitled to any benefits, it seems rather harsh to me that I should have to pay this.

I looked online and it seems that I do have to pay it, with only non-resident aliens being eligible for a refund.

Is this correct?

Thanks in advance

Chez

I see. The USCIS and DOS don't agree on policy. Well do what you need to do.

1. Use your old ESTA because you 're ignorant of the particulars. If the airport guy is privvy to your recent 221(g) and knows the most subtle technicalities of immigration law, you might get further questioning or even future VWP privileges revoked. You won't be needing VWP after this trip.
2. Revise your ESTA and see if you can explain it all on an online form with a new ESTA granted or perhaps told to apply for a B1/B2 visitor visa in London.
3. Cancel the trip

I know what I would pick if I was in the pickle you're in. Good luck mate.

Thank you

My only real concern is this -

http://integrity-legal.com/legal-blog/us-visa-immigration/the-visa-waiver-program-221g-denials-and-esta/

I had my interview for a K1 visa today. All went fine and I would have been approved except there was a mistake on my Police Certificate (my fault). The Consular Officer said that I just need to get another certificate and send it in, along with my passport, and the Visa would be issued to me.

He gave me a blue slip, which I believe is a 221(g), but none of the boxes on it are checked (the ones at the top stating whether it's been denied/refused/requires AP etc), only the one box on the back asking that I send in a UK Police Certificate.

I can't get a new certificate before Christmas/New year and want to spend Christmas/New Year with my fiancee and friends in the USA, so would like to fly to the USA for Christmas and New Year, return to the UK shortly after New Year and then send off my Passport and Certificate to the embassy, returning to the USA on my K-1 visa once it's been issued.

I believe I am still eligible to travel under the Visa Waiver Program and I have an existing ESTA approval. Should I make a new ESTA application, update my existing application or can I just travel on my approved ESTA and explain/present info to the CBP officer if I get questioned at immigration?

Will the CBP officer at the airport know that I have applied for the K1 or the status of it? I have previously travelled under VWP while the K1 was being approved, but this was earlier in the process (while it was still with USCIS).

Is there anything I can do to improve my chances of being admitted by CBP? Obviously I will take as much proof as possible to show that I will be returning - Work Contract, Rental Agreement, print-out of the email confirming my application for a new Police Certificate and the blue slip I was given at the embassy are things that spring to mind immediately.

Thanks in advance.

Got a text today saying that my passport and visa will be delivered tomorrow!

I am slightly worried about the brown envelope that I have to hand in to customs at my POE. The only thing I have is a folded over, white A4 envelope with my name and LND number scribbled on it in sharpie. It's open, and not sealed, with a busted staple through the top.

I was under the impression that this should NOT be opened under any circumstance?

Wow - 4 working days from interview to delivery. Congratulations!

I hope the envelope isn't a problem for you - I'm sure those more knowledgeable will be able to advise!

Just an opinion and nothing I can quote a law book on but---

I think you have not been issued a visa until they print it and put it in your passport. They still run a final database check . Some AP people are told approved, but they fail the final database check and don't have a visa for months. Without your passport, I don't think the guy saying approved means you have a visa from that moment. ...well because there is no visa printed yet. I think the interviewer may just be recommending your approval. I' m sure others may see it differently.

I hope that is the case..

Call and make an appointment at a passport office and get a second passport- you have a perfectly valid and the most common reason for having one.

Leave second passport at embassy for the visa. If it is not back in time (and given the time of year/holidays coupled with my experiences this yr with DX secure, i wouldn't count on it being back), travel on your original passport under ESTA/VWP - or alternatively flip that and leave original passport with embassy and register your second for ESTA and travel on that- either will work.

Hassle yes, but at least you can travel.

I already tried that - they said that they will only issue a second passport for an ongoing business need for frequent travel

Yes, you should be able to do that. Then you call the courier to pick up your passport and pay a two wayfare...to the embassy and then back to you. People have done that that flew to London from a long distance for their interview, but needed their passport for their return flight back home. I remember various threads on the subject and which airlines would let you fly without your passport or how you would get home without it. The solution for some was what I said. That was the embassy's answer. Just tell them you don't want to miss Christmas with the fiancé. However if you already told them you have a wedding to get to, you may have tipped your hand. So what will you answer when they say "you know you can't get married or you won't be issued this visa?"

I would tell them the truth - that as we have friends flying over, we want to spend christmas/new year with each other and them, even if we can't have the wedding and will postpone the actual marriage until the visa is issued.

Just responded to your post in the pinned interview thread as well. Besides having to turn in your passport, you wouldn't be able to travel on VWP to the US given your approved K-1 visa status.

I hadn't thought about the implications of being approved.. I guess that would mean I am no longer eligible for VWP? eek

You can try your best and play the sympathy card with them to get it back ASAP or you could try and push out the wedding a little.

Unfortunately, the latter isn't an option. I guess it's the former.. or try to rearrange the interview..

If you're well aware, then why are you asking? Unfortunately for you, you're looking for someone to tell you "yes, you can go ahead and do that!" and that you aren't receiving said affirmation, you're getting upset. Like many others, when I entered this process, I was well aware that I was giving up control of a huge fraction of my life for a period of time to the US government, and thus, knowingly didn't make plans that couldn't be changed.

This process is far from over, so be prepared for the future! Good luck to you.

As you'll see I edited my post to clarify what I was aware of

Actually, what I was looking for was advice from someone with some real experience who could make an educated guess or offer advice based on what they'd seen in the past, not for someone to guess at what they may or may not do and suggest that there would be reason for me to not be admitted under the VWP (although there is obviously never any guarantee of entry).

EDIT - My bad, I apologise - I hadn't considered the implications of an approval on VWP eligibility.. guess I'll look that up now!!.. sigh.

Anyway, thanks for your input and well wishes and congratulations on your recent approval

As has been noted in the other thread you started, the typical process is to turn in your passport upon approval at the interview. Given that you want to travel to the US specifically, I doubt they will return it to you. Your making seemingly concrete plans before having been approved for a visa is not the embassy's problem. Even if you were to delay the interview at this point, there is still the likelihood of not being able to enter the U.S.

I'm well aware that "concrete plans" shouldn't be made until the visa is in hand, but thanks for the "school ma'am" tone. I hope everyone was so kind and supportive towards you as you went through this process

Edited to add - there is actually NO reason why I shouldn't be admitted to the USA while awaiting a K1 visa - as many people do it. I have even been over for 3 months while we were waiting, earlier this year. The key point is whether you have intent to stay (ie not return to your home country within 90 days of entry on VWP). I can truthfully say I wouldn't have intent to stay (as I haven't the previous 10 or so times I've been on VWP).

Doubtful. You shouldn't plan on leaving the UK until you have the passport and visa back in your hand. From there, you'll be in the US until the adjustment of status paperwork is filed along with the advanced parole request.

Given the holidays, you may not have your passport back until early January unless the embassy rushes to get everything done before Xmas.

I know this, however I have a need to travel by the end of the year. If it looks as though they can't get the passport back in time, surely they must have processes for letting you send in the passport at a later date (as they do with people who get asked (at the interview) to send in correct paperwork before they can be approved)? What if, for example, someone had a need to travel (not necessarily to the USA) shortly after their interview? Is the "correct" procedure to delay the interview, rather than attend it and ask to send in the passport upon your return from travel?

You choose the delivery address when you fill out the courier form. It has nothing to do with what is on your visa forms. The embassy turns it over to the courier and the courier uses the info you give them to address it.

I recall one person who got to pick theirs up, but that was a case of an embassy error and they were trying to make it up to him/her because she had to catch a flight. I think they had made an actual error or typo on the visa and it had to be re-done at the last minute when the person noticed it.

Does anyone know if I can keep hold of my passport if i'm approved and ask to send it in in the new year? This way, I'd be able to fly on VWP, have a party with my friends and family, return to the UK in the new year and get my visa, then return on the K1 and sign the marriage paperwork etc.

I'm getting really nervous that I'll hand the passport over, not get it back in time and end up stuck in the UK while all of my friends and family are in the USA, having flown from the UK, Australia and all over the USA.

So, even if I explain that I need to travel shortly after, they won't give me my passport back, even if I ask to take it and send it in later (as happens with people put in AP or who don't provide the correct paperwork)?

So, to cut a long story short, we applied back in March and (perhaps foolishly) booked a wedding for Dec 29th.

We now have an interview date for next Tuesday (18th Dec) at 9am.

My problem is whether I should leave my passport at the embassy (assuming I'm approved) or ask them if I can send it to them for the visa in early January.

We have a lot of friends flying in from the UK and Australia for the wedding and, if I won't get my visa back in time, I'd rather fly on VWP, have a party with my friends, return to the UK to get the visa, then fly back and sign the marriage paperwork with my fiancee.

Of course, if I do leave it with the embassy I may not get it back in time (or I may.. who knows), meaning that if I don't, I'll be stuck in the UK while all of my friends and family are in the USA without me.

If I don't leave it, I could get turned away at the border using the VWP (although I've not had a problem previously) and will have to spend extra to fly back to the UK, then back to the USA again (when I might have actually gotten the visa in time);

What would you guys/girls do?

Thanks!

UK_K1

As you've found out, they are averaging 3-4 weeks just to open and log your packet 3 into the system. Then another 2-3 weeks to give out an interview date. My fiancee was told by DoS that December and January are now fully booked and that they are booking February.

At this point, I'd say you best bet is to PLEAD your case to the interviewer. I do mean beg, shed tears, grovel, whatever it takes. No composed British stiff upper lip stuff. Ask if he can do anything to push it through. Ask the courier if anything can be done, what days they are working, if your address would get next day delivery etc. And I would be at the embassy at 7AM to be first in line so you are the first I-number processed for the day...and first in the visa printing queue.

Many get them faster than the stated time and an early in the week appointment is a plus. You could have it by Friday or Monday if you are approved, not Muslim, and born in the UK.

Thanks Nich-Nick - I will take your advice and get there as early as possible. I had already planned on begging!

I just wish I could go and get it as soon as it's ready..

I'll also check with the courier (presumably that is done at the embassy when you pay the courier fee etc?).

Do you know if you can have the visa delivered to a different address than the one on your application?

So, we got our interview date through today, for next Tuesday, 18th December.

Problem is we have a wedding planned for the 29th. Is there ANY way of getting the passport/visa back quicker than the quoted 5-10 days after interview at London?

I'd be happy to go and collect it from the embassy, collect it from the courier - anything at all..

With Christmas in the way, we only actually have 6 working days between the interview and the wedding - to miss out by a matter of a day or two would be soul-destroying!!

A good employer subsidizes for the family, to be sure. I have never heard of a place that does not.

UK-K1... preexisting conditions should not be a problem, either now, or very soon, due to the Affordable Care Act. I am not sure when the laws will be implemented, but check around - things are changing to help you.

January 2014, I believe

I just can't believe that it's $716, even unsubisidised.

You can get a private policy for 2 people with better benefits and a lower deductible for around $600-700. Of course, that's no good for us, due to my pre-existing conditions...

Thanks everyone.. unfortunately it seems that it may be right then, even though it's a ridiculous amount extra.

It is often more than for the employee, but unless you are much older or have pre-existing conditions, that quote seems excessive.

Surely that's irrelevant on an employer's health plan? I didn't think they could refuse anyone or charge more for pre-existing conditions or age? Also, we haven't yet provided any details like that.

Sounds excessive, you could get individual insurance even with precondition for less then that.

Unfortunately not, I'm diabetic and diabetes is considered uninsurable in Texas. Looks like we're going to have to stump up the money for her coverage and hope I get something better when I get a job.

My fiancee spoke to her HR department today regarding adding me to her employer's health plan.

The monthly cost for her insurance is $134. They want an additional $716 to add a spouse!

Does that seem like it could be right or is that as excessive as it seems to me (and her)?

Thank in advance!

I know I can't take anything electronic into the Embassy for my K-1 interview, but do they allow automatic (ie mechanical) wristwatches?

I'd like to at least know the time while sat there but really do NOT want to have to leave my watch at the chemist nearby.

Thanks in advance!

Waybill: 8818697775 - Sent October 12th - arrived on October 15th - Good Luck on your continued journey

Written: EXP 11 OCT 2012A

Thank you so much

Weird - I tried the same search before I posted and nothing came up..

EDIT - Nope, I was trying it with no gap between OCT and 2012A.. doh

My fiancee just called and was told that our case was sent from NVC to London on the 12th, but I can't find anything?

This also seems really odd to me as NVC previously told us they received the case on the 11th..

Just a quick update - our case was received by NVC this morning and we have a case number - woo!