Keith Hunter

9 minutes ago, millefleur said:

I'm not sure there's much of a solution here. Apart from a B visa or the WVP/ESTA, there really is no other "I just want to visit the US for family reasons" type of visa.

Fair enough, thanks for the assistance. We’ll talk and figure out our best course of action.

3 minutes ago, JeanneAdil said:

why doesn't she apply for a spouse visa to bring u here?

She wants to move here (eventually) and I don’t wish to move to America.

7 minutes ago, Crazy Cat said:

It seems your two most obvious routes (VWP & B2) for visiting the US are now closed as you have been denied entry.  What are the chances you and she can speed up the process for her to re-locate to the UK?  

Youngest is 11 so we’re way off, she is bringing them to see me in April but at the same time it’s £1800 just for flights. 
 

We’ve been to Mexico a few times to meet and she’s been here, but again it’s very expensive.

Our options seem so limited for the next 7 years, we did plan to start her immigration process earlier for dual citizenship so when she’s ready to immigrate we won’t need to wait.

1 minute ago, Boiler said:

I assume you had a much more interesting conversation when you applied for entry than is normal.

 

I have never heard of a B calculator and doubt its efficacy.

 

Maybe she should share custody of the kids to give her more time to travel?

 

 

I flew in on an ESTA, sorry I should have disclosed that. 
 

I used RapidVisa.com for the calculator.

She recently filed a PFA against him as he assaulted her, she has custody right now but he sees them on the weekends. 

Hey I flew to America in November 2019 to see my girlfriend but was sent home by Detroit customs for not showing any ties to my home country or having adequate money for a 4 week stay. They told me I’d need to see a US approved physician at the US embassy in London as I also suffered from depression at the time and I’m aware it’s mandatory for the visa process.

We’re now married and I don’t wish to move to America, the plan was for us to wait a few years and go back and forth until she can immigrate to the UK. Unfortunately she can’t right now as the kids are still in school and the father would never sign them off.

I used a B1-2 tourist calculator to see my eligibility of being accepted and I scored a bloody 3 which is a 0% chance of being accepted because I have no ties to the UK.

I don’t own property and I’m self employed, so I can’t even visit America to see my wife, I’m 25 years of age if it matters.
 

If anyone has any ideas please help us, she struggles to come back and forth as she has custody of the kids. We don’t know what to do.

I’m going to bump this as I’m still looking for more advice!

1 minute ago, HRQX said:

If there was no harmful behavior associated with the depression then you selected the correct answer on the ESTA. The CBP officer is NOT a mental health expert. https://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/mental-panel-technical-instructions.html "Only mental or physical disorders during which the applicant engages in or has engaged in harmful behavior that is associated with (due to) the mental or physical disorder will make an applicant inadmissible. As previously stated, no diagnosis of a mental or physical disorder by itself provides a basis for inadmissibility. There must also be a determination made regarding current harmful behavior or a history of harmful behavior, associated with or caused by the disorder, and the likelihood of associated harmful behavior to recur, in order to provide basis for inadmissibility."

 

For Immigrant Visas, all applicants have to go to a Panel Physician anyways.

One of the questions the CBP officer asked was if in the past I had any suicidal thoughts or tendencies, which I replied yes. 
 

I have had suicidal thoughts, but in no way did I see myself following them through.

Thanks for the speedy response!

Hey,

In 2019 I flew to Pittsburgh, PA from the UK on an ESTA to see my girlfriend, although I didn’t quite make it. I was transiting through Detroit and unfortunately was deemed inadmissible by border control due to insufficient funds, depression and intent not determined. I guess it was a little sketchy but it was a rough and lonely time in my life, I acted impulsively by planning a 7 week trip and disclosing a medical condition without any medication.

The officer seemed gutted to turn me away but he handed me a list of panel physicians, took my finger prints and told me if I was to enter the US I would need to acquire a visa and take a medical.

A lot has happened since then, my girlfriend became my fiancé and we’re about to be married in Cancun, Mexico this coming May.
 

My question is when we start the visa process, could being turned away at US borders be grounds for denial and in my instance would it be recommended to look into immigration lawyers? 

2 things that do worry me are while filling in my ESTA I marked no health problems, because I genuinely didn’t see my depression as a severe illness and I marked my previous employer, given I was currently unemployed. 

I’m aware US immigration take lying and misrepresentation seriously, but this was misinterpretation above anything.

I should probably mention that I’m free of depression and was working as a self-employed brand ambassador until lockdown hit us hard.

I have attached the statement from the border official.

Any advise given is appreciated, thank you!

4 minutes ago, JFH said:

Yes, the marriage would still be legal. If it’s legal in the country where it took place, it’s legal in the US and the UK. What do you think happens to all those people who book “destination weddings” in the Caribbean and such like through Kuoni and others? They are just as much married as a couple who go down to the local register office. 
 

An American citizen requires a visa to marry in the UK. But this is unique to the UK because of the huge amount of marriage fraud that was going on. I worked with a woman whose sister was involved in that - she got paid a nice sum to “marry” a Nigerian in London. She’d never met him before. She just showed up for the ceremony at the register office and off he went with the marriage certificate to apply for residency in the UK. Requiring non-EU nationals to have a marriage visa was intended to put a stop to all that. 
 

2000 quid including Naturalisation? That’s completely wrong. For a K-1 from start to finish (K-1, AOS, ROC and then Naturalisation) it will cost a lot more than 2 grand. The good thing is it will take at least 4 years to do all that so you don’t pay it all at once. 

So what exactly would be needed to marry in Mexico? This is extremely helpful thank you for all the replies.

Sorry I had it down as £3000, must be missing something.

25 minutes ago, JFH said:

I second the recommendation to fully research BOTH the K-1 fiancé visa and the CR-1 spousal visa. The K-1 is an odd choice for someone of working age from a western country. I’m not saying they don’t happen, but I question the logic. The K-1 is essentially a very expensive tourist visa that allows you to enter the US for 90 days. If, within that 90 days, you legally marry the person who petitioned you, the US government allows you to stay provided you pay a few thousand more and wait many, many months in limbo (no work, no overseas travel, in some states no driving) for the privilege. All told you could be looking at 9 months with no income. That puts a huge amount of pressure on your spouse, who is also expected to provide healthcare for you (through my employer, adding a spouse on the basic package costs an additional $450 a month for medical, dental and vision).  Depending on your career path, 9 months out of your chosen industry can take years to make up. In my case, 9 months with no work back then would have cost me over $50,000 in lost income and I didn’t spend 7 years at university to fall behind in my chosen career. The fact that she has just started work and you are looking at joint sponsor options suggests to me you are not in a position where an additional adult could join the household for many months without a significant impact on your financial situation. 
 

The spousal visa is not only considerably cheaper, it also allows you to work and affords your all the privileges of a permanent resident from day one. It’s also faster to citizenship, if that is the ultimate aim. You just got engaged in Cancun. We were there last week also and at the hotel many weddings took place during our stay. Why not go back to Mexico (or anywhere else you can get to easily right now) and have a small simple wedding and then start the spousal visa process? 
 

Currently spousal visas are being given priority in countries that fall under the COVID travel ban (which includes the UK) as legal spouses are exempt from the ban but fiancés are not. 
 

We see many people on here who did the K-1 and subsequently regretted it. I’ve yet to see anyone who regretted the spousal visa (except for cases where they regretted the spouse, but that had nothing to do with the visa process). 

Hey we’re intrigued by this, but would the marriage be legalised if we marry in another country? We both believed an expensive visa was required to marry in another country.

In the U.K. the process is £1500 roughly, in the US the whole process was £2000 including naturalisation. 
 

Thanks!

8 minutes ago, mushroomspore said:

I think you're misinterpreting that sentence/bit of info. The guides recommend keeping a replica of the forms and payment for your own records. The replica is not meant to be sent to USCIS.

Thank you! I think so too lol

Just now, Jorgedig said:

Who "requires" a complete replica of the forms and payment?  

 

Btw, the more research and educating of yourselves you can do into the K-1 process, the better off  you'll be.  I suggest using the instructions/optional checklist which accompanies the I-129F (from the USCIS site).

USCIS may require one if they ask for a RFE? I am educating myself everyday, just trying to fill in the blanks. 

2 minutes ago, Jorgedig said:

 

What confused you? Thanks for the reply.

So going more into employment, since she has only recently been put on the books and won’t be able to acquire tax certificate what would suffice?
 

Will they need employment history from me? I am currently unemployed, prior to COVID-19 I was a self employed brand ambassador.
 

There is also a 11 year gap between the 2 of us, I am 24 and she is 35. Will they see this as a problem? The relationship is genuine and we got engaged in Cancun, Mexico last month.

Just now, JeanneAdil said:

 

If you think this fee this excessive ,  wait till you AOS after marriage,  this is the most expensive way to go

 

That is not what I’m saying. I’m well aware of the costs including naturalisation. But they state a complete copy of the I-129F is required, including the money cheque of $535.

1 hour ago, Lucky Cat said:

What does that mean?    

Sorry I was reading the immigration guide and it states a complete replica of the forms and payment is required.

Hey I was just wondering if as a U.K. citizen I have some leeway when it comes to immigration to the US, given the relationship between the 2 nations. 
 

I also have a few questions regarding the immigration process:

When will my sponsor/fiancé be required to submit her employment information/taxes) during I-129F or later on? I ask this because she has only just got a job on the books to help with immigration so her taxes wouldn’t be eligible until next year.

Also how much of the weight can a joint sponsor take? Is there a certain income the main sponsor has to make in order for things to go through accordingly?
 

Will (if) Joe Biden‘s election effect immigration? He has promised to make some promising changes to immigration and US border policies.

Thanks any replies are welcomed and appreciated.

Another question, is a copy of the I-129F forms and payment really necessary? Seems a little excessive.

Hey does anyone have a template for form I-129F petitioning cover letter? Also which address should my fiancé put? She’s based in Pittsburgh, PA.

2 minutes ago, Lucky Cat said:

It depends on exactly why you were refused entry.  Usually, people are denied entry due to suspected immigrant intent.....which would not affect a an immigrant visa or a K-1. An inadmissible medical condition could affect any future entry attempts.

Insufficient funds as I wired my money to my girl to avoid conversion taxes... I made some mistakes on my ESTA also, I stated no medical conditions but I suffered from minor depression which they deemed more severe than it actually was. My work history was also unemployed when I inputted my previous employment, I was 100% truthful to the word. 
 

With my situation would you recommend hiring a lawyer when I attend my interview? We didn’t want to pay the extra lawyer fees but will do so if absolutely necessary. 
 

Thanks!

12 minutes ago, Lucky Cat said:

A new passport?  Why?  You are on their radar......and any visa or ESTA you held is no longer valid.

One can dream 

3 minutes ago, Anne Freeman said:

a history of visa rejection can cause the issuing officer to spend a few extra minutes on your file.

I just hope this doesn’t effect my fiancé visa in the end 

3 minutes ago, payxibka said:

We live in a digital world.  New passport or not, they know who you are and they have a record of what they did.  

I figured as much, just wondered if it was a red flag for CBP to see a refusal stamp on your passport. 

Hey. I flew to Detroit last November to visit my girlfriend and was turned away by CBP due to medical reasons and intent not determined. They gave me a refusal stamp on my passport and sent me on the next flight home then told me I would need to acquire a visa if I am to enter the US again. Will the stamp have any effect on future travel and is it worth applying for a new passport? Thank you.

8 hours ago, Jorgedig said:

Your GF is still your primary sponsor, regardless of income.  She will need to get current on her tax situation asap.

Ok so when do I need to file the affidavit of support forms? With the I-129F or later on?

Facebook photos and relationship status is also something the consultant will look at, so try to keep that up to date.

7 hours ago, elkski said:

who calls to another country without an app in 2020?   Line app is da best.  I guess excerpt from my line logs will show voice or mostly video chat sessions lasting many minutes..Maybe more private than showing actual chat words?? . I guess this would be hard to fake.  Bank Statements???  you mean like showing money transfers for  an important  part of Asian love?

I agree line messenger is the best for international calling, me and my girl use it everyday. I’ve also heard Facebook monitor and record your calls, so I wouldn’t use that.

My fiancé to be, the US citizen just kept receipts and plane tickets in a plastic wallet to prepare for the interview, as long as the relationship is genuine you shouldn’t have anything to worry about, that being said the rate of denial is increasing substantially, so try to keep calm during the interview, the consultant is trained to identify any discrepancies.