
Jon&Ak
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Posts posted by Jon&Ak
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Hi Missmissy
We're worried about how many times and for how many days a year you can be in the US on visa waiver program.
Did your fiance get denied because he did not stay in Denmark for twice as long as in the US during a given year (we were told that for every day you spend in the US you have to be out of the country for two days)? Or did he just visit too often for the CBP officer's liking? Did they explain anything at all about the rules concerning this?
Thanks, Jon
This is what happened to us - and we were not very smart about anything! Before I tell this story - a disclaimer.
I did not do any research about him living here until it was almost too late. We had been waiting for his divorce to be final (for TWO YEARS) and knew we couldn't get married until then. I had assumed that we could come to the U.S., gather my family and get married and then go to some office somewhere and tell someone that I had married him and he was from Denmark....sort of a Just lettin ya'll know kind of thing. I had no idea until October what was involved in marrying someone that isn't from around here! Now I know! We were just busy with other things and I never thought that it was going to be this hard or involve so much paperwork! We just didn't know.
We left the U.S. in the spring of 2007 and had an apartment in Sweden. We traveled a lot that year but in January of 2008 - I wanted to come home. So, we left Sweden, kept our apartment there, and moved back to Jackson, Mississippi and bought a house. We knew we were going to get married as soon as we could but we were waiting on a divorce certificate from Denmark. There have been delays with getting that so, every 90 days Lars would fly home to Denmark, stay a few weeks and then fly back. He did this from January until October. In June, we decided to give up the apartment in Landskrona, Sweden. I couldn't leave my family and it was just money wasted. He went back to CPH in the middle of September and in October when he tried to enter at Newark, he was denied entry. The BPO saw how many trips he had made and started asking questions. He was very honest and answered all of the questions, yes he is engaged to an American, yes he has been back and forth, no he wasn't aware of the actual requirements of the VWP.....Lars' biggest mistake was carrying his library card for here in Jackson, an AARP card, a AAA Club card and a Kroger Plus card. They opened his computer, booted it up and started reading emails and of course we talked about waiting for the divorce, getting married, taking care of our house, my mother's terminal illness......he had a resume on there as well, stating that his home address was our address in Mississippi. According to the Border Patrol Officer - all of this indicated that he had in fact immigrated to the U.S. or that he was intending to immigrate.
So, they put him on a plane that afternoon and sent him back. Totally our fault for not researching any of this BEFORE we did anything. The good news is the only thing that we had to sacrifice that time was the money for the plane ticket.....there was no "note" or flag placed on his passport, the BPO was very nice and told him that he needed to go home and apply for the K1....
Most people that have a job, an apartment and significant ties to Denmark can come and go without a problem. I am 49, Lars is 57 and retired.....we were extremely blessed to be able to take the year that we did and travel, but we had no real significant ties to anywhere for a few years and the lack of a Danish address or a job in Denmark was a big problem for him that day. I don't know what kind of criteria they look for at the POE's....I have read that it is totally at the discretion of the Border Patrol Officer if they will allow entry,accept your documentation or explanations or not. We had been back and forth to the U.S. since 2006 but we usually fly into Memphis or New Orleans.
I proof read what I have written and I didn't really answer your question but I don't have an answer. He was denied entry because it looked exactly like what he was doing.....immigrating to the U.S. Now we are doing it the right way, but paying a price for our ignorance of the law. He cannot come back without a visa, so we wait. I'm going to try to go to Denmark in May - who wants to go with me??
Thank you very much for your post. It was extremely helpful. I'm going back to Denmark May 3rd from ATL.
AK
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Wow, yes 3 US/Denmark couples in March- let's hope that makes us lucky somehow!
Is anyone else using an immigration lawyer? Ours has been beyond frustrated.
Also, not to be too intrusive, but would you mind sharing when you think you will realistically be getting married? I was planning for our October wedding until our lawyer casually told us the back log is longer than the 4 months (that's what he'd told us in December
Blessings to every couple who are going through this process.
THREE Danish couples, all in March?? I think that is incredible! I hope we can all meet sometime!Agreed! I hope all is going well with you, we received NOA1(with a typo), and are just playing the waiting game now.
Jon
Waiting.....just finished talking on Skype tonight. I will probably go to Copenhagen for a few weeks in May. Our NOA1 is expected this week - I just hope it goes fast for all of us. Lars and I had lived together for a few years, here and in Europe. Back in October he was denied entry to the U.S. because he had been too many times last year. This forced separation has been tough! We are staying positive but some days are tougher than others.
Did he get denied because he did not stay in Denmark for twice as long as in the US during a given year? Or did he just visit too often for the CBP officer's liking? Did they explain anything at all about it?
Thanks, Jon
We were hoping for a summer wedding but what we'd like now is September 9th....I really believe that Vermont will pick up soon and that we will move along quickly. Bottom line is we really haven't made any real wedding plans. Of course, we are older than most and aren't having a big event anyway.
Hi Missmissy
We're worried about how many times and for how many days a year you can be in the US on visa waiver program.
Did your fiance get denied because he did not stay in Denmark for twice as long as in the US during a given year (we were told that for every day you spend in the US you have to be out of the country for two days)? Or did he just visit too often for the CBP officer's liking? Did they explain anything at all about the rules concerning this?
Thanks, Jon
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THREE Danish couples, all in March?? I think that is incredible! I hope we can all meet sometime!
Agreed! I hope all is going well with you, we received NOA1(with a typo), and are just playing the waiting game now.
Jon
Waiting.....just finished talking on Skype tonight. I will probably go to Copenhagen for a few weeks in May. Our NOA1 is expected this week - I just hope it goes fast for all of us. Lars and I had lived together for a few years, here and in Europe. Back in October he was denied entry to the U.S. because he had been too many times last year. This forced separation has been tough! We are staying positive but some days are tougher than others.
Did he get denied because he did not stay in Denmark for twice as long as in the US during a given year? Or did he just visit too often for the CBP officer's liking? Did they explain anything at all about it?
Thanks, Jon
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THREE Danish couples, all in March?? I think that is incredible! I hope we can all meet sometime!
Agreed! I hope all is going well with you, we received NOA1(with a typo), and are just playing the waiting game now.
Jon
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Hey Everyone,
My fiancee and I have applied for a K-1 and have received NOA1 as of early March. She is planning on returning to the US in mid-August via the visa waiver program, b/c I am sure we will probably not have the K-1 by then. The question is, firstly, when she enters the US on the visa waiver, does she have to have been in her home country for twice as long as in the US for the past year? And, if so, does the past year mean 12 months or calendar year, i.e 2008,2009? Thanks!
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Hi,
Thank you for your good advice. I just have one question, that i hope you can help me with.
"3) Become familar with the next steps now, including practicing filling out the appropriate forms, so when NOA2 comes, you can hit the ground running. We did that and even then we had to wait a week or so to get everything together before having the interview scheduled."
Will you tell me a little about what that entails, and if you have any other good tips?
Thanks,
AK
Just wanted to pop in and say "All the best" to your month. I am from October (the extra chatty group) and my fiancée and I just a few weeks away from the interview. It's been quite a wait thus far, and I promise that the most patient shall be better off for it.Between now and then, may I suggest a few things:
1) maintain contact through phone calls, email, chat, Skype, letters, etc. and keep everything. This will be necessary when the interview come around to prove your ongoing relationship.
2) If at all possible, visit your fiancé(e) between the time you file and the interview. This also works toward proving your ongoing relationship.
3) Become familar with the next steps now, including practicing filling out the appropriate forms, so when NOA2 comes, you can hit the ground running. We did that and even then we had to wait a week or so to get everything together before having the interview scheduled.
4) Improve yourself. You really love your fiancé(e), so do something for them by learning their language or culture; learn a new hobby that the two of you can do together; learn to cook their favorite foods; learn to play an instrument. Doing this not only can be a romantic gesture, but makes the time go faster.
As I am sure many of you are already aware, VJ is an excellent community for support and resources. Before asking any questions, do a search or check the Guides of FAQ. The chances are that it's already been asked, so no need to spend time posting and waiting for replies, go find the answers. If your situation is unique, then feel free to post in the appropriate forum and others shall be more than happy to assist.
If I may be of any further assistance, don't hesitate to contact me personally.
Again I want to wish everyone the very best.
Safe journey
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Hey All,
We just filed on the 11th of March at the Vermont Center, still waiting for NOA1. Best of luck to everyone. Anyone else from Denmark/Atlanta?
Jon and AK
March 2009 k-1 people
in K-1 Fiance(e) Visa Case Filing and Progress Reports
Posted
Hi Melody,
At the time we applied we thought we could do a late august or september wedding - but as time passes I'm uncertain whether that is realistic. We don't want to start making too many plans until we have the NOA2 - everything seems to go a lot faster once you have that. Have you booked a venue and all that stuff?
Ak