Very Serious Question-Moving to US from the UK while NOA2 is in progress

[a-jeanne 2]

Ok - we are thinking of changing our plan...

We are now going through the K-1 process and filed in July and are one of the lucky filers that received an RFE. We have sent the evidence back and it was received in December. It sounds as if our NOA2 is just going to be a waiting game with possible approval any day now.

My fiance will be retiring on February 29th and has no other reason to stay in the UK. He wants to come and live here on the visa waiver program and when the interview and medical are scheduled, he will fly back to the UK for that. We think that this process will be finished within the three month visa waiver. He can show ties to his country because he has just purchased a house that he bought for investment purposes and if for some slight chance he is not approved, he will have a place to live in the UK.

My big question is - can we do this? Will it jeapordize the NOA2? He would like to come here first week of March or so. Another issue - he has a class reunion in Bangkok in April. What are the chances of us going to that together?

When he comes over on the VWP, he will have a return ticket that he plans to use when he goes back for his medical.

Is this a possibility? Has anyone ever done this before? We just can't be apart anymore...

Please - any advice would be much appreciated.

[AnewKINDofFEELIN 0]

They may not let him enter the country at this point. They tend to err on the skeptical side in regards to visits during NOA2. He definitely shouldn't "move" here, but it shouldn't be a problem for him to visit. It is important that the word visit is used, as moving here before K-1 approval is basically illegal.

That's walking a tight line.

[a-jeanne 2]

Absolutely - I agree with you. Yes it would be a "visit". I guess the only drawback is that he won't be allowed in. But, if he has enough evidence of ties to the UK - I don't see why they won't let him in. He also works for a company that is a distributor for my company and he has been here about 3 times on business already. He could also say that he's doing some business as well?

I am just so sick of this process and we are just looking at other options to be together. Once he retires, he just wants to be here.

Thank you for your input.

Please I am open for any other thoughts and suggestions as well.

[truffles 2]

Personally - i visited the USA whilst my K1 was being processed - as always it is entirely dependant on the IO at POE .....

I visited in Nov 2006 - so if you check my timeline you can see where that sits with the process - i beleive it was before i had my medical and interview. However i did ensure i had lots of evidence of ties to UK - i agree the word VISIT is important - also my stay was only for 2 weeks - with a definate return date in mind and on my ticket which is something he may be questioned on - vagueness or pauses in answers are huge alarm bells for IO.

I am also under the impression that i read somewhere the frequency of visit ( that is lots of visit within short time span) give IO's some concern? anyone got any info ?

Good luck with your journey

[mox 298]

Absolutely - I agree with you. Yes it would be a "visit". I guess the only drawback is that he won't be allowed in. But, if he has enough evidence of ties to the UK - I don't see why they won't let him in. He also works for a company that is a distributor for my company and he has been here about 3 times on business already. He could also say that he's doing some business as well?

He needs to be completely truthful and upfront at the POE. If he says he's here for business but can't produce any real evidence for that, he'll be denied entry. And if they call his job wondering what kind of work he's doing here, he could get in trouble by his employers too. (Edit: oh...of course if he's retired then that won't be a problem. But really...he needs to be honest.)

What he *should* bring with him is a copy of your K-1 packet, including the NOA1. Right at the POE he should tell them he has a K-1 pending, and that he's just here for a visit. They will know that information anyway, so if he's upfront about it right away then it'll be that much better.

Also, he shouldn't bring any more luggage than what he'd need for a typical visit, and the contents of his luggage should be typical visiting stuff and nothing to indicate a long-term visit.

I've read time and again of people in the process of a K-1 being allowed in on the VWP. I really don't think it's a problem. He just needs to be up-front about why he's here, bring his packet, and let them know that it's pending.

I am just so sick of this process and we are just looking at other options to be together. Once he retires, he just wants to be here.

Thank you for your input.

Please I am open for any other thoughts and suggestions as well.

I honestly wish I could say I *don't* know how you feel. But I do.

Edited January 29, 2008 by mox

[Jeraly 4]

Audrey - I say go for it - the worst that can happen is that he gets turned away at POE and has to come home - but if he has a place to live and things then that shouldn't be an issue - it wouldn't be nice but nothing ventured, nothing gained...

Staying over for three months on the VWP shouldn't be any different than staying for 2 weeks. He can show ties to his home country, say he is visiting his fiancee for an extended holiday and doesn't need to even mention the K-1. He should bring all the K-1 info though (well your NOA1) so if he gets asked he can provide evidence.

Someone else recently (oh I can't remember his username but he sent me some info via e-mail) went to stay with their OH for three months in the US - he took rental agreements, NOA1, return ticket, letter from employer etc. Any standing orders or bills or things that might prove your OH will return would also be good to bring just in case. This person anyway, he went through Canada so if he got turned away at POE he could at least stay a couple weeks in Canada with hie fiancee - that might also be something worth considering

I know you have had such a hard time with all this and I know that the wait for you will become infinitely more bearable with your OH there so I say go for it, just cover your @$$£$, bring all the evidence you can and be prepared that he may not get in What have you got to lose?

*hugs*

Oh - and not just that but from everything I have read, if they deny him entry at POE it shouldn't have any effect on the K-1 process at all

[Zee Bee 61]

I know there is another couple (I think from Switzerland) who did the same thing recently. She moved here on VWP and they stayed until she had to go back and do the medicals and interview and then they came back and activated her visa. The name escapes me, but I know they did it fairly recently, within the last few months.

I guess it all depends on whether the IO lets him in.

Good luck in whatever you decide to do

[a-jeanne 2]

That would be awesome to find someone who has done just that. He is planning a visit on the 14th of February and was planning another weekend in March. I am hoping that he won't have problems in February as the last time he was here, they had many questions for him. Even when we met in Chicago, he was questioned by an IO as to why he had made so many trips here. Scares me.

I think that it's ironic that the USCIS wants evidence of proof you have a relationship but when you want to be together, one way or the other it works against you.

We will do what we can but can't wait to be together.

[Jeraly 4]

Good luck Audrey - maybe... when he comes out in Feb he could just not leave? If he doesn't overstay his 90 day limit there is no reason why he can't change the return leg of the ticket... That is what Jeremy was going to do but his dad died so he had to leave and go home anyway - early even

[a-jeanne 2]

February would be a good time to stay but his retirement is February 29th so he has to be there for that...

[Jeraly 4]

Ahh - that sucks Well... I dont' know much about retiring but would he not having something to confirm he was retiring? He could then use that at POE in March to show that he is coming over on an extended break following his retirement before returning home again? Lemme dig out the guy's username who went into the US for three months through Canada

[Jeraly 4]

Here it is

He was really helpful and sent me an e-mail with a copy of the lease agreement he used and things as well but I am sure if you asked him for more info he would help Not sure how active he is at the moment though as he is in the US with his OH still

[Bforbarree 4]

February would be a good time to stay but his retirement is February 29th so he has to be there for that...

It does my head in how much control these people seem to have over our lives....and how much stress it causes!

POE just sucks...they have this way of making you feel like a criminal and it always scares the ####### out of me everytime I come to the UK...and from the sounds of it US POE is 1,000 time worse.

Get the term MOVE out of the vocabulary for sure! And I would not volunteer any info about the retirement! And if he travels for business then of course he is in and out of the country a lot, stupid POE! But none of this is news to you...so I will just wish you the best of luck. In theory if they can see that he is already going thru the proper channels (the K-1) it should be ok.

[Bforbarree 4]

February would be a good time to stay but his retirement is February 29th so he has to be there for that...

It does my head in how much control these people seem to have over our lives....and how much stress it causes!

POE just sucks...they have this way of making you feel like a criminal and it always scares the ####### out of me everytime I come to the UK...and from the sounds of it US POE is 1,000 time worse.

Get the term MOVE out of the vocabulary for sure! And I would not volunteer any info about the retirement! And if he travels for business then of course he is in and out of the country a lot, stupid POE! But as none of this is news to you... I will just wish you the best of luck, in theory if they can see that he is already going thru the proper channels (the K-1) and obeying the rules it should be ok.

Sorry for the double post...I got an error message the first time...apparently the message was the error.

[a-jeanne 2]

Here it is

He was really helpful and sent me an e-mail with a copy of the lease agreement he used and things as well but I am sure if you asked him for more info he would help Not sure how active he is at the moment though as he is in the US with his OH still

I checked on his profile and he hasn't filed the K-1 yet. Keep your eyes peeled for anyone else who is already going through it and has used the VWP. All your help is greatly appreciated.....

THANK YOU!