Possible VWP problems

[compass1234 0]

Hello Everyone,

So i have a situation in which me (UK) and my girlfriend (US) are about to start the paper work for our K1 with lawyer (fees of around $2000)

My problem is i have been visiting america a lot in the past 12 months on the Visa Waiver and never had a problem, My lawyer seems to think i will now start to have problems, and i am a little nerves of being rejected entry.

1) My concern is also what happens to my K1 application if i am rejected on the VWP?

My previous 12 month travel has been as follows.

IN-USA 28.06.10 - 05.07.10 (7 days)

OUT - (29 days)

In USA 04.08.10 - 15.08.10 (11 days)

OUT(72 days)

IN USA 28.10.10 - 22.11.10 (25 days)

OUT (7days)

IN USA 01.12.10-29.12.10 (29 days)

OUT (7 days)

IN USA 05.01.11 - 12.02.11 (38 days)

OUT (7 days)

IN USA 20.02.11 - 17.03.11 (25days)

OUT 14days

Attempt to enter 1st April for a holiday for 3 weeks.

I am employed full time by a UK Ltd company and my reason for my time in the states has been business related.

I havent yet sent the paper work for the k1 and i wont before i try to renter, but i am

2) worried what a VWP rejection does to the K1 process.

I do need to continue to come back and forth while waiting for the K1 for business reasons almost a 2 week there 2 weeks UK kind of routine.

I have read on the forums about showing intent to return to the UK but i am not sure i should be carrying all this documentation (not that i no what documentation i need) as it may look suspicious.

3) Very worried of going into the "room" for further questions and not sure what to expect.

Also i have been going back and forth to the states for a number of years but never as frequently as recently and never for longer then 5 day business trips. ( so i do always leave within the 90 days)

4)I also am not sure if the clock resets 1st of the year for the 180days rule which im not even sure is a rule?

Only recently joined VJ and it has been great reading through all the forums,

Thank you so much everyone for your thoughts in advance!

Edited March 22, 2011 by compass1234

[Harsh_77 716]

Your previous visit on VWP are not a problem. Once you file for your K1 chances are you will not be allowed to enter on VWP anymore and you will have to wait until the process is complete.

You can try to enter on VWP while your K1 is in process, but there is no gurantee POE would let you enter the country, as in past ppl have filed for K1 and then entered on VWP and filed for AOS, which is against the USCIS recommendation.

Also it could be considered as mis-representation as when you enter on VWP you are telling you do not have any intention to migrate to US and you are only on a visit, but that is not same when you have a K1 in the process.

[Deputy Purple 1,294]

Be honest at POE, carry proof of strong ties and a copy of your K-1 NOA1.

If asked about immigrant intent be honest, present the NOA1 and explain you're doing it the legal way. If you lie they can ban you.

[iampatricias 17]

You can try to enter on VWP while your K1 is in process, but there is no gurantee POE would let you enter the country, as in past ppl have filed for K1 and then entered on VWP and filed for AOS, which is against the USCIS recommendation.

Also it could be considered as mis-representation as when you enter on VWP you are telling you do not have any intention to migrate to US and you are only on a visit, but that is not same when you have a K1 in the process.

I have entered the US 3 times on the VWP since we submitted our I129f and have not faced any grief from the border. Entering with the VWP and then AOSing is fraud, yes, but entering with plans to visit while your petition/application are being processed is not against the rules.

[Harsh_77 716]

I have entered the US 3 times on the VWP since we submitted our I129f and have not faced any grief from the border. Entering with the VWP and then AOSing is fraud, yes, but entering with plans to visit while your petition/application are being processed is not against the rules.

I never said it against rule. You can attempt to enter on VWP visit your fiancé and return back to your home country, its 100% legal, but – there is a “but” in the situation which is, it is upto POE to let you enter the country on VWP or not.

So as long as you are ok to return back on the next available flight, you can attempt it.

[compass1234 0]

thanks for all the feedback thus far, but what about my lack of time out the country before returning each time?

[Deputy Purple 1,294]

thanks for all the feedback thus far, but what about my lack of time out the country before returning each time?

You've been in country for 135 days but back to the UK for 136 days since your first listed entry. As long as the entries are valid for work related travel and you're not overstaying I would like to say you should be okay but I've heard that CBP can get skittish when it looks like you're living in the US part-time. The last four entries could begin to give that impression so maybe include some documentation of how it's work related in your carry-on.

[Brother Hesekiel 2,235]

Your lawyer does what lawyers do: telling you that you may encounter problems, so that you are tempted to retaining him or her.

I would have told you that for $200 instead of $2,000, knowing that it's an outright lie.

The fact that you travel in-and-out of frequently on business makes you a predictable risk. I'm confident that you will not encounter any problems even after having filed the K-1. That said, I wonder why you don't go the CR-1 route instead. Cheaper, no AOS, no waiting . . . once approved you enter the US as a Green Card holder, can work, travel, right from the start.

Ask your lawyer. He's probably holding back with that info so that he can charge you more for nothing.

[compass1234 0]

Your lawyer does what lawyers do: telling you that you may encounter problems, so that you are tempted to retaining him or her.

I would have told you that for $200 instead of $2,000, knowing that it's an outright lie.

The fact that you travel in-and-out of frequently on business makes you a predictable risk. I'm confident that you will not encounter any problems even after having filed the K-1. That said, I wonder why you don't go the CR-1 route instead. Cheaper, no AOS, no waiting . . . once approved you enter the US as a Green Card holder, can work, travel, right from the start.

Ask your lawyer. He's probably holding back with that info so that he can charge you more for nothing.

Not sure what a CR-1 is?

i mean i can prove when i come in for 20 days at a time that i have meetings lined up during that time, hotel reservations and car hire etc etc i have never been asked thus far.

The reason why i am using a lawyer is because i want to make sure we have everything we need for the k1, there is also the issue where my girlfriend does not meet the income requirements as she left the IRS to go to uni to do a masters, so i have a friend who will be the sponsor,

[Boiler 44,962]

If she worked for the IRS you would think the Immigration paperwork would be a cinch.

I would never want to persuade anybody from not using a lawyer, but you have not mentioned anything that suggests you need one.

I would also not expect you to have issues with the VWP. With such a frequent travel pattern there is always a prospective issue with additional questioning.

[compass1234 0]

If she worked for the IRS you would think the Immigration paperwork would be a cinch.

I would never want to persuade anybody from not using a lawyer, but you have not mentioned anything that suggests you need one.

I would also not expect you to have issues with the VWP. With such a frequent travel pattern there is always a prospective issue with additional questioning.

Yep you would think,

her previous 3 year tax return is

09 (met requirement while working as IRS Officer)

10 (files under 8k because of university)

11 ( just started new job this month part time, but only earns 24k annually)

how do i fill all the forms in if she doesn't meet the requirement, i do have a friend who is willing to sponsor us but looking at the form i cant see if or where i can put someone to co sponsor me

someone i no had married under the VWP after 60 days and is remaining in the states, but i think that is a very risky thing to do

[Rebecca Jo 1,962]

Yep you would think,

her previous 3 year tax return is

09 (met requirement while working as IRS Officer)

10 (files under 8k because of university)

11 ( just started new job this month part time, but only earns 24k annually)

how do i fill all the forms in if she doesn't meet the requirement, i do have a friend who is willing to sponsor us but looking at the form i cant see if or where i can put someone to co sponsor me

someone i no had married under the VWP after 60 days and is remaining in the states, but i think that is a very risky thing to do

Compass, I think Boiler was being facetious when speaking of the IRS (perhaps directing his comments at another member).

At any rate, present income is what counts for the affidavit of support. You won't be to that stage for 6 or 7 months. At that time your fiance will have established herself at her work. Her income sounds fine if there is just the two of you in the household.

Look at this thread from British Expats. I think this issue relates more to your travel plans than the one you have raised.

http://britishexpats.com/forum/showthread.php?t=661570

[Boiler 44,962]

I would much rather deal with Immigration than IRS, the forms are a lot easier!

As has been said current income is all that matters.

[Channah&Aaron 51]

; I travelled to the US quit often too the past year (6 times) and I am currently in the US.

As long as you can prove strong ties:

* copy of your I-129f package

* copy of your NOA1 and/or NOA2

* letter from employer (with company letter head), stating when your employer expects you to be back

* return ticket

* lease (or mortage) of house/car, if you own your own place

At the border, more likely, they will actually be happy to see your I-129f package, because it's strong proof that you two are working on it legally.

Once again, it's not against the law for visiting your fiancee!!!!! And you are more than welcome to visit her in the US if you can prove you are not going to stay.

My entry has been denied once, and it didnt effect my later travels to the US nor my K1 process..

So, visit your love whenever you are planning to go back and enjoy

[Barbara J 115]

Hello Everyone,

So i have a situation in which me (UK) and my girlfriend (US) are about to start the paper work for our K1 with lawyer (fees of around $2000)

My problem is i have been visiting america a lot in the past 12 months on the Visa Waiver and never had a problem, My lawyer seems to think i will now start to have problems, and i am a little nerves of being rejected entry.

1) My concern is also what happens to my K1 application if i am rejected on the VWP?

My previous 12 month travel has been as follows.

IN-USA 28.06.10 - 05.07.10 (7 days)

OUT - (29 days)

In USA 04.08.10 - 15.08.10 (11 days)

OUT(72 days)

IN USA 28.10.10 - 22.11.10 (25 days)

OUT (7days)

IN USA 01.12.10-29.12.10 (29 days)

OUT (7 days)

IN USA 05.01.11 - 12.02.11 (38 days)

OUT (7 days)

IN USA 20.02.11 - 17.03.11 (25days)

OUT 14days

Attempt to enter 1st April for a holiday for 3 weeks.

I am employed full time by a UK Ltd company and my reason for my time in the states has been business related.

I havent yet sent the paper work for the k1 and i wont before i try to renter, but i am

2) worried what a VWP rejection does to the K1 process.

I do need to continue to come back and forth while waiting for the K1 for business reasons almost a 2 week there 2 weeks UK kind of routine.

I have read on the forums about showing intent to return to the UK but i am not sure i should be carrying all this documentation (not that i no what documentation i need) as it may look suspicious.

3) Very worried of going into the "room" for further questions and not sure what to expect.

Also i have been going back and forth to the states for a number of years but never as frequently as recently and never for longer then 5 day business trips. ( so i do always leave within the 90 days)

4)I also am not sure if the clock resets 1st of the year for the 180days rule which im not even sure is a rule?

Only recently joined VJ and it has been great reading through all the forums,

Thank you so much everyone for your thoughts in advance!

With what everyone else has said here you should not have an issue as your visits are work related and you get to include seeing your fiancee while here. Lucky you lol But your USC fiancee will file a 129f petition to USCIS in order to get you a K1 visa to come here and marry. You don't do any of this she does. The K1 visa is granted to you in the UK if the petition is approved and if you are approved at interview in the UK. I really think you do not need a lawyer you can do this on your own it is not rocket science and will save you a packet unless of course money is no issue for you. You on one of your visits here can sit down and do the 129f form together with your fiancee and collect all evidence you need for petition. That makes things a lot easier.

You really need to do some reading and this is a great guide for you both.

http://www.visajourney.com/content/k1guide

The CR1 as mentioned before is a spousal visa, so on one of your visits you chose to marry then you go back to the UK and she file petition for you CR1

http://www.visajourney.com/content/i130guide1

Maybe if you are concerned about all your visits you cut them back a little if you are in fear of being sent back but K1 petition wont affect your business trips. I visited here while mine was pending and stayed my 3 months no issue all the CBP guy said was have a great holiday