Will my visa waiver history affect K1 visa?

[lucy884 3]

I think that I'm going to come across as being rather naive here but I have a big worry that I need some reassurance/advice about.

When I applied for my visa waiver last summer, I understood that it was valid for 'multiple trips into the US over 2 years'. I also read that there are no set number of days that you have to leave in-between trips, just that each trip cannot last longer than 90 days. I had been given some bad advice that I could leave and then come back the next day. In hindsight this obviously does not look great but I honestly thought it was ok at the time, or else I wouldn't have done it. This is my history coming in and out of the US:

Beginning of September 2011 - my first ever entry into the US

Mid Nov - Went back to England for 10 days with my boyfriend (now fiance)

End of Nov - returned to US, no problems at border control

Beginning of Feb 2012 - Went to St Maarten (island close by) for 2 nights, no problems at border control when we came back into the US

At the beginning of April, we went back to St Maarten for just one night and this time when I came back through border control I was taken for secondary inspection. They looked through my luggage, asked me all sorts of questions about where my fiance works etc. The officer didn't believe that I wasn't working here illegally as I told them I don't have a job in the UK - even though I haven't been working at all here. He told me that he could send me back to the UK but in the end gave me the benefit of the doubt and allowed me entry. They did not put any different stamps on my passport, only the admittance one. I wasn't given any paperwork or anything like that, just a verbal warning. I don't know if they have made any notes on me on the system. They told me to apply for a more appropriate visa so that I don't have to worry about leaving all the time. My boyfriend and I then decided that we wanted to get married. I have been staying with my fiance in the US for a long time on my visa waiver (although I have always left before 90 days each time) and I'm returning to England in June. I will stay there for the entire length of the K1 visa process and will work whilst I'm there. I will only return to the US when I have my K1. My worry is that because of my travel history using the visa waiver, will this go against me at any point in the K1 process?

I was absolutely traumatised by the experience at border control. I am the type of person who always wants to do everything right, and I was very honest with the officers so I think that is what saved me, but I would hate to think my mistake will cost me in the long run :/

[Anh map 2,098]

Why don't you think about marrying before you go back to the UK? Same level of paperwork and you would have a green card (and thus be work authorized) after you enter the US with your spouse visa?

[photomile 101]

Someone with more experience may give you a better answer here, but I don't believe you will have a problem. You were admitted to the country, not denied, you just went through secondary processing. Yes, it's pressing and not that pleasant but overall, it's not that bad assuming they didn't grant entry with conditions (Such as "You cannot stay for more than 30 days on this visit")

[cathy2904 97]

I had a similar experience. I visited my boyfriend for 9 weeks between October and December 2010. We got engaged during this trip. I returned to the UK for a month over Christmas and then returned to the US mid-January with a return flight booked for early April. I was taken into secondary processing and although they were polite with me it was not a pleasant experience. The place was full of people who were clearly not being admitted and many of them were distressed and struggling with the language. Nobody knew what was happening and they kept going up to the desk to ask questions and the officers shouted at them to sit down. When my turn came to be interviewed (after about an hour and a half, 2am UK time, and with Trevor waiting in arrivals with no idea where I was) I was in a state of complete panic that they would send me home. The officer asked me about my intentions and I was completely honest and told them I was visiting my fiancé and that we intended to get married eventually. He asked me why I hadn't got a return ticket but I showed him my confirmation and he then said that I would be admitted this time but that I would not be admitted again under the VWP and would need to get an appropriate visa.

Trevor and I then decided to get married while I was there, we then filed the I-130 and I returned home as planned. I did not dare try to visit again while the process was underway but I received my visa in under 8 months so that was pretty quick. At my interview the officer seemed to think I had been refused entry in January 2011 so she obviously had access to those records (she seemed confused as to how I could have got married in the US) but I explained what had happened and I don't believe it would have been an issue even if I had been refused.

[lucy884 3]

Thank you so much for your replies, I feel so much better about this now!

As for getting married while I'm still here - I thought that was illegal? Or is it only illegal to get married on a tourist visa and then stay in the country while you wait for the adjustment of status? To be honest, if the length of time that I have to be away from my fiance is the same with the K1 process as it is with the K3, then I'd rather do K1 so that we have more time to plan our wedding. From what I can gather from the K1 flowchart on this site, there is more paperwork and waiting to do after we're married before I'll be able to work in the US, but I don't mind as long as I am with my fiance. So unless filing for K3 means I can be with him sooner, I think I'll stick with K1. If I'm wrong with this though, please tell me! I feel like my head is about to explode

Cathy, thank you for your response, your experience does sound similar and I'm relieved that it worked out well for you and your husband in the end

[photomile 101]

Thank you so much for your replies, I feel so much better about this now!

As for getting married while I'm still here - I thought that was illegal? Or is it only illegal to get married on a tourist visa and then stay in the country while you wait for the adjustment of status? To be honest, if the length of time that I have to be away from my fiance is the same with the K1 process as it is with the K3, then I'd rather do K1 so that we have more time to plan our wedding. From what I can gather from the K1 flowchart on this site, there is more paperwork and waiting to do after we're married before I'll be able to work in the US, but I don't mind as long as I am with my fiance. So unless filing for K3 means I can be with him sooner, I think I'll stick with K1. If I'm wrong with this though, please tell me! I feel like my head is about to explode

Cathy, thank you for your response, your experience does sound similar and I'm relieved that it worked out well for you and your husband in the end

It would be illegal to get married on a tourist visa and then stay in the country and try to adjust status yes.

The guides to explain a lot and yes there is a lot of waiting around. Wedding plans are complicated since you only have 90 days to get married, and you must make sure you do that. When you get married you can then file for Adjustment of status, and with that you can file for the temporary work permit (EAD). Those typically take around 3 months to come through, at least at the moment they are!. Realistically, you're probably looking at about 4 or 5 months after you enter the USA before you can work, I say that because I'm sure you'll want to plan things, have things like your Social Security Number in hand although 4 might be pushing it a bit

[lucy884 3]

It would be illegal to get married on a tourist visa and then stay in the country and try to adjust status yes.

The guides to explain a lot and yes there is a lot of waiting around. Wedding plans are complicated since you only have 90 days to get married, and you must make sure you do that. When you get married you can then file for Adjustment of status, and with that you can file for the temporary work permit (EAD). Those typically take around 3 months to come through, at least at the moment they are!. Realistically, you're probably looking at about 4 or 5 months after you enter the USA before you can work, I say that because I'm sure you'll want to plan things, have things like your Social Security Number in hand although 4 might be pushing it a bit

Thank you for this. I did already think that it will be a good few months before I will be able to work, but it's ok. So long as I'm here! I really appreciate the info though