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Posted

Hi guys,

I could really use some advice and reassurance on the above topic.

I've researched this using this great forum and reading through other Google search results but I just want some clarification and definition on some specific things.

My fiance and I applied for a K-1 fiance Visa but unfortunately it has only just been approved (19th June) and I fly out to the States in 17 days and we haven't even received a case number from the NVC.

Because of financial and employment constraints for both of us AND our families, we absolutely can not postpone the wedding and so I will be marrying using a Tourist Visa and then returning to the UK on August 18th (well within allowed tourist stay time).

I know that it is legal to do this but I'm terrified that for whatever reason they choose, they will not allow me to pass through immigration and send me home. I am a 100% law abdiing citizen with a full time and very well paid job and have travelled to the States many times to visit her, being honest to Immigration from informing them I am visiting my girlfriend to then visiting my fiancee after I proposed and never had a problem. I have always returned well before my Tourist Visa expired.

SO, cutting to the chase now, I would like to know, would I need to show some proof that I intend to return home? My boss (of a huge and very well known UK company) is willing to write and sign a letter informing Immigration that I have told my boss I will be returning to work on 19th August and that I am under legal contract to do so. This would help right?

I also have an ACPO (Association of Chief Police Officers) Police Certificate for immigration purposes, could I show them this to prove I have a clean record? Would it even help? Would it be worse to show them as it's actually part of the documentation required for the Fiance Visa application?

MUST I tell them I am getting married if they don't ask? If they DON'T ask, should I tell them anyway? I'm happy to be perfectly honest with them as I always have been and would never dream of lying about anything but I've read some people saying 'If they don't ask, don't tell'.

Is there any other forms of documentation I could provide to reassure them I don't intend to stay? I don't own a home. My sister does and I live with her.

I realise I've asked a lot of questions so if you can't or don't have time to answer them all I would really appreciate if you could answer at least one.

Thank you guys.

Posted

You do know that you will have to start over with a spousal visa, right? Your K-1 will no longer be valid.

If you're going ahead anyway, it shouldn't be a problem. Bring some things in case, but not a police cert.

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Posted (edited)

You know you have to start over from scratch with a spouse petition, right?

I personally would not announce unprompted "I am here to marry an American". The purpose of my trip is always "I'm on holiday". Yes, if they probe, answer truthfully what they ask.

Yes, the boss letter is excellent. Proof of a bank account. Properly ownership or a lease. Anything that shows you have ties to the UK that you will return to.

Edit: LOL that Harpa and I were posting almost the exact first sentence at the same time. I did not copy, I promise.

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Posted

You do know that you will have to start over with a spousal visa, right? Your K-1 will no longer be valid.

If you're going ahead anyway, it shouldn't be a problem. Bring some things in case, but not a police cert.

Thanks for your reply Harpa. Yes I know we will have to cancel the K-1 and apply for a Spousal Visa all over again. It's not exactly ideal, but we're prepared to do it. We want to do everything the right way even if it's the hard way.

Posted

Just say you're visiting your fiancé. If and only if they specifically ask "are you getting married", say yes, and that you intend to return home.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

Posted

You know you have to start over from scratch with a spouse petition, right?

I personally would not announce unprompted "I am here to marry an American". The purpose of my trip is always "I'm on holiday". Yes, if they probe, answer truthfully what they ask.

Yes, the boss letter is excellent. Proof of a bank account. Properly ownership or a lease. Anything that shows you have ties to the UK that you will return to.

Edit: LOL that Harpa and I were posting almost the exact first sentence at the same time. I did not copy, I promise.

Thank you Nick. Yes we know we will have to start again with a Spousal Visa and we're prepared to do so.

Another question though, let's say I tell them I'm 'Visiting my fiancee, friends and having a vacation' (as is the truth and always what I've told them since we've been engaged) and they don't then ask if I'm getting married and as such I don't then tell, when I'm interviewed for my Spousal Visa, will this come back to bite us?

Just say you're visiting your fiancé. If and only if they specifically ask "are you getting married", say yes, and that you intend to return home.

Thank you Ketsuban. This seems to be the answer I'm getting from everyone so far!

Posted

Another question though, let's say I tell them I'm 'Visiting my fiancee, friends and having a vacation' (as is the truth and always what I've told them since we've been engaged) and they don't then ask if I'm getting married and as such I don't then tell, when I'm interviewed for my Spousal Visa, will this come back to bite us?

Nope :)

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

Posted (edited)

Hi guys,

I could really use some advice and reassurance on the above topic.

I've researched this using this great forum and reading through other Google search results but I just want some clarification and definition on some specific things.

My fiance and I applied for a K-1 fiance Visa but unfortunately it has only just been approved (19th June) and I fly out to the States in 17 days and we haven't even received a case number from the NVC.

Because of financial and employment constraints for both of us AND our families, we absolutely can not postpone the wedding and so I will be marrying using a Tourist Visa and then returning to the UK on August 18th (well within allowed tourist stay time).

I know that it is legal to do this but I'm terrified that for whatever reason they choose, they will not allow me to pass through immigration and send me home. I am a 100% law abdiing citizen with a full time and very well paid job and have travelled to the States many times to visit her, being honest to Immigration from informing them I am visiting my girlfriend to then visiting my fiancee after I proposed and never had a problem. I have always returned well before my Tourist Visa expired.

SO, cutting to the chase now, I would like to know, would I need to show some proof that I intend to return home? My boss (of a huge and very well known UK company) is willing to write and sign a letter informing Immigration that I have told my boss I will be returning to work on 19th August and that I am under legal contract to do so. This would help right?

I also have an ACPO (Association of Chief Police Officers) Police Certificate for immigration purposes, could I show them this to prove I have a clean record? Would it even help? Would it be worse to show them as it's actually part of the documentation required for the Fiance Visa application?

MUST I tell them I am getting married if they don't ask? If they DON'T ask, should I tell them anyway? I'm happy to be perfectly honest with them as I always have been and would never dream of lying about anything but I've read some people saying 'If they don't ask, don't tell'.

Is there any other forms of documentation I could provide to reassure them I don't intend to stay? I don't own a home. My sister does and I live with her.

I realise I've asked a lot of questions so if you can't or don't have time to answer them all I would really appreciate if you could answer at least one.

Thank you guys.

Never mind as OP realizes that they are throwing the money and time spent on the K-1 out the window.

Dave

Edited by Dave&Roza
Posted

Never mind as OP realizes that they are throwing the money and time spent on the K-1 out the window.

Dave

With all respect, it's up to him what he does. Given the expense of the K-1 and then the expense of adjusting status, I think he is making a wise choice. Yes, he has spent a few hundred on the K-1 petition, but I reckon even then this will still save him money when all is said and done.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

Posted

With all respect, it's up to him what he does. Given the expense of the K-1 and then the expense of adjusting status, I think he is making a wise choice. Yes, he has spent a few hundred on the K-1 petition, but I reckon even then this will still save him money when all is said and done.

Thank you Ketsuban I appreciate that. It's been a very hard struggle for us being away from each other so long as it is and the stress it's induced but we're making the best of it and doing everything we can to try and do this the right way y'know?

Posted

Thank you Ketsuban I appreciate that. It's been a very hard struggle for us being away from each other so long as it is and the stress it's induced but we're making the best of it and doing everything we can to try and do this the right way y'know?

I know :) I am in a similar situation. I've been with my partner for about 8 and a half years now and we only started actually meeting up 2 years ago. We (I) decided on the CR-1 over the K-1 due to the expense and complications of the latter.

I want to reiterate: Just be cool, relaxed and confident at the border. When asked the purpose of your visit say "to visit my fiancé", or whatever your usual line is. Then answer their follow-up questions truthfully.

The amount of people denied entry is extremely small. The amount of people who cross the border to visit their significant others is extremely high, especially with the advent of the internet.

Just remember to not overstay and you'll be fine.

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

Posted

Something else I've just thought of....

Given that the K-1 visa has been approved, it would obviously need to be cancelled. When I pass through Immigration, will it show on their system that I have a Fiancee visa approved/cancelled? and either affect my being able to pass through Immigration?

Posted

I know smile.png I am in a similar situation. I've been with my partner for about 8 and a half years now and we only started actually meeting up 2 years ago. We (I) decided on the CR-1 over the K-1 due to the expense and complications of the latter.

I want to reiterate: Just be cool, relaxed and confident at the border. When asked the purpose of your visit say "to visit my fiancé", or whatever your usual line is. Then answer their follow-up questions truthfully.

The amount of people denied entry is extremely small. The amount of people who cross the border to visit their significant others is extremely high, especially with the advent of the internet.

Just remember to not overstay and you'll be fine.

Thank you again Ketsuban, you've been a huge help and definitely reassured me, like I said, I've never had a problem before... but you can just imagine the absolute devastation of being turned away especially with all the money that has been put in to it and my family flying over a few days after I do and all the expense they've made to do so!

Sorry to keep pestering but would you mind taking a stag at the question I just posed above?

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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