penting K3 and visiting from europe

[guitarman 0]

hello all. my first post. and yes i have seen there are other postings regarding this issue but mine is a little bit different because i am living in europe and not in canada.

my angel and myself are not married yet but we both have serious intentions. we are just confused and a little concerned.

our question is: if we are already married and then we apply for a K3 do i HAVE to go back to my european country or would it be possible to travel to canada for lets say 2 or 3 months on a waver program and then visit her for a few weeks and go back to canada? i mean it is actually legal to stay 3 month in the usa then go to canada and reenter the usa within 1 to 90 days (depending how long i am allowed to stay in canada and the USA on a waver)

i am living on interests of my bank account and do have enough to support myself for the rest of my life (please do not ask, the answer is: YES, but i don't talk about money)

do you believe that would cause problems? i do have ties here in europe but i am not working anymore.

i am asking because i have friends in canada where i would be allowed to stay and then visit my wife during the K3 process.

as long as i do not violate the rules and overstay as "tourist" but leave the country back and forward within the K3 i think it would be legal, or am i wrong? and as far as i understood the K3 does not take longer than 10 months, so i would stay two times in the USA and two times in canada over a time period of legally 3 month based on the waver program.

[Reba 2]

The VWP doesn't quite work like that. You can't just come and go every 90 days. Others here from The UK and Europe will tell you that they have come to the US on the VWP and gone back home for a few months then tried to come back to the US for another 90 day visit and been denied entry and sent right back. I don't think visiting Canada for a couple of months then trying to get back to the US will work either.

I'm not sure, but I think technically, the VWP allows you 90 days visit per year, and it is up to the discretion of the CBP at the border or POE to determine if you are in the US too much, or for purposes other than as tourist.

Yep, some people I'm sure have done it. And then they get barred from re-entry until they have some sort of K or spouse visa, which can leave you separated from each other for a year or more.

If your friend wants to spend time with you, and you need more than the allowed 90 days on the VWP in the US, can she travel somewhere else with you? Like back to Switzerland, or for an extended holiday somewhere else?

[DelcoCouple 1]

It is all a bit of a gamble really. Some will say you risk being turned back etc. All I can tell you is that I travelled to the US for many decades before finally moving here. I think my record was in 2003 when I entered 32 times with on one occasion just 48 hours between departing DFW and re entering. All of those trips were on VWP. Either I am incredibly lucky or the risk is not as high as people would have you believe. Last year I visited at least once a month again without any problems at all. I was asked the purpose of my visit to which I generally replied, "Sex, I am visiting my girlfriend!"

You pays your money and makes your choices. Life is a calculated risk, only you can decide how high a risk you wish to take.

[DelcoCouple 1]

Canada would appear to be a no go btw. VWP travelers who have been admitted under the Visa Waiver Program and who make a short trip to Canada, Mexico or an adjacent island generally can be readmitted to the United States under the VWP for the original admission period. But perhaps some of the Canadian members can tell you a little more about that???

[Reba 2]

Canada is an entirely different animal, and not part of the Visa Waiver Programme at all. Canadians are allowed to visit the US for up to 6 months at a time without a visa of any sort.

[The_dip_sticks 0]

If your not married why not just file a K1 visa. The wait is a whole lot less than a K3 in most cases.

[marcycat 0]

I have basically the same question, except that our paperwork is already underway. We filed for a spouse visa, through the consulate (Direct Consular Filing.) There's a big mess going on now with DCF, and we're thinking about him coming for a 3 month stay, as a tourist. (He's French)

I'd like to hear from anyone who knows about couples with petitions already in progress and the foreign spouse coming to visit as a tourist. Particularly, what happens at the border if the foreigner is denied entry? Is it "traumatic" or just a big bummer?