New and a tad frustrated

[FutureMrs 1]

Hello. This is my first post. I hope that's not wrong I will go to the area and introduce myself in a bit, but I have some questions. First off, I'm very grateful for this site as I have read so many threads and different links given here to give me information.

My boyfriend is in the UK and I am an American citizen. A few things:

he's coming over to visit in June for 14 days. He is very nervous about being questioned and scared he will be turned back. This will be our first visit and he's not sure what to say. Unfortunately, he contacted a lawyer who scared him about being detained and possibly not let into the United States. I have read through the many, many pages on that thread about "you can visit" I am encouraged and I'm okay about him coming over and not turn back, but I'm not sure how to reassure him. Any thoughts?

we were going to get engaged in June when he came. So, we are going to file for the fiancée visa, but now that his fear of being rejected at the airport is so great, he is afraid to have anything close to the engagement ring we picked out together in his suitcase. So, we have talked to some people about doing the spousal visa, but I am at had confused about that. I'm not sure how one comes over from another country and gets married when I have read that when people come over to the US that they get question even about a girlfriend? Much less saying "we are going to get married."

if we go with the fiancée visa, we are talking about his next visit being October He already has both airline tickets paid for The June one in the October 1. But, that will be an entire year since we have been talking. An entire year before we can even file. And then the waiting begins. I have read the different arguments about doing the fiancée visa versus the spousal visa, and it seems to me the latter is better for us. However, I still don't know how people get married and not turned back at the airport.

I don't understand all of the abbreviations you guys use LOL I'm trying to learn, though. Can someone point me to something that explains what the abbreviations you all use our? I would appreciate it! Thanks.

[Changoleon 7]

Your boyfrind is a UK citizen. I am Iranian and I went to states to see my girlfrind with tourist visa and I had no trouble entering to USA in airport. I also had my ring in my suitcase and nothing happened eventhough I am Iranian. And since your boyfriend is British, I can gaurantee you everything would be fine. Have fun

[yuna628 9,677]

Hello. This is my first post. I hope that's not wrong I will go to the area and introduce myself in a bit, but I have some questions. First off, I'm very grateful for this site as I have read so many threads and different links given here to give me information.

My boyfriend is in the UK and I am an American citizen. A few things:

he's coming over to visit in June for 14 days. He is very nervous about being questioned and scared he will be turned back. This will be our first visit and he's not sure what to say. Unfortunately, he contacted a lawyer who scared him about being detained and possibly not let into the United States. I have read through the many, many pages on that thread about "you can visit" I am encouraged and I'm okay about him coming over and not turn back, but I'm not sure how to reassure him. Any thoughts?

we were going to get engaged in June when he came. So, we are going to file for the fiancée visa, but now that his fear of being rejected at the airport is so great, he is afraid to have anything close to the engagement ring we picked out together in his suitcase. So, we have talked to some people about doing the spousal visa, but I am at had confused about that. I'm not sure how one comes over from another country and gets married when I have read that when people come over to the US that they get question even about a girlfriend? Much less saying "we are going to get married."

if we go with the fiancée visa, we are talking about his next visit being October He already has both airline tickets paid for The June one in the October 1. But, that will be an entire year since we have been talking. An entire year before we can even file. And then the waiting begins. I have read the different arguments about doing the fiancée visa versus the spousal visa, and it seems to me the latter is better for us. However, I still don't know how people get married and not turned back at the airport.

I don't understand all of the abbreviations you guys use LOL I'm trying to learn, though. Can someone point me to something that explains what the abbreviations you all use our? I would appreciate it! Thanks.

Okay, well I hope this will make you feel a tiny bit better. Me and my guy have been at the back and forth traveling thing for quite a long time now. His first visit to the states, was to visit me. At the time we were best friends. As it was his first visit, and first time to America, he was questioned thoroughly (but was not taken to secondary). He was a college student in the UK at the time, so he had proof of going back home, a return ticket, and travel insurance. The immigration officer asked lots of questions like who I was, where did we know each other from, where he was staying, and how long, what he did in the UK, and how much cash he had on him etc. After answering all of the officer's questions, they were satisfied. Since that day there have been no problems, extended questioning, or trouble. And it never mattered if he said friend, girlfriend, or fiancé. They were always understanding. Yes they are generally no-nonsense and may appear stern, but their job is to make sure you're not up to bad stuff. The last time he visited was in September, when we filled out our paperwork. The officer advised him not to marry while using the visa waiver program. My fiancé smiled and said, ''yep I know. that's why we're filing for a fiancé visa when I go back home''. The officer seemed a little bewildered then laughed and said ''well it's about time, you've been here so much!" That was that really.

While being turned back at a point of entry can and does happen, your boyfriend needs to remain calm and realize that if he has plenty of proof to return home it is fairly unfounded. There would be more of a probability of *you* being turned back at his border, than him here.

He should always choose to be honest: he can say I'm visiting my girlfriend, but he should expect to be asked questions and he should have answers for them. It won't be anything horrible.

To be able to marry in the US you would need to file for a K-1 fiance visa as you know. Your other option would be to marry in the UK. Be advised though this is a complex process with it's own unique rules. You would need to file for a marriage visitor's visa and meet the financial requirements and proofs -- and you would still have to return home. Once married and home you could then file for a spousal visa to bring him to the US. Or once married, and you are home, he would then have to prove the financial burden and requirements in order to bring you to the UK - which is an even more difficult process when it comes to requirements.

So, I suppose ask yourself this question: what country do you two want to live in?

As far as the ring goes I can offer no advice, as we purchased the ring together while I visited him in the UK.

This is your first visit together so definitely enjoy it, but consider carefully the various logistics and factors of where you want to be.

Bottom line, it is unlikely that he will be rejected at the point of entry unless there is something suspicious about his history or something that would make him suspect. UKers are on the Visa Waiver Program, and will need to complete the ESTA (pre clearance) before they even get on the plane. He should always be honest, and make sure he has plenty of proof to return home. You can review questions with him before he flies.. that may help him be at ease.

Wait times for fiancé visas will not exactly be as severe now for new applicants. All new applications are being directly routed to California Service Center, which can process an application within a few months. We don't know how long that will last however.

Edited April 17, 2015 by yuna628

[FutureMrs 1]

Thank you for your responses. Please note that I have a lot of typos because I use my voice to type and I don't always go back to edit LOL Sorry about that.

I have a few comments and more questions. I hope you all can chime in and know that I am very appreciative of any help.

Changoleon... I'm so glad to read what you had to say! So happy for you.

Yuba... Thank you for taking your time to respond. We are going to marry and live in the United States. I am disabled and we think it would be much too difficult for me to the live in the UK.

Speaking of that, I will be able to meet the K-1 financial requirements, but barely. However, doesn't have a time when I have to meet 125% of the poverty level? From what I understand, I have to meet the 100% poverty level for the K-1 and if I do not have enough income, assets are considered at three times the amount of true value. In my right on that? In other words, if I bring in $10,000 per year, and let's say the poverty line is at $16,000 even I know what it really is Then it's not just $6000 that I need in liquid assets or assets that need to be able to be liquidated within one year, but it's three times the $6000. In other words, $18,000. Do I have that right?

When do I have to meet the 125% of the poverty level?

Our plan was to get engaged in June when he comes. But, because of the fear that he has about being questions so much, he put it off until the October trip. We had everything going as far as an engagement dinner, announcements, etc. I want so badly for us not to have to wait to file for the K-1 in October.

His visa is an ESTA visa he got in January for the trips this year. The proof that he has that he is going home is a return ticket already, another ticket that he bought for the October trip that he can show. He also has his contract paperwork from his job and the slip he will get for his vacation time showing that he has to return back to work on June 14. He is going to print out his bank statement from the day before leaving England. That will show he has money in England. I'm not sure what else he would need because I read the threads and it seems that's all he needs He does not have a lease nor a mortgage, so there's not that to show.

LOL regarding anything suspicious about him. Nothing but him being very nervous. He tends to just have a nervous demeanor anyway. And then to think he's going to be questioned as if he's in a Jack Bauer show is just so much for him.

We have seriously talked about the CR-1 one because there is some great things about it compared to the K-1 but like I said, I don't know how people get married in the US and then file for the CR-1.

It was fun reading your story about your fiancé going through the border. I really enjoyed reading everyone's stories on here! I read your timeline and sorry to see that you are trapped in the Texas prison! I keep reading stories about that. Is that where my files would go I am in Missouri.

T.S.

[FutureMrs 1]

I just read your edit. Receive it I will have my paperwork in California.

Oh, another question If I need a joint sponsor, does the financial stuff come only from the joint sponsor, or are my finances and assets joined with the joint sponsor so that it is combined?

Thanks for the help.

T.S.

[yuna628 9,677]

Going to pick out the questions I can answer for you.

London K-1 process is a lot less difficult than other embassy. For just the K-1 you or a co-sponsour will need to prove the 100% on the I-134 form. This you give to your fiancé before his interview, along with secondary financial evidence like a tax transcript and an employer letter. If using a co-sponsour for that form, only that person needs to fill it out. There are even some instances of self-sponsourship for this part in London.

Once your fiancé has their visa issued to them and they are in the US and married, this is where the 125% comes in. You will need to file to adjust his status, this enables him to remain and work in the US legally. For that particular sponsourship/financial form is the I-864, and if you don't make enough, you can have joint sponsours. Both you and the joint would each fill out a form. It's a higher burden financially sure, but I know they give you many ways on making up for that proof of it.

The poverty guidelines are here. http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf I'm sure someone will have better advice on assets.

I know you don't want to wait, but it might be good for him to just come visit you this first time instead of panicking about being 'caught' with a ring, so that he can gain more confidence with the process. I would think the evidence he has to return home is enough, and chances are they won't even ask him for it, but you never know. I can understand the nervousness, it is hell for me going to the UK every time. Just make sure he's got all his questions/answers down, 9 times out of 10 he'll be fine. I know that point of entry officers and their behaviour can vary depending on the airport; ours has always been pretty easy and has a good reputation, perhaps someone else here has better knowledge of yours.

If he is further worried about the ring, you don't need one in the USCIS's eyes to be engaged of course (but I know he probably wants to do it all 'the right proper way' ). But what it is good to provide is proof of an on-going relationship/that you have actually met, so spend lots of time together going places and getting receipts, taking photos. That will be important for either process.

And thank you, hopefully we'll be getting out of this Texas black hole soon.

Edited April 17, 2015 by yuna628

[FutureMrs 1]

Whoa, what? Self sponsorship. I need more explanation on that! This is new to me. Wow. Do you mean a resident of London only? He doesn't live in London. But that's for that shiny, sparkly, beautiful ring of mine is LOL

Okay, so for the K-1 I can sponsor him at the 100% poverty line, but then when it comes to the 125%, I can have a joint sponsor then? Or, do I need the joint sponsor from the very beginning? And, I guess I'm not understanding Am I able to use my finances along with her finances and combined them to show enough financial stability? Or is it one person or the other only?

Yeah, he's my "proper" Brit. He wants to do things very nicely with a gorgeous ring he picked out. I picked out a Tatana rings and put them on my Pinterest board for him to look at to get an idea and then wow! He picked one completely different and I am so loving it. We are spending a ton of money, but it's something I can look down on at my finger when we are so many miles apart for so long and touch it remembering the nice times we had in June. Things like that Well, I mean since we are going to get engaged in June now, whenever it happens. I'm not a gal who needs the diamonds and pearls and the white picket fence home or a lot of "stuff." He knows that. He published two books recently and dedicated them to me and wrote one poem just for me and one of them. I would take that over pretty, shiny things that will perish one day any day!

You mentioned that I-34 form. I thought it was called the I-30 form.

I'm not following you on this: "This you give to your fiancé before his interview, along with secondary financial evidence like a tax transcript and an employer letter."

I give the I 34 to my sweetheart? And what financial evidence .... You may like my disability award letter and assets and stuff? I had no idea that anything goes to him. I thought everything gets filed in America.

And ironic thing happened today. A very good friend of mine just announced that she passed her test as a border patrol agent! Ha! I had no idea she was even going for that. I'm not one to believe in quince offenses, so I sent her a message and said "what?! Wait a minute We need to talk. I'm going through this very thing right now. Can you help us so he is calmer Like what would keep him from being allowed to enter into the US?"

Another friend I spoke with tonight He and his wife have been married for 11 years now. He was actually on this site way back when and married a woman from Hong Kong. He's been a great help. He says there should be no problem at all for him to get through and saying that I am his girlfriend. They didn't have problems when they did it back then, either.

Okay, the 125% comes in AFTER marriage In other words after the K-1 is approved and he is in the United States and we get married within the three months after he gets the visa? I have to file something that shows 125% from only my income and / or income and assets Is that what you mean After marriage? Like a year or however long it takes?

Oh, we will definitely be having dinners and receipts and things like that to return home. Because I am quite disabled, I can't do a whole lot, but there will be evidence of a definite relationship. I mean, his book last year and his book this year are both dedicated to me. There's a ton of evidence already. But, I know what you mean.

T.S.

[FutureMrs 1]

Also, if he and I decide to go ahead and get engaged in June and he doesn't have my "real ring" we can just get an inexpensive ring while he's here. But, does he have to tell the border patrol person that on the way in in June even if he doesn't know if that's what's going to happen? Like let's say the person asks him something like " are you going there to get engaged or married?" And my sweetheart says " no. I'm going there to visit her and get to know her better in person." Or something like that And then on a whim we decide to go ahead and get engaged Will it look like he lied? Neither one of us ever want to live. Both of us are Christians and don't agree with that anyway, much less trying to get our way around anything. Thanks!

[KayDeeCee 4,893]

To be able to marry in the US you would need to file for a K-1 fiance visa as you know. Your other option would be to marry in the UK. Be advised though this is a complex process with it's own unique rules. You would need to file for a marriage visitor's visa and meet the financial requirements and proofs -- and you would still have to return home. Once married and home you could then file for a spousal visa to bring him to the US. Or once married, and you are home, he would then have to prove the financial burden and requirements in order to bring you to the UK - which is an even more difficult process when it comes to requirements.

You do not need a K-1 visa in order to be able to marry in the US. You can enter the US as a tourist and marry. You just cannot enter the US with the intent to marry, stay and file to adjust status.

FutureMrs:

Check out the visa comparison chart > http://www.visajourney.com/content/compare

See this page of the VJ wiki for some of the abbreviation meanings > http://www.visajourney.com/wiki/index.php/Acronym_Summary

~ Moved from K-1 Process to What Visa Do I Need - OP still deciding on immigration path~

[FutureMrs 1]

Thank you, I have seen the first link before, but not the second. I will take a look at that.

I knew we could get married if we want, but I just didn't know how to go about it. I mean there's no visa necessary from what I understand, but how does he tell the border guy when he comes that he is going to marry in the United States for the 14 days that he is here? Doesn't that send a big red flag to them? Obviously he will tell them he does not plan at all to stay here. And he will have evidence showing that he's not going to stay here, but how do people do it? Or did they just not say they're going to get married?

I think it is a much better deal to go the married first route instead of fiancée visa route. Really, I have compare the two several times over and I would much prefer the married route because of all of the benefits of it.

I mean, I know it may take a few months longer on that visa, but the benefits much more outweigh the benefits of the K-1 fiancée visa in my opinion. No matter what, the waiting period is still going to be difficult. Waiting as a fiancé or waiting as a spouse.

But, don't I have to show the hundred and 125% over poverty line from the beginning on the CR-1 instead of 100%?

[Boiler 45,557]

You make it sound like you have yet to meet?

[KayDeeCee 4,893]

He does not have to say he is entering to marry, unless they directly ask him. They usually just ask for purpose of trip, 'business or pleasure?' If asked, he should be honest about having a destination wedding in the US and that he will then return home. He should being proof of ties to his country along with him. This is an older post, but has good info > http://www.visajourney.com/forums/topic/330181-what-is-best-thing-to-say-when-entering-us-on-vwp-when-planning-to-marry-in-us-then-file-cr-1/

Yes, you will need to provide an I-864 when applying for a spousal visa. These are the poverty guidelines > http://www.uscis.gov/sites/default/files/files/form/i-864p.pdf

You can use a joint sponsor and/or list your spouse's assets on your I-864. Here are the instructions for that form > http://www.uscis.gov/sites/default/files/files/form/i-864instr.pdf

[yuna628 9,677]

I'll bold my answers to your questions here.

Whoa, what? Self sponsorship. I need more explanation on that! This is new to me. Wow. Do you mean a resident of London only? He doesn't live in London. But that's for that shiny, sparkly, beautiful ring of mine is LOL --- London is the embassy your fiancé will go through and interview at, which is used for England, Wales, and Scotland. I don't know too much more about self-sponsouring for London, but I do know it is possible - usually if the foreign fiancé has a good amount of savings. Self-sponsouring won't apply for a spousal visa however.

Okay, so for the K-1 I can sponsor him at the 100% poverty line, but then when it comes to the 125%, I can have a joint sponsor then? Or, do I need the joint sponsor from the very beginning? And, I guess I'm not understanding Am I able to use my finances along with her finances and combined them to show enough financial stability? Or is it one person or the other only?

Yeah, he's my "proper" Brit. He wants to do things very nicely with a gorgeous ring he picked out. I picked out a Tatana rings and put them on my Pinterest board for him to look at to get an idea and then wow! He picked one completely different and I am so loving it. We are spending a ton of money, but it's something I can look down on at my finger when we are so many miles apart for so long and touch it remembering the nice times we had in June. Things like that Well, I mean since we are going to get engaged in June now, whenever it happens. I'm not a gal who needs the diamonds and pearls and the white picket fence home or a lot of "stuff." He knows that. He published two books recently and dedicated them to me and wrote one poem just for me and one of them. I would take that over pretty, shiny things that will perish one day any day!

You mentioned that I-34 form. I thought it was called the I-30 form. -- I-134 is the financial support form for K-1 fiancé visas. I-130 are used for spousal IR1/CR1 visas.

I'm not following you on this: "This you give to your fiancé before his interview, along with secondary financial evidence like a tax transcript and an employer letter."

I give the I 34 to my sweetheart? And what financial evidence .... You may like my disability award letter and assets and stuff? I had no idea that anything goes to him. I thought everything gets filed in America. --- when you file a fiancé visa you will put together a package of various forms and evidences and send them in. once it's reviewed and approved, eventually he goes to London to have his interview at the embassy. That is where he will have to present the financial form/evidences. Have a look over these two guides if you want to learn more about the fiancé visa process http://www.visajourney.com/content/k1guide

and this one which is UK/London specific.

http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/

And ironic thing happened today. A very good friend of mine just announced that she passed her test as a border patrol agent! Ha! I had no idea she was even going for that. I'm not one to believe in quince offenses, so I sent her a message and said "what?! Wait a minute We need to talk. I'm going through this very thing right now. Can you help us so he is calmer Like what would keep him from being allowed to enter into the US?"

Another friend I spoke with tonight He and his wife have been married for 11 years now. He was actually on this site way back when and married a woman from Hong Kong. He's been a great help. He says there should be no problem at all for him to get through and saying that I am his girlfriend. They didn't have problems when they did it back then, either.

Okay, the 125% comes in AFTER marriage In other words after the K-1 is approved and he is in the United States and we get married within the three months after he gets the visa? I have to file something that shows 125% from only my income and / or income and assets Is that what you mean After marriage? Like a year or however long it takes? -- Yes that's right, once he is in the US and married to you, you will file a package of forms that includes a financial form with the 125% from you/joint sponsour. This guide explains that process. http://www.visajourney.com/content/k1k3aos

Oh, we will definitely be having dinners and receipts and things like that to return home. Because I am quite disabled, I can't do a whole lot, but there will be evidence of a definite relationship. I mean, his book last year and his book this year are both dedicated to me. There's a ton of evidence already. But, I know what you mean.

T.S.

Also, if he and I decide to go ahead and get engaged in June and he doesn't have my "real ring" we can just get an inexpensive ring while he's here. But, does he have to tell the border patrol person that on the way in in June even if he doesn't know if that's what's going to happen? Like let's say the person asks him something like " are you going there to get engaged or married?" And my sweetheart says " no. I'm going there to visit her and get to know her better in person." Or something like that And then on a whim we decide to go ahead and get engaged Will it look like he lied? Neither one of us ever want to live. Both of us are Christians and don't agree with that anyway, much less trying to get our way around anything. Thanks!

You should only provide honest answers to the questions the officers ask.

It's all in your intent. If the officer asks the question and he says no, and the answer is truly no, because you don't plan on getting married right then and there, but decide to later on, that's fine. As long as he returns home afterwards. Here is the spousal visa guide: http://www.visajourney.com/content/i130guide1

Good luck whichever route you decide.

[BaronB 42]

He must just say he is there for a vacation. You are not even engaged so he won't even need to mention the word fiance. The truth is that you are just friends at the moment. Plan whatever you want to do AFTER he gets there so you don't need to tell lies now.

[Sharon&josh 6]

I know all about panicking at the POE. The first time I went to visit my best friend in America I was so worried about the PoE that I think that the people asked me more questions because of it, it didn't help that I was staying at her house so that made it so much harder as they asked me again and again what address I was staying at. It was kind of funny that at the end I just thought that all I have to do is next time I just have to show confidence. I have been to America like 6 times. I haven't had trouble since all the questions the first time, and really it wasn't even that bad the first time it was just lots of repetitive questions. With regards to having the ring in his bag I wouldn't even worry in the slightest. The last time I went to America I was going to my Fiances for Thanksgiving and Christmas. He had proposed in August when he found out he was getting a new job back home (he had been living in Ireland for nearly 2 years at that stage and we had been living together for nearly one year) and we got my ring sometime in September. When I went through the PoE (dublin, Ireland) the agent asked me for my passport which I handed him with my engagement clad hand, he asked me why I was going to America, like normal, and I said to spend Christmas with my future husband. The PoE guy then proceeded to joke with me and ask me if my fiance knows that we are engaged.. I think most of the time it is a matter of your nerves making them more nervous. I know another time I was going through PoE (Shannon, Ireland) the guys in front of me were trying to bring in bacon and sausages to their friends, even though that is something that isnt allowed. The guy just played dumb and all that happened was the meat was taken off him and I assumed destroyed, so I am sure once your ring isn't made from the finest British pig you have nothing to worry about.