I'm new, need K1 Visa help (pretty urgent)

[Polus2016 0]

Hi guys, my fiance and I are torn between what to do here. My fiance has been in Poland with me for a long time now. He entered on the VWP, he was here for 3 months then detained in London when trying to enter for the day. They told him he overstayed then sent back to Poland. The Polish immigration officers told him he didn't overstay, the type of passport he had allows him to stay as long as he felt necessary. He holds a standard US passport... He was told this by 4 or more different immigration officers since his stay. He looked into it and it seems this IS NOT the case. His mom is in critical condition, she's been diagnosed with Pulmonary Fibrosis and has been taking a turn for the worst.

We are intending to file the I-129F, but we do not want any troubles while he's here, we don't want him facing any consequences of something he was told was perfectly fine. He called a lawyer in the US and they told him to file the petition while he's there, provide all the proper information etc... Our concern is, doing this... Will they pull up his information, track him down and send him back to the US? He was told to file the I129F, as we marry in the US proceed by filing the I485 or adjustment of status. We are concerned that his overstay that was acclaimed legal will hurt us...

Also, I was denied a tourist visa awhile ago... Does that have anything to do with me marrying him? We've been together for 3 years now. So there's no troubles with any of the prerequisites or requirements. We're just worried here and are very unsure of who to gather information from. Thank you for the help guys! Have a great day!

[Ben&Zian 4,398]

He, your fiance, is the USC and you are the beneficiary from Poland? correct?

[Polus2016 0]

He, your fiance, is the USC and you are the beneficiary from Poland? correct?

Yes I'm sorry, I should have clarified.

[Ben&Zian 4,398]

All good, just making sure as that is key in it all..

From what I have understood, and perhaps some others who have been in this specific type of situation before could correct me if I am wrong... As long as he has never been actually arrested/convicted of anything in Poland or the U.K.(when he was detained and sent back), the U.S. does not really care about any over stay he may or may not have in Poland.

They care more about his criminal background(if he has any) and your background as the beneficiary.

This "overstay" I don't think even would come up or be mentioned, and I do not think they would care either. So no, he is not going to get "hunted down" as you put it.

Also, you being denied a tourist visa should not affect the K-1 process at all. As long as you were honest on the application and did not misrepresent.

Edited November 14, 2016 by Ben&Zian

[yuna628 9,758]

Could you clarify something for me please. Is your fiancé the individual who is the USC, and you are the individual from Poland?

Secondly, The VWP allows a person to stay for up to 90 days, not for as long as the person wants. In order to stay with you he must have some sort of documentation with the Polish authorities yes? Thirdly, I am confused as to the nature of the detention in London. If they are the USC, why did they send him back to Poland and not to the United States where I assume they live? Then again, nothing really surprises me about what goes on in London immigration. I have a suspicion of what they thought he was doing, but that's water over the bridge now.

Suffice to say as he is the USC, this has absolutely no bearing on the case and on if he can file the I-129F. The immigration issue is his and not yours, and your history is what our government will be looking at. And no, you being denied a tourist visa will not have bearing either. You were most likely denied for not being to overcome immigration intent, yes? If so, the purpose of a K1 fiancé visa is to immigrate to the US.

In order to file the petition your USC fiancé must be currently residing in the US. It sounds like he's not, so you're going to need to plan for that.

Edited November 14, 2016 by yuna628

[DrEllaNJ 288]

so you're concerned that filing for US benefits will cost him his Polish visa? Will he still need it?

Do you intend to move to the US permanently? Will he have enough information to show he can support you there?

What was the reason you were denied a tourist visa previously?

I'm utterly confused about this whole situation.

[Limey 551]

This is a confusing post!

You've said that your fiance is the US Citizen. But then you've said he entered on VWP? If he's a US Citizen, he can obviously enter and live in the US - he doesn't need any visa, he's a citizen.

So that makes me think you're asking a question about EU/Polish visas/overstay, and his legal situation in Poland? This forum is for US visa advice, I think you'll need to look somewhere else if you're seeking help with an EU visa issue.

[Polus2016 0]

Could you clarify something for me please. Is your fiancé the individual who is the USC, and you are the individual from Poland?

Secondly, The VWP allows a person to stay for up to 90 days, not for as long as the person wants. In order to stay with you he must have some sort of documentation with the Polish authorities yes? Thirdly, I am confused as to the nature of the detention in London. If they are the USC, why did they send him back to Poland and not to the United States where I assume they live? Then again, nothing really surprises me about what goes on in London immigration. I have a suspicion of what they thought he was doing, but that's water over the bridge now.

Suffice to say as he is the USC, this has absolutely no bearing on the case and on if he can file the I-129F. The immigration issue is his and not yours, and your history is what our government will be looking at. And no, you being denied a tourist visa will not have bearing either. You were most likely denied for not being to overcome immigration intent, yes? If so, the purpose of a K1 fiancé visa is to immigrate to the US.

In order to file the petition your USC fiancé must be currently residing in the US. It sounds like he's not, so you're going to need to plan for that.

He is the USC, we are aware of the WVP regulations. That's why it was shocking by how many immigration officers told him he's okay to stay. It make absolutely no sense. He lives in the US, but is currently in Poland. We figured he'd have to go back to file the proper documentation. Thank you for your answer, it's kindly appreciated.

[Polus2016 0]

so you're concerned that filing for US benefits will cost him his Polish visa? Will he still need it?

Do you intend to move to the US permanently? Will he have enough information to show he can support you there?

What was the reason you were denied a tourist visa previously?

I'm utterly confused about this whole situation.

Again, apologies for the confusion. He's the USC, he overstayed here in Poland and is currently here due to misinformation and poor communication with immigration officials. We are planning on marrying in the US, I'm A Polish citizen and we were told to file for the I129F while he's here. We just want to know if they'll come looking for him

Thanks for the reply, again my apologies.

Edited November 14, 2016 by Polus2016

[RobertM54 36]

Again, apologies for the confusion. He's the USC, he overstayed here in Poland and is currently here due to misinformation and poor communication with immigration officials. We are planning on marrying in the US, I'm A Polish citizen and we were told to file for the I129F while he's here. We just want to know if they'll come looking for him

Who is they? You are fine from a USCIS perspective!

Good luck

p.s. Is his status in Poland OK now?

p.p.s. I think everyone is confused by the mention of VWP. Is there a reciprocal VWP for Poland to which you refer?

Edited November 14, 2016 by RobertM54

[Polus2016 0]

Who is they? You are fine from a USCIS perspective!

Good luck

p.s. Is his status in Poland OK now?

p.p.s. I think everyone is confused by the mention of VWP. Is there a reciprocal VWP for Poland to which you refer?

By "they" he means the US sending Polish officials to get him out of the country. We have talked to dozens of police officers, lawyers and immigration tenants here in Poland who say he is in no trouble being here. My fiance is very adamant that he will face troubles come time to go back to America. Sorry for the confusion, I wrote this quickly...

The reason I mentioned him entering on the VWP is because we knew the regulations, but apparently here in Poland our authorities say it's different for Americans staying in Poland. This is why we're so dumbfounded because it doesn't make sense why the IO's are letting him stay, maybe because he spends a hell of a lot of money? (This is what one lawyer said) Others have even said to him he's no liable threat, we're just lost because theres no written documentation stating his overstay is justifiable somehow.

All in all my fiance is perfect, no criminal, non violent, no charges what so ever. He was told to explain this to the IO's when leaving.

Thanks for your reply!

[RobertM54 36]

By "they" he means the US sending Polish officials to get him out of the country. Not going to happen! ...

The reason I mentioned him entering on the VWP is because we knew the regulations, but apparently here in Poland our authorities say it's different for Americans staying in Poland.So it appears he can stay for 6 months plus 90 days without a visa. After that he requires additional permission. In Ukraine that means you drive to a border post, pay a nominal "administrative processing fee" and get an extension. I am sure the rules in Poland are a little more formal. Apparently he has not fully met those formalities. USCIS does not care. The embassy may care when it comes time for the interview. I recommend that he ask them.

All in all my fiance is perfect, no criminal, non violent, no charges what so ever. He was told to explain this to the IO's when leaving! Fantastic! Good luck,

[Polus2016 0]

Thank you again, this will help us sleep a little bit better. It's very hard on us due to his mother being sick and us wanting to get there as quickly as possible.

As far as his immigration status, our family is just so confused why theyre letting him stay... But we won't complain, they've been very gracious and courteous to him thus far.

One question, so he can file the I129F while abroad correct? We've done extensive research, some sites say yes, some say no. I recall reading somewhere on a .gov site that he's allowed to file whilst abroad. Not 100% on this. Thanks again!

[RobertM54 36]

Yes he can file while abroad.

When you say his immigration status - you are referring to his visa status in Poland? He is not immigrating to Poland - you are immigrating to USA, right? I would avoid any mention of immigration and Poland whilst you work on your immigration to USA.

How will he prove income is USA? Will he have a co-sponsor? Not an issue for the I-129f but you need the I134 for the interview.

The London story is confusing. It sounds like he was denied entry to the UK because of his Polish overstay. Has no relationship to the USA - we have to take him back!

[yuna628 9,758]

Yes he can file while abroad.

When you say his immigration status - you are referring to his visa status in Poland? He is not immigrating to Poland - you are immigrating to USA, right? I would avoid any mention of immigration and Poland whilst you work on your immigration to USA.

How will he prove income is USA? Will he have a co-sponsor? Not an issue for the I-129f but you need the I134 for the interview.

The London story is confusing. It sounds like he was denied entry to the UK because of his Polish overstay. Has no relationship to the USA - we have to take him back!

I would say that the UK probably thought he was attempting to get into UK without any ties, travel around a bit, and get back into Poland... ya know just 'float around'. I can't say from the OP's description of it, what he had traveled to the UK for. If had been a short stop to then continue onwards to a US destination, they should have surely returned him to his home country. Or it could very much be one of those cases that get very screwed up in a time when the HO isn't particularly friendly to a potential immigrant of any kind.

OP: The issue is really going to be what address will he use on the application? Who will be picking up and reading the important mail from the USCIS that he must obtain? What job has he got in the US that allows him so much time away from his country to be with you? Does he meet the financial guidelines? What will be the living and job situation in the US? This is not a quick application you know. It may take up to 6 months to process, and a few more to complete on top of that.