October 2017 I-129 K-1 filers

[sumbunny 566]

I don't want to discourage you, but that's EXACTLY what they said to us before they turned him away. "This won't affect your application for a K1, but don't come back without your K1 or very strong ties to Canada or the denial could be permanent or you could be detained / charged / banned long term". We asked what would be considered strong ties and the officer said, any new employment or lease would HAVE to be more than 6 months now that he has been turned away to establish strong ties. So we haven't even tried it because we didn't want to take  any chances.

 

No matter what happens... be strong girl! You guys can do this <3

Edited January 25, 2018 by sumbunny

[Brittani 484]

They’re letting him in but they made him sign a waiver stating he would not come back until the k1 is in his hand. They told him he got very lucky because they were close to throwing him in jail, charging him, and sending him back ASAP. But because we’ve never been told you’re not allowed to stay in the US more than your home country (mind you we really haven’t we just thought as long as he doesn’t overstay 90 days all is good) and talking to me they let him go. Just be very careful about it guys. Thank you for all the encouraging words. I am somewhat lifted. He has missed his flight but is on standby.

[sumbunny 566]

OMG, that is wonderful news! So happy to hear it. Good for you. Enjoy your time together <333

[Brittani 484]

Just now, sumbunny said:

OMG, that is wonderful news! So happy to hear it. Good for you. Enjoy your time together <333

I am thanking my lucky stars right now. I’m so relieved and still sad it even happened because he’s a great person who has never broken the law. Just hope he’s able to catch the next flight to Atlanta.

[Brigitte84 143]

3 minutes ago, Brittani said:

I am thanking my lucky stars right now. I’m so relieved and still sad it even happened because he’s a great person who has never broken the law. Just hope he’s able to catch the next flight to Atlanta.

Thank God they let him in! 🙏🏼🙏🏼🙏🏼 

[Naes 12,205]

1 hour ago, Brittani said:

They’re letting him in but they made him sign a waiver stating he would not come back until the k1 is in his hand. They told him he got very lucky because they were close to throwing him in jail, charging him, and sending him back ASAP. But because we’ve never been told you’re not allowed to stay in the US more than your home country (mind you we really haven’t we just thought as long as he doesn’t overstay 90 days all is good) and talking to me they let him go. Just be very careful about it guys. Thank you for all the encouraging words. I am somewhat lifted. He has missed his flight but is on standby.

First of all I am so sorry you guys had tho through this panic.

 

unfortunately esta and most visa waivers have that rule... but I only know it because I travel too much, it is not that surprising you guys didn't know.

 

please enjoy your time  

 

 

 for anyone planning to travel:

Even if you get rejected at the port of entry because of not having ties (that does not affect your k1. It just shows immigrant intent ... and well in the end k1 is for that specifically so it is not going to be a problem. 

Edited January 26, 2018 by Naes

[Brittani 484]

1 minute ago, Naes said:

First of all I am so sorry you guys had tho through this panic.

 

unfortunately esta and most visa waivers have that rule... but I only know it because I travel too much, it is not that surprising you guys didn't know.

 

please enjoy your time  

 

 

 for anyone planning to travel:

Even if you get rejected at the port of entry because of not having ties (that does not affect your k1. It just shows immigrant intent ... and well in the end k1 is for that specifically so it is not going to be a problem. 

It made sense after he explained that to me. Just I would have thought all the times he’s came before at least one immigration officer would have told him that. They always told him enjoy his stay. 

 

Do you think theyre going to look at how long he stayed last year and take that into consideration? Is that grounds for denial or only if he’s charged?

[Naes 12,205]

3 minutes ago, Brittani said:

It made sense after he explained that to me. Just I would have thought all the times he’s came before at least one immigration officer would have told him that. They always told him enjoy his stay. 

 

Do you think theyre going to look at how long he stayed last year and take that into consideration? Is that grounds for denial or only if he’s charged?

No. Unless he overstays ever (and if he did up till this point they wouldn't let him in. By the way even if they rejected him entry and he went back home it wouldn't affect the visa.

 

i can't remember if esta had an overall limit (it may be 180 days a year - in Europe they told me 180 days a year at least for visa) 

 

other than overstaying it won't effect k1. But what I would do is check the esta rules about times again and count how long he has been in the country so far in the past 365 days. Just to be sure.

Edited January 26, 2018 by Naes

[DPP123 409]

I am really sorry that happened Brittani.  I hope he gets to you tonight and you can give him a big hug.  I would be a mess too.  But I was under the same impression as you.  If they have come legally and have not overstayed the ESTA, then there shouldn't be a problem, right?  I checked the ESTA website and there is no clear rule or number on the timing between trips.  Only that it should not be over 90 days and that  you shouldn't give the officer the impression that you are trying to live here.  Anyway, I hope he has a great trip and you two enjoy your time together.  

[Brittani 484]

1 hour ago, Doris123 said:

I am really sorry that happened Brittani.  I hope he gets to you tonight and you can give him a big hug.  I would be a mess too.  But I was under the same impression as you.  If they have come legally and have not overstayed the ESTA, then there shouldn't be a problem, right?  I checked the ESTA website and there is no clear rule or number on the timing between trips.  Only that it should not be over 90 days and that  you shouldn't give the officer the impression that you are trying to live here.  Anyway, I hope he has a great trip and you two enjoy your time together.  

Thank you.

Yeah, after I shopped around online for answers I did find it you can’t stay more than 180 days in the US within a years time. I feel like I’ve seen the 180 number before but I thought it meant you can’t stay past 180 days after you were suppose to go back. If that makes sense. I’m no expert at all. I never traveled outside the US until I met my fiancé so I’m pretty ignorant to the laws which I know is no excuse I’m just so thankful that officer took mercy on us and I’m really hoping the K1 approvals move at a rapid pace as of now because this will be my last time seeing him until he gets his K1. That’s a hard pill to swallow but a necessary one.

[Brittani 484]

And I don’t want to discourage anyone from visiting their fiancé by my story. Ours happened because he technically overstayed a few weeks last year without us realizing what we were doing. As long as you didn’t stay in the US longer than 180 days throughout the year you’re perfectly fine I would think. Best of luck to anyone visiting while waiting. That was a horrible experience for him and myself.

[Buhr 122]

1 hour ago, Brittani said:

And I don’t want to discourage anyone from visiting their fiancé by my story. Ours happened because he technically overstayed a few weeks last year without us realizing what we were doing. As long as you didn’t stay in the US longer than 180 days throughout the year you’re perfectly fine I would think. Best of luck to anyone visiting while waiting. That was a horrible experience for him and myself.

I’m so sorry that happened to you two. I myself get anxious every time I cross the border to see my fiancé because I always think they’ll come up with a reason to deny my entry and cancel my visa.

 

Is it an option for you to go visit him in England?

[L and E 305]

6 hours ago, Brittani said:

I am thanking my lucky stars right now. I’m so relieved and still sad it even happened because he’s a great person who has never broken the law. Just hope he’s able to catch the next flight to Atlanta.

I'm glad he can stay... Very scary situation for you, I can only imagine. Unfortunately any non USC coming into the US is viewed as "guilty until proven innocent" unlike the principle we deem very important as USC's which is to be innocent until proven guilty... doesn't sit right with me, and sounds pretty darn terrible from the sounds of the few stories shared here. Well, all is well... Rest, enjoy your time and be happy! Really sounds like you guys deserve it 

[Christy&J 837]

alright ! I kinda have situation now.

 

First of all I am sorry to hear all the stress that happened to you Britani.

 

now this concern me lot and lot ! back in 2017 I visited James every months for 7 days. That time I had my Indonesian citizenship and passport but since December 2017 I am a German citizenship with German passport, I applied for ESTA and it's easy pissy to get it.

 

James just got back to the State 3 days ago  now we are planning to fly me to the state for his 40 Bday ( I know he is old ----ahmm I meant not old he is Vintage xD ) for like a week.

My POE will be Charlotte ( this is military flight so this is the cheapest they can get me xD )

 

need to get some advice if I would have any difficulties as I travelled too many times to the States ( I don't count my time travel to US for work ) - or should I just wait until I get my K1 visa ?

 

thank you thank you

 

[Naes 12,205]

16 minutes ago, Christy&J said:

alright ! I kinda have situation now.

 

First of all I am sorry to hear all the stress that happened to you Britani.

 

now this concern me lot and lot ! back in 2017 I visited James every months for 7 days. That time I had my Indonesian citizenship and passport but since December 2017 I am a German citizenship with German passport, I applied for ESTA and it's easy pissy to get it.

 

James just got back to the State 3 days ago  now we are planning to fly me to the state for his 40 Bday ( I know he is old ----ahmm I meant not old he is Vintage xD ) for like a week.

My POE will be Charlotte ( this is military flight so this is the cheapest they can get me xD )

 

need to get some advice if I would have any difficulties as I travelled too many times to the States ( I don't count my time travel to US for work ) - or should I just wait until I get my K1 visa ?

 

thank you thank you

 

For traveling too many times no.

 

normally in Europe it says if you stayed for a month then stay in your country for a month. And esta is not supposed to have this, but still it is important to be careful about this as we saw this case today.

 

i would count how many days you traveled (including work unfortunately) in the past 365 days and be careful about the total including this travel not to get close to 180.

 

personal statement_ they say vintage is good like wine. I myself like fresh but they also say American man ages better so expecting a good Cabernet from my men in 20 years.

Edited January 26, 2018 by Naes