UK citizen with 90 day visa - got turned away by USA at airport for no workers visa?

[Unlockable 7,314]

This actually may have been a fortuitous blessing. An unexpected way to compel you two to build on your relationship.

[geowrian 22,337]

4 hours ago, Jennifer W said:

yes i understand that - but then what is the easiest way for us to even meet? see this is the problem...

Meet in the UK and file for a K-1 later. Or meet outside the US or UK. Luckily, as US and UK nationals there's almost anywhere in the world you can meet fairly easily (and many places not even needing a visa).

Edited November 28, 2017 by geowrian

[Prystine 184]

I agree with JFH, slow down, you are both quite young and and have only been talking to each other for 5mos. That is really not that much time at all to really know someone especially when you haven't even spent any time physically together. The immigration process is not quick, cheap or easy and marriage is nothing to be entered into lightly. Take your time to do trips to visit him and really get to know one another in person before going down the road of marriage. And if you decide that you really want to get married, do your research on the full processes it takes for immigration. Good luck to you in whatever you decide to do.

[Jen&Cal 85]

49 minutes ago, NYCruiser said:

You mention he has no ties to the UK? Parents? Where does he live? Job? 

- Applying for a B2 will probably be a denial for reasons other have said primarily immigrant intent.

- You can go to UKIV.uk.gov and apply for a Fiance Visa (be aware it is not cheap), then marry in the UK. However, since you have not even met yet might be a red flag for the UK Border Force people to even give you a Fiance Visa.

- Visit in a Third Country (better yet for a couple of times), then apply for the K1. How far are you from Canada? Could he meet you in France? Belgium? Ireland? (this time of the year there are inexpensive flights there now).

- Make sure to NOT leave out the fact that he was sent back to the UK for the reasons outlined on your K1 Visa application!!

Yes he has parents, he just quit his job to come here and work.

But we didn't quite understand the system... 

 

The only issue with Canada is he currently has an active work visa there and since we would be visiting with no intention to work - I'm just not sure if that will cause complications with us traveling to Canada. 

 

Also why should we not leave that part out ? Seems like we should leave it out ? Thanks!!

[AshMarty 360]

12 minutes ago, Prystine said:

I agree with JFH, slow down, you are both quite young and and have only been talking to each other for 5mos. That is really not that much time at all to really know someone especially when you haven't even spent any time physically together. The immigration process is not quick, cheap or easy and marriage is nothing to be entered into lightly. Take your time to do trips to visit him and really get to know one another in person before going down the road of marriage. And if you decide that you really want to get married, do your research on the full processes it takes for immigration. Good luck to you in whatever you decide to do.

I agree! Enjoy getting to know each other. My husband and I met in person when he was living in the states but had to move back to Australia when his company was sold.

 

We did multiple trips back and forth over about 2 years. I would joke with my friends that we had the best dates ever when we would get to visit each other (travelling to new places together or him showing me his favorite spots in his home country and vice versa). Those trips were amazing and so care free, no regrets

Edited November 28, 2017 by AshMarty

[Jen&Cal 85]

Also, we are fully grown adults and we can get married if we want to (23 is not young to get married) and we would appreciate a mature understanding.

 

Thank you everyone ! 

[NYCruiser 423]

5 minutes ago, Jennifer W said:

Yes he has parents, he just quit his job to come here and work.

But we didn't quite understand the system... 

 

The only issue with Canada is he currently has an active work visa there and since we would be visiting with no intention to work - I'm just not sure if that will cause complications with us traveling to Canada. 

 

Also why should we not leave that part out ? Seems like we should leave it out ? Thanks!!

This is odd....he has a work visa for Canada? Why isn't he there then working? It would be much easier for the two of you (depending where you live).

 

PS: I wouldn't leave anything out. Omission is a material misrepresentation and could cause him a ban. As it is he will be under more scrutiny for being sent back.

 

Just FYI: This is not only a complicated and sometimes rather opaque process, I would read up a lot of information from this site and see what people do and should not do. Most important is perception of intent is critical. Immigration Officers are trained to think like 'over stayers, criminals and misrepresenters'. 

[Jen&Cal 85]

1 minute ago, NYCruiser said:

This is odd....he has a work visa for Canada? Why isn't he there then working? It would be much easier for the two of you (depending where you live).

 

PS: I wouldn't leave anything out. Omission is a material misrepresentation and could cause him a ban. As it is he will be under more scrutiny for being sent back.

 

Just FYI: This is not only a complicated and sometimes rather opaque process, I would read up a lot of information from this site and see what people do and should not do. Most important is perception of intent is critical. Immigration Officers are trained to think like 'over stayers, criminals and misrepresenters'. 

Ys I see what you mean about the omission thanks for clearing that up!

 

He has a work visa in Canada because he was apart of a work away program that let him stay in Canada a year or so ago.

But returned to the UK.

 

So far from what we have been looking into is that if we meet one place and then try to apply for a K-1 it could get denied. We are thinking it would be easier to elope in a 3rd country then have him go home to the UK, me go home to USA, and we will wait and apply for his greencard. 

 

[Ashley Scott 180]

15 minutes ago, Jennifer W said:

Yes he has parents, he just quit his job to come here and work.

But we didn't quite understand the system... 

 

The only issue with Canada is he currently has an active work visa there and since we would be visiting with no intention to work - I'm just not sure if that will cause complications with us traveling to Canada. 

 

Also why should we not leave that part out ? Seems like we should leave it out ? Thanks!!

First and foremost, I suggest you research and research some more.  The immigration process is a very long, daunting, and stressful process.  There is nothing easy or cheap about it.  That is not to say it isn't worth it, just that you really need to have your mindset ready to deal with the major ups and downs that come with it.

 

You will need to plan and visit and plan some more.  Meeting your boyfriend is a requirement before any kind of visa can be filed.  Also, this is a very important step before committing yourself to someone in my opinion.  Spend some time together and get to know each other on a personal level in person before making a decision as large as marriage.  I do believe that you can know that its right after one visit but the more in person time you have the better for both your relationship and the visa process. 

 

When it comes to filing for a visa, do not leave anything out or try to lie about anything.  This can be very detrimental to your visa process.  Your boyfriend can end up being denied or receiving a ban for misrepresenting himself in the application.  Research this as well and you will learn more about the consequences of omitting information or lying. 

 

A work visa in the US is very hard to obtain.  This is most likely not an option for him to come over. 

 

Read the advice that everyone is giving you.  This website can help a lot with information and guidance.  But a lot of the process you have to learn as you go.  And again, make sure you research not just the process but also the financial and emotional struggles that come with it.

 

I hope you can work it out to meet your boyfriend and that you are able to get the end results you desire.  Everyone deserves to be with the person they love.  

[AshMarty 360]

29 minutes ago, NYCruiser said:

This is odd....he has a work visa for Canada? Why isn't he there then working? It would be much easier for the two of you (depending where you live).

 

PS: I wouldn't leave anything out. Omission is a material misrepresentation and could cause him a ban. As it is he will be under more scrutiny for being sent back.

 

Just FYI: This is not only a complicated and sometimes rather opaque process, I would read up a lot of information from this site and see what people do and should not do. Most important is perception of intent is critical. Immigration Officers are trained to think like 'over stayers, criminals and misrepresenters'. 

Agreed I would not leave anything out and do all your research about what is required.

 

You find out during the application process that there will be 100s and 100s of questions asked about you and your BF including past visa or denials for visas and the US knows who is flying in and out of the country and most of the time on what visa.

 

Our first packet we sent in for our K1 was 50+ pages. Then we had to gather our financial information, my husbands criminal background checks, medical information etc from multiple countries as the second half of the process began before his in country embassy interview. Then we had to do it all again for the AOS process. We are 18 months in and still about 8 months out from my husband and I getting our green card interview.

 

There are many complicated questions about past visas and denials. The US knows a lot more then you might be aware of and can easily find out if you left something out. I would not risk it.

 

 

Edited November 28, 2017 by AshMarty

[NYCruiser 423]

18 minutes ago, Jennifer W said:

Ys I see what you mean about the omission thanks for clearing that up!

 

He has a work visa in Canada because he was apart of a work away program that let him stay in Canada a year or so ago.

But returned to the UK.

 

So far from what we have been looking into is that if we meet one place and then try to apply for a K-1 it could get denied. We are thinking it would be easier to elope in a 3rd country then have him go home to the UK, me go home to USA, and we will wait and apply for his greencard. 

 

Ok that makes sense now. BTW that is a good thing about Canada that he went back. No it shouldn't be a problem getting into Canada on a visitor's visa.

 

You might want to meet first, spend some time with him before marrying him, maybe later?

[Boiler 45,568]

Canada and the US share Immigration data.

Edited November 28, 2017 by Boiler

[yuna628 9,677]

6 hours ago, Jennifer W said:

Hello here is the difficult situation. My boyfriend is in the UK, he tried to come here on a 90 day ESTA visa, he has no criminal record, had all his paperwork, got to the US and they sent him back because he mentioned the possibility of getting a work visa sometime in the future. They then stated his ESTA visa will be revoked and now he needs to have a work visa... But it will take a long time for a work visa? 

Is this the only way for him to get into the USA now? Even for just a visit?

Is there any easier/quicker option?

We were planning on getting married as soon as he got here...

 

We are both very unfamiliar with the immigration system. Any help will be extremely appreciated - we really wanted to see each other for Christmas. 

He did not enter on a visa. He entered using the VWP (visa waiver program) which, as a UK citizen, is a unique way the most luckiest of citizens can visit visa-free for up to 90 days at a time. An ESTA is merely a pre-clearance background check. This opportunity is a special one, and a UK citizen must take all care not to abuse it. Since you have stated he intended to stay here, and marry here, and likely also work here - this is illegal. The officers did their jobs, and likely he will never be able to use the VWP ever again. What you intend to do next, must be thought through in greater detail.

5 hours ago, Jennifer W said:

 

az2014 - He was planning on staying here in the USA.

Boiler - I'm not sure if he was banned or just allowed to withdraw. 

This literally just happened - he is on the flight back to the UK right now...

 

I'm not sure if it would be easier for me to go to the UK?

And get married there... then have him come to the USA? 

Based on the fact he seems to have stated that his intent was to overstay and work illegally, I doubt the officers let him withdraw unless they felt especially charitable. We don't know for sure, but he is likely banned from any further use of the VWP. Additionally, you need to determine if at any point he attempted to lie his way in. This would be considered misrepresentation, which can be problematic in the future.

 

You certainly have the ability to visit him in the UK. However you also need to prove that a) you intend to return home at the end of your stay, b) that you will not illegally work, c) that you will not attempt to stay illegally, and d) that you will not illegally marry (there are no grey areas in the UK and no shortcuts... do it wrong and you are in a world of headaches as there are not as many options or recourse as the USA provides).

 

The UK can sometimes scrutinize young women seeking to visit their s/o's without significant ties to home or evidence of returning. So be prepared on your end, far better than your bf was. You also need to be advised that you cannot just marry in the UK. While people can actually get married here in the USA without federal permission (marriage is a state's right thing) - in the UK for immigrants and non-EEA citizens (which you are) you cannot get married whenever you choose. That specifically requires the filing of a marriage visit visa, when you are not in the UK. There are strict rules about doing so, greater than there are in the US, and if you have stated he has not much funds or ties to the UK, you would be unlikely to be successful in that regard at this time. If you were successful, after marriage you would need to return home and start a spousal visa process.

 

So for now, my best advice to you would be that you need to actually meet, and decide if marriage is actually right for you as a couple before jumping head first into the legal process. And at this time, that would require you going to the UK for a nice visit. And I will point out, in the event you also are denied entry, you are never banned. You can attempt to re-enter at any time, on your own merits. However I would not suggest doing so without a great deal of time elapsed.

 

 

5 hours ago, Jennifer W said:

yes i understand that - but then what is the easiest way for us to even meet? see this is the problem... 

 

we have been skyping for 5 months. for a k-1 we would need to have proof of having met within 2 years.

so i would still need to go to the UK, provide proof i've met him, then apply for a k-1 visa? 

A K1 is a visa that allows him to enter the US legally and marry you, it also grants him permission to remain in the US and file to adjust his status to obtain a green card. It is a two fold process that takes quite a while. Even if he came to the US on the K1 and married you, he would not be allowed to work or travel until he filed to adjust his status and received approval. There are a variety of guides on this website that explains the process, so have a read of them. Yes you need to have proof that you have physically met each other. The good news is that, it is unlikely his removal and VWP ban will affect a K1, though he will need to be honest about it. I don't think I've ever seen a removal on a VWP affect a K1 yet.

5 hours ago, Jennifer W said:

okay how about this - if he visits on a U.S tourist visa, we meet, he returns to the UK then we can apply for the k-1 visa? I'm thinking it would be easier for me to just go to the UK but I am unfamiliar with their rules. 

Individuals here may suggest that he can try to obtain a B2 tourist visa to see you in the USA. However, since he is a UK citizen with prior VWP privileges he would be unlikely to be successful, even after ruining those privileges. He can certainly try, but don't expect something good.

 

You are both still young. I met my husband when I was around that age, and we did an LDR and did not marry until our 30s.... and of course, we always maintained the position that we should be able to marry whenever we wanted.... and you can, if you do so legally respecting each country's laws. In order to do that you must study carefully the rules and consider what can go wrong, and what can go right. You need strong relationship evidence, which you do not have... if a K1 is the goal. But since you have not even physically met yet, a marriage based visa should be on the back burner right now.... and better focus needs to put on growing your relationship with him. Once you reach that point, come back to this site and read through the guides thoroughly, and we'll be able to help you better. There will be a lot of questions, such as if you can even financially sponsor him in the marriage process, have you enough money for the fees, is there anything complicated in his medical history that would cause more delays? And those questions aren't for now....  you need to get to know each other first.

[Jen&Cal 85]

6 minutes ago, yuna628 said:

He did not enter on a visa. He entered using the VWP (visa waiver program) which, as a UK citizen, is a unique way the most luckiest of citizens can visit visa-free for up to 90 days at a time. An ESTA is merely a pre-clearance background check. This opportunity is a special one, and a UK citizen must take all care not to abuse it. Since you have stated he intended to stay here, and marry here, and likely also work here - this is illegal. The officers did their jobs, and likely he will never be able to use the VWP ever again. What you intend to do next, must be thought through in greater detail.

Based on the fact he seems to have stated that his intent was to overstay and work illegally, I doubt the officers let him withdraw unless they felt especially charitable. We don't know for sure, but he is likely banned from any further use of the VWP. Additionally, you need to determine if at any point he attempted to lie his way in. This would be considered misrepresentation, which can be problematic in the future.

 

You certainly have the ability to visit him in the UK. However you also need to prove that a) you intend to return home at the end of your stay, b) that you will not illegally work, c) that you will not attempt to stay illegally, and d) that you will not illegally marry (there are no grey areas in the UK and no shortcuts... do it wrong and you are in a world of headaches as there are not as many options or recourse as the USA provides).

 

The UK can sometimes scrutinize young women seeking to visit their s/o's without significant ties to home or evidence of returning. So be prepared on your end, far better than your bf was. You also need to be advised that you cannot just marry in the UK. While people can actually get married here in the USA without federal permission (marriage is a state's right thing) - in the UK for immigrants and non-EEA citizens (which you are) you cannot get married whenever you choose. That specifically requires the filing of a marriage visit visa, when you are not in the UK. There are strict rules about doing so, greater than there are in the US, and if you have stated he has not much funds or ties to the UK, you would be unlikely to be successful in that regard at this time. If you were successful, after marriage you would need to return home and start a spousal visa process.

 

So for now, my best advice to you would be that you need to actually meet, and decide if marriage is actually right for you as a couple before jumping head first into the legal process. And at this time, that would require you going to the UK for a nice visit. And I will point out, in the event you also are denied entry, you are never banned. You can attempt to re-enter at any time, on your own merits. However I would not suggest doing so without a great deal of time elapsed.

 

 

A K1 is a visa that allows him to enter the US legally and marry you, it also grants him permission to remain in the US and file to adjust his status to obtain a green card. It is a two fold process that takes quite a while. Even if he came to the US on the K1 and married you, he would not be allowed to work or travel until he filed to adjust his status and received approval. There are a variety of guides on this website that explains the process, so have a read of them. Yes you need to have proof that you have physically met each other. The good news is that, it is unlikely his removal and VWP ban will affect a K1, though he will need to be honest about it. I don't think I've ever seen a removal on a VWP affect a K1 yet.

Individuals here may suggest that he can try to obtain a B2 tourist visa to see you in the USA. However, since he is a UK citizen with prior VWP privileges he would be unlikely to be successful, even after ruining those privileges. He can certainly try, but don't expect something good.

 

You are both still young. I met my husband when I was around that age, and we did an LDR and did not marry until our 30s.... and of course, we always maintained the position that we should be able to marry whenever we wanted.... and you can, if you do so legally respecting each country's laws. In order to do that you must study carefully the rules and consider what can go wrong, and what can go right. You need strong relationship evidence, which you do not have... if a K1 is the goal. But since you have not even physically met yet, a marriage based visa should be on the back burner right now.... and better focus needs to put on growing your relationship with him. Once you reach that point, come back to this site and read through the guides thoroughly, and we'll be able to help you better. There will be a lot of questions, such as if you can even financially sponsor him in the marriage process, have you enough money for the fees, is there anything complicated in his medical history that would cause more delays? And those questions aren't for now....  you need to get to know each other first.

Thank you for taking the time to explain everything so clearly.

 

What do you think about us going to Canada to get married? Then  both of us returning home and waiting for his greencard application?

 

Also do you think it is an issue that he has a work visa for canada? Would that cause issues with us trying to get a visitor visa? ( since he wont be going there for a job )

 

Would love your opinion, thanks !

Edited November 28, 2017 by Jennifer W

[Jeanne Adil 1,651]

First of all your situation is a lot less difficult than many of us face

he is from UK

go and meet him / if he had enough to buy a ticket and you don't , maybe he can pay your ticket

UK is not high fraud like many of us face

and to agree with above,  you only met, take time to get to know each other

marriage is not to be taken lightly (5 months of skype is lightly)

we take you seriously that you are in love

but do this the right way

romance is important and you need this time for courting (I know an old fashion word or idea) but it is important 

marriage sometimes fades the romance and glory too fast when you just plow into marriage with blind eyes

visit him

meet in Paris (very romantic) or meet in Canada / Toronto is beautiful even this time of year

or try one of the caribbean islands / even a cruise

don't give up / just know this takes time and work and can be a beautiful time for you 

enjoy the courting time,  get married, have a great honeymoon and then get down to the business of family