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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Hey all

 

I'm going through the I-129F forms right now with my fiance - I'm from the UK and planing to live in FL. 

The whole process feels kinda scary and getting worried that we're not going to be able to provide the 'model' answers / evidence when it comes to immigration looking at our application.

Could someone assist in providing an answer or 2 or a point of view please?

 

I think, well I know I have, I've gone about this in a slighty awkward / unconventional way in that following an initial 2 week visit last November that went really well, my fiance asked me to come over on a rotating visit / return to the UK basis which we started at beginning of January. I gave up my job, he and some good friends of his (who are now also mine), have kindly given me a roof over my head and feed me and in return they are embracing this 'housekeeper' that I seem to have become! 

I am paying for my own flights every 80 to 90 days back to the UK. My parents are happy to top up my UK bank account to help me out on this and I am still keeping up with various monthly payments on my UK account. My question in this respect is how can I show that my intention is not to do any dodgy here as may be percieved by immigration?

Should I have some kind of letter from my parents saying they wil support me financially as needed? Also should my fiance and our friends also provide something to this effect?

The fact that I have no actual job in the UK now, it's therefore possible that immigration will look upon this unfavourably, so what should I do / provide that proves I'm not about to disappear into the US wilderness?

 

Once our application has been received, is there something that goes against my British passport that will show on immigration systems for both the UK and US that may aid my entering the country?

Does my interview with US immigration have to held in London or can it be held over here as I'm likely to be here more likely than not?

 

Thanks in advance for any replies

 

 

Filed: K-1 Visa Country: Ukraine
Timeline
Posted

If your question is about continuing to enter US as a visitor; your entry is never guaranteed, not after you file for other visa not before. You are supposed to be truthful about the reason for your visits.

 

You may get denied entry, but lying could get you into much more trouble. Not worth it.

 

If you visited several times before and never overstayed, decent chances you would be allowed to visit again no problem. Having something ready to prove you would be returning to your country is a good idea.

Filed: Citizen (apr) Country: England
Timeline
Posted
On 4/18/2018 at 3:55 PM, Stevebear said:

I am paying for my own flights every 80 to 90 days back to the UK. My parents are happy to top up my UK bank account to help me out on this and I am still keeping up with various monthly payments on my UK account.

This will eventually catch up with you and you will be refused entry for coming too often. It won't affect your visa, but you will be put on a put on a plane home and your ESTA is over. CBPwill look unfavorably on your lack of money and may think you are working illegally in the US. So they refuse to let you in to visit.

 

The immigration people don't care if you have a job or money when they look at your application to decide on your petition or visa. Your fiancé has to provide proof he earns enough to support you.

 

On 4/18/2018 at 3:55 PM, Stevebear said:

Once our application has been received, is there something that goes against my British passport that will show on immigration systems for both the UK and US that may aid my entering the country?

No. CBP do not know who has a petition filed with USCIS unless you tell them and they add notes in their CBP system. I have asked them straight out three different times. No.

The UK for sure has no clue what you are applying for in the US.

 

On 4/18/2018 at 3:55 PM, Stevebear said:

Does my interview with US immigration have to held in London or can it be held over here as I'm likely to be here more likely than not?

 

 

Visa interviews are always at foreign consulates. Your medical exam and interview will be in London if you want a visa. The whole concept of "I'm likely to be here more likely than not" is what is going to get your entry refused. They do not want you spending more time in the US as a tourist than you spend in your home country. At some point they are going to say, "No you can not enter and do not come back until you have a visa." Do not even consider applying for a B1/B2 tourist visa in London since you won't have ESTA privileges because you will be denied and the fee you paid will be wasted. 

Posted (edited)

The VWP is for occasional visits to the USA and not for living here in 90-day installments. This plan will not last long before CBP pull the rug from underneath you. You stand a very strong chance of being denied entry. 

 

Also work is strictly forbidden on the VWP. And, yes, by work they also include doing the housework in return for bed and board. I know you probably wouldn't consider it work but that doesn't count. You are skating on very, very thin ice here and I don't think you realise how risky this all is. If your plan was sound, we would have all done the same instead of keeping jobs and homes in our homelands and only coming for short visits. 

 

You sound very young (parents putting money in your bank account - how sweet!) and we have all been there and a new relationship is very exciting and we want to throw ourselves into it head first. I get that. There is the added excitement of the new location and prospect of a new life. We have all had to endure the separation. It won't kill you. We have all survived. I promise you I do not love my husband any less than you love your fiancé and we survived 4.5 years of living on separate continents (and he was even further away from England than Florida) with regular short visits. We even spent the first 2 years of married life like this. No, it wasn't our ideal choice. Yes, it was terrible and I would never want to do it again. But we have to deal with it like adults and think with our heads, not our hormones. 

 

Please reconsider this plan. CBP are not stupid. You are not the first to think of this idea of rotating visits and you won't be the first to be denied entry for doing this. Immigration officials don't care about how you can't bear to be apart. Now is not a good time to get on the wrong side of anyone involved in the immigration process. 

Edited by JFH

Timeline in brief:

Married: September 27, 2014

I-130 filed: February 5, 2016

NOA1: February 8, 2016 Nebraska

NOA2: July 21, 2016

Interview: December 6, 2016 London

POE: December 19, 2016 Las Vegas

N-400 filed: September 30, 2019

Interview: March 22, 2021 Seattle

Oath: March 22, 2021 COVID-style same-day oath

 

Now a US citizen!

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

****** One post removed for advocating illiegal immigration activity which could lead to a lifetime ban.  *******

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Posted

@JFH is correct.  You are very close to entry denial or worse.  It sounds like you are not using VWP as intended. There are many stories here on VJ about people being denied entry for trying to live in the US as you describe and/or for working in the US . I suggest you study the legal options for immigrating to the United States.  As it has been said, CBP officers are not stupid.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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