Am I at risk for misrepresentation? (merged)

[clericbeast 12]

Okay, first of all: I have severe anxiety and my mind is spiralling over this. I am also currently on waiting lists for therapy, but I just feel I need to ask someone for any insight they have to offer, as much as I am scared the news will be bad.

 

So for context, I entered the US on an ESTA in December to visit my long distance US citizen boyfriend and was taken into secondary inspection for what I assume were the following reasons:

 

1. I was unemployed, so weak ties to the UK and potential suspicion of looking for work in the US.
2. I live with my parents back home, so no lease, which again, shows weak ties to the UK.
3. Visiting a long distance boyfriend, so suspicion of potential immigrant intent and overstaying.

 

I was prepared for this, again due to having anxiety and wanting to prepare for every outcome. The proof I had to show ties to my country proved enough for the border agent in secondary, and were as follows:

 

1. Medical assessment from Universal Credit (the benefit system in the UK) that deems me currently unfit for work due to health reasons.
2. The terms of my agreement with Universal Credit (which was my only source of income at the time) which states that I must live in the UK to receive the benefit.
3. A return flight for December 14th (I entered on December 1st)
4. I then also told the officer verbally that Universal Credit states that I cannot be out of the country for longer than a month without losing my only source of income, which is a fact.

 

I was admitted into the US after he asked me to confirm my return flight and to write down the name of my health condition, and then he typed in what I presume are the notes for about 10 minutes (maybe less, all I know is I was very anxious in that room so time really felt like it dragged.)

 

On December 11th, my boyfriend proposed to me with the plan to come marry me in the UK, and said that if I wanted to, we could extend the trip so we can spend the holidays together. I checked my I-94 online before changing anything, and my I-94 states I was admitted until 28th February 2023. My boyfriend offered to financially help me with the losses I would have for Universal Credit, and we decided to extend the trip to February 12th, as we knew it would be my last US trip before we file for the US spouse visa. His birthday is early February, so it meant we got to spend Christmas and both our birthdays together, and I left before my I-94 date.

 

What I want to ask is if my spouse visa could be in trouble due to this? I did not lie to the border agent upon entry. Everything I told him was fact, especially the Universal Credit terms which can be proven in their terms and conditions. I also contacted Universal Credit when I returned to the UK to offer to pay back the months I am not entitled to, and I have repaid that. 

 

I have read horror stories of misrepresentation and consular officers not looking at evidence provided at the interview, and although I can swear that what I told the border agent was the truth and that I did not overstay the date on my I-94, my brain is convincing me right now that changing my travel plans is going to make it look like a lie and they will deny my visa with a lifetime ban.

 

I realise I will very likely have difficulties for future tourist admission attempts, especially on ESTA, due to a deviation from stated travel plans, but I have no intent of visiting the US while we wait for the spouse visa. My fiancé will be visiting me in the UK whenever he can while we wait for that.

 

Does anybody have any insight about this? I am so worried. I feel like I have ruined my chances of being with the man I love. I have emailed immigration lawyers for consultations, but they are simply too expensive for me right now. Can somebody offer their perspective?

[milimelo 4,465]

If you departed before the approved 90 days, you're fine. 

[Boiler 45,319]

Misrep no, I would focus on the medical and make sure you have all the documentation needed.

 

Not sure why you did not stay and adjust but that is water under the bridge 

[SalishSea 17,746]

1 hour ago, clericbeast said:

 

Okay, first of all: I have severe anxiety and my mind is spiralling over this. I am also currently on waiting lists for therapy, but I just feel I need to ask someone for any insight they have to offer, as much as I am scared the news will be bad.

 

So for context, I entered the US on an ESTA in December to visit my long distance US citizen boyfriend and was taken into secondary inspection for what I assume were the following reasons:

 

1. I was unemployed, so weak ties to the UK and potential suspicion of looking for work in the US.
2. I live with my parents back home, so no lease, which again, shows weak ties to the UK.
3. Visiting a long distance boyfriend, so suspicion of potential immigrant intent and overstaying.

 

I was prepared for this, again due to having anxiety and wanting to prepare for every outcome. The proof I had to show ties to my country proved enough for the border agent in secondary, and were as follows:

 

1. Medical assessment from Universal Credit (the benefit system in the UK) that deems me currently unfit for work due to health reasons.
2. The terms of my agreement with Universal Credit (which was my only source of income at the time) which states that I must live in the UK to receive the benefit.
3. A return flight for December 14th (I entered on December 1st)
4. I then also told the officer verbally that Universal Credit states that I cannot be out of the country for longer than a month without losing my only source of income, which is a fact.

 

I was admitted into the US after he asked me to confirm my return flight and to write down the name of my health condition, and then he typed in what I presume are the notes for about 10 minutes (maybe less, all I know is I was very anxious in that room so time really felt like it dragged.)

 

On December 11th, my boyfriend proposed to me with the plan to come marry me in the UK, and said that if I wanted to, we could extend the trip so we can spend the holidays together. I checked my I-94 online before changing anything, and my I-94 states I was admitted until 28th February 2023. My boyfriend offered to financially help me with the losses I would have for Universal Credit, and we decided to extend the trip to February 12th, as we knew it would be my last US trip before we file for the US spouse visa. His birthday is early February, so it meant we got to spend Christmas and both our birthdays together, and I left before my I-94 date.

 

What I want to ask is if my spouse visa could be in trouble due to this? I did not lie to the border agent upon entry. Everything I told him was fact, especially the Universal Credit terms which can be proven in their terms and conditions. I also contacted Universal Credit when I returned to the UK to offer to pay back the months I am not entitled to, and I have repaid that. 

 

I have read horror stories of misrepresentation and consular officers not looking at evidence provided at the interview, and although I can swear that what I told the border agent was the truth and that I did not overstay the date on my I-94, my brain is convincing me right now that changing my travel plans is going to make it look like a lie and they will deny my visa with a lifetime ban.

 

I realise I will very likely have difficulties for future tourist admission attempts, especially on ESTA, due to a deviation from stated travel plans, but I have no intent of visiting the US while we wait for the spouse visa. My fiancé will be visiting me in the UK whenever he can while we wait for that.

 

Does anybody have any insight about this? I am so worried. I feel like I have ruined my chances of being with the man I love. I have emailed immigration lawyers forconsultations, but they are simply too expensive for me right now. Can somebodyoffer their perspective?

What is your plan for after the marriage?   Is he going to petition you for an immigrant visa?

 

You cannot enter the US on ESTA with a plan to marry and stay to adjust status.   That’s fraud.

 

If I might make another suggestion:  if your plan is to live in the US, you will want to have a thorough conversation with him to discuss the plan for your income and medical insurance.  

You will not be eligible for any type of disability income here.   The best case scenario in terms of insurance would be that he has an employer-based plan that he can add you to.   Health care in the US is very expensive.

[Ontarkie 14,193]

~~Duplicate threads have been merged. Please only start one thread for the same or related topic.~~

[Redro 4,611]

1 hour ago, clericbeast said:

 

Okay, first of all: I have severe anxiety and my mind is spiralling over this. I am also currently on waiting lists for therapy, but I just feel I need to ask someone for any insight they have to offer, as much as I am scared the news will be bad.

 

So for context, I entered the US on an ESTA in December to visit my long distance US citizen boyfriend and was taken into secondary inspection for what I assume were the following reasons:

 

1. I was unemployed, so weak ties to the UK and potential suspicion of looking for work in the US.
2. I live with my parents back home, so no lease, which again, shows weak ties to the UK.
3. Visiting a long distance boyfriend, so suspicion of potential immigrant intent and overstaying.

 

I was prepared for this, again due to having anxiety and wanting to prepare for every outcome. The proof I had to show ties to my country proved enough for the border agent in secondary, and were as follows:

 

1. Medical assessment from Universal Credit (the benefit system in the UK) that deems me currently unfit for work due to health reasons.
2. The terms of my agreement with Universal Credit (which was my only source of income at the time) which states that I must live in the UK to receive the benefit.
3. A return flight for December 14th (I entered on December 1st)
4. I then also told the officer verbally that Universal Credit states that I cannot be out of the country for longer than a month without losing my only source of income, which is a fact.

 

I was admitted into the US after he asked me to confirm my return flight and to write down the name of my health condition, and then he typed in what I presume are the notes for about 10 minutes (maybe less, all I know is I was very anxious in that room so time really felt like it dragged.)

 

On December 11th, my boyfriend proposed to me with the plan to come marry me in the UK, and said that if I wanted to, we could extend the trip so we can spend the holidays together. I checked my I-94 online before changing anything, and my I-94 states I was admitted until 28th February 2023. My boyfriend offered to financially help me with the losses I would have for Universal Credit, and we decided to extend the trip to February 12th, as we knew it would be my last US trip before we file for the US spouse visa. His birthday is early February, so it meant we got to spend Christmas and both our birthdays together, and I left before my I-94 date.

 

What I want to ask is if my spouse visa could be in trouble due to this? I did not lie to the border agent upon entry. Everything I told him was fact, especially the Universal Credit terms which can be proven in their terms and conditions. I also contacted Universal Credit when I returned to the UK to offer to pay back the months I am not entitled to, and I have repaid that. 

 

I have read horror stories of misrepresentation and consular officers not looking at evidence provided at the interview, and although I can swear that what I told the border agent was the truth and that I did not overstay the date on my I-94, my brain is convincing me right now that changing my travel plans is going to make it look like a lie and they will deny my visa with a lifetime ban.

 

I realise I will very likely have difficulties for future tourist admission attempts, especially on ESTA, due to a deviation from stated travel plans, but I have no intent of visiting the US while we wait for the spouse visa. My fiancé will be visiting me in the UK whenever he can while we wait for that.

 

Does anybody have any insight about this? I am so worried. I feel like I have ruined my chances of being with the man I love. I have emailed immigration lawyers forconsultations, but they are simply too expensive for me right now. Can somebodyoffer their perspective?

You returned to the UK and did not overstay so you are fine. No need to worry about misrep. 

Question: did you marry your boyfriend or are you still single? If you plan on getting married in the UK are you aware you will have to apply for a special visa for your boyfriend? https://www.gov.uk/marriage-visa

have you researched what will happen to your benefits if you get married while waiting in the UK ? I know some previous posters had to go through the K1 visa process as to not lose their benefits before moving to the US.

As medical care can be very expensive in the US... I suggest you and your boyfriend carefully research if spousal visa/fiancé visa or moving to the UK is the best option for the two of you..

 

CONGRATULATIONS on your engagement. Stop worrying and start planning… you have a journey ahead of you. 

 

[clericbeast 12]

47 minutes ago, ROK2USA said:

You returned to the UK and did not overstay so you are fine. No need to worry about misrep. 

Question: did you marry your boyfriend or are you still single? If you plan on getting married in the UK are you aware you will have to apply for a special visa for your boyfriend? https://www.gov.uk/marriage-visa

have you researched what will happen to your benefits if you get married while waiting in the UK ? I know some previous posters had to go through the K1 visa process as to not lose their benefits before moving to the US.

As medical care can be very expensive in the US... I suggest you and your boyfriend carefully research if spousal visa/fiancé visa or moving to the UK is the best option for the two of you..

 

CONGRATULATIONS on your engagement. Stop worrying and start planning… you have a journey ahead of you. 

 

Hi, thank you so much for responding. This information is all very helpful and reassuring.

 

I am aware of the UK marriage visitor visa and we plan to file for that a couple of months before he visits (as per their guidelines) me in January. He has to accumulate holiday time at his job, so we are waiting for him to accumulate enough for the trip to come marry me here.

 

I will be sure to look into how being married will affect my benefits, as that is something I had not considered until you brought it up, so thank you!

[clericbeast 12]

1 hour ago, SalishSea said:

What is your plan for after the marriage?   Is he going to petition you for an immigrant visa?

 

You cannot enter the US on ESTA with a plan to marry and stay to adjust status.   That’s fraud.

 

If I might make another suggestion:  if your plan is to live in the US, you will want to have a thorough conversation with him to discuss the plan for your income and medical insurance.  

You will not be eligible for any type of disability income here.   The best case scenario in terms of insurance would be that he has an employer-based plan that he can add you to.   Health care in the US is very expensive.

Hi, thank you so much for responding. Our plan is he comes here in January to marry me on a UK marriage visitor visa, he then returns to the US and petitions me for an immigrant visa.

 

I am aware of the fraud aspect of intending to adjust status on an ESTA, and that is not the case for me. I simply visited, we did not marry, and I returned to the UK before my status expired. I have no intention of returning on an ESTA, much less to marry and adjust on it, but thank you for the information.

 

Yes, we have had and continue to have discussions about finance and insurance. Luckily once we are married I can be added to his health insurance, and even more fortunately I have recently started working a part-time job here in the UK to test what I can and can’t do with my health condition, so things are looking up for me and I will be able to work, as my current job is going better than I expected.

 

We also went through pre-marital counselling to talk about this stuff and our expectations of marriage etc, which really helped.

 

Thank you again for bringing all this to my attention though and for such a speedy response.

[clericbeast 12]

1 hour ago, Boiler said:

Misrep no, I would focus on the medical and make sure you have all the documentation needed.

 

Not sure why you did not stay and adjust but that is water under the bridge 

Oh, I am definitely doing that. I was just concerned about the misrep as that carries a lifetime ban.

 

I did not stay and adjust because we wanted to undergo pre-marital counselling to iron out some concerns my boyfriend had about his past and how it impacts our relationship, and to make sure that this was the right step for us. I also read that adjusting status on an ESTA is frowned upon and can require a lot more proof that the marriage was spontaneous. It worked out better for us to have me go home and for us to marry over here, as he has yet to meet my family in person too (I have met his on numerous occasions!) so yeah, just circumstances really.

[Boiler 45,319]

You have plenty of time to work though these issues, looking at a move on that latter part of 2025 if I have my timetable right

[Redro 4,611]

16 minutes ago, Boiler said:

You have plenty of time to work though these issues, looking at a move on that latter part of 2025 if I have my timetable right

Late 2025/ Early 2026 depending on when they submit the i130 (+/- 12 months- best case) and processing times at NVC (which fluctuate between 1 month to 3 months).

Standard is to plan for 1.5 to 2 years after filing.

[clericbeast 12]

8 minutes ago, ROK2USA said:

Late 2025/ Early 2026 depending on when they submit the i130 (+/- 12 months- best case) and processing times at NVC (which fluctuate between 1 month to 3 months).

Standard is to plan for 1.5 to 2 years after filing.

Yeah, we plan to send the i130 by February/March at the latest, as we are marrying in January

[Redro 4,611]

53 minutes ago, clericbeast said:

Yeah, we plan to send the i130 by February/March at the latest, as we are marrying in January

Sounds like you have it all sorted! Congrats! You have nothing to worry about  

[TBoneTX 45,031]

Sounds like good decisions.  All the best to you.

[SalishSea 17,746]

4 hours ago, clericbeast said:

Hi, thank you so much for responding. Our plan is he comes here in January to marry me on a UK marriage visitor visa, he then returns to the US and petitions me for an immigrant visa.

 

I am aware of the fraud aspect of intending to adjust status on an ESTA, and that is not the case for me. I simply visited, we did not marry, and I returned to the UK before my status expired. I have no intention of returning on an ESTA, much less to marry and adjust on it, but thank you for the information.

 

Yes, we have had and continue to have discussions about finance and insurance. Luckily once we are married I can be added to his health insurance, and even more fortunately I have recently started working a part-time job here in the UK to test what I can and can’t do with my health condition, so things are looking up for me and I will be able to work, as my current job is going better than I expected.

 

We also went through pre-marital counselling to talk about this stuff and our expectations of marriage etc, which really helped.

 

Thank you again for bringing all this to my attention though and for such a speedy response.

Great!  I'm so glad to hear that you have thought about these things.  Best of luck, and please stick around VJ - there is lots of help to be had here when questions come up through the process.