Previous long, frequent visits on ESTA. Will CBP question this?

[Livona 0]

My fiancé is planning to fly into Dallas soon with his K1 visa.

 

For some background: In 2022 and 2023 he visited the US for long periods of time and somewhat frequently. For 3 of the visits, he stayed around 83 days with over 100 days in between visits. On his 4th visit, he was understandably taken into secondary and questioned for his visiting patterns. He was eventually let in, but they cut his visit short to a month and a half.

I understand that the officers can ask any questions they feel like, but I’m more so asking the probability of them scrutinizing him over his previous visits. He has immigration intent now with the K1, but will they likely ask questions about his intentions in the past?

 

Just to clarify he had no intention to stay in the US on ESTA, just to visit me. He also said each time at the POE he was visiting me (girlfriend at the time).

[SalishSea 17,801]

5 minutes ago, Livona said:

My fiancé is planning to fly into Dallas soon with his K1 visa.

 

For some background: In 2022 and 2023 he visited the US for long periods of time and somewhat frequently. For 3 of the visits, he stayed around 83 days with over 100 days in between visits. On his 4th visit, he was understandably taken into secondary and questioned for his visiting patterns. He was eventually let in, but they cut his visit short to a month and a half.

I understand that the officers can ask any questions they feel like, but I’m more so asking the probability of them scrutinizing him over his previous visits. He has immigration intent now with the K1, but will they likely ask questions about his intentions in the past?

 

Just to clarify he had no intention to stay in the US on ESTA, just to visit me. He also said each time at the POE he was visiting me (girlfriend at the time).

They'll rightly wonder how he can afford so much time off from work, since working even remotely for a foreign employer is not permitted on ESTA.

[OldUser 6,602]

He needs to be ready for everything.

[Livona 0]

48 minutes ago, SalishSea said:

They'll rightly wonder how he can afford so much time off from work, since working even remotely for a foreign employer is not permitted on ESTA.

He’s coming in on a K1 visa not ESTA anymore. He’s immigrating to the US.

[Livona 0]

Sorry, I should have made the title more clear that’s he’s entering on K1. I’m tired x.x

[SL2024 63]

Hi, I think the guys know he has a K1 visa now but they are saying that when he was visiting you on an ESTA before he got the K1 visa that the officers would have been thinking how can he afford so much time off work to come and visit you.

[Livona 0]

47 minutes ago, SL2024 said:

Hi, I think the guys know he has a K1 visa now but they are saying that when he was visiting you on an ESTA before he got the K1 visa that the officers would have been thinking how can he afford so much time off work to come and visit you.

Oh, well in that case yes I know that that’s probably what they were thinking at the time. I’m wondering if they will bring it up when he comes into the POE now with his K1.

Is it likely they will ask him when he enters on K1 how he was able to afford so much time off? Or other related questions to his past visits?

[apnzz 228]

There's no way to know for sure obviously. I've known very close friends who did the same via the ESTA and then recently went to the US on the k1, the only thing they asked her was what she's entering on (she responded stating she is entering on the k1), then they asked her fiancé's address and when she's getting married, they then told her "welcome home". 

 

Obviously everyone is different, but as long as you have explanations for everything and you answer the questions truthfully and sufficiently there shouldn't be an issue (in theory). 

 

Most likely the questions will be directed to ensuring his intent on the k1 is that of what the k1 requires; intent to marry within the provided timeframe, checking they know address and that the relationship is real.

 

Again, no one can know for sure, and everyone is different.

[Dashinka 24,478]

4 hours ago, Livona said:

Oh, well in that case yes I know that that’s probably what they were thinking at the time. I’m wondering if they will bring it up when he comes into the POE now with his K1.

Is it likely they will ask him when he enters on K1 how he was able to afford so much time off? Or other related questions to his past visits?

I doubt there will be as much scrutiny when he enters with his K1, but he should be prepared to answer all questions truthfully.

 

Good Luck!

[Crazy Cat 41,804]

6 hours ago, Livona said:

Or other related questions to his past visits?

Why would that matter?  He will be entering via a valid visa.

[nastra30 2,284]

9 hours ago, Livona said:

He’s coming in on a K1 visa not ESTA anymore. He’s immigrating to the US.

I don't forsee any issues as he is entering with K-1 visa and not ESTA. Good luck.

[Rachel n Tyler 35]

Just be honest. They can ask you EVERYTHING. I'm also going to be entering in Dallas next month, but I only stayed 1-3 weeks every time, total of 7 trips. 
As long as you haven't done anything illegal or something that brings up a red flag, you don't really have to prepare anything. Just be honest.

[garebear397 68]

Agreed. That there shouldn't really be much of an issue, they admitted him every time with the ESTA and there is no reason to question his intent now, since he clearly has immigrant intent with the correct visa. The one question that could be an issue, that others mentioned, is if they question how he could stay for so long previously with the ESTA -- how could he afford or take so much time off work. If he worked while in the US on ESTA (even remotely for a non-US company) that is not permitted and could still be an issue now and potentially an issue for his AOS  interview as well. 

 

Again....I think its very unlikely that this will come up when entering the country right now. But he should be prepared for whatever. 

[Crazy Cat 41,804]

I don't recall ever hearing that a K-1 entrant was questioned about previous visits. 

Edited October 8 by Crazy Cat

[Livona 0]

Thanks. I’ll let him know to be prepared for potential questioning about it even if it’s unlikely.

 

The reason he could “take so much time off” is because he didn’t have a job, he was on welfare.