In a twiddle! Need help and advice.

[Martin + Amie 0]

Hello guys,

I am a British Citizen, I met my girlfriend two years ago at university. She was an international student. In May of 2004, her studies had finished and she had to return back to the states. We continued our relationship while I was still in the UK. I started making trips to California to see her, I worked in the UK for a year in that time and saved all the money I earned to go over and visit her as much as I could. Since May 2004 I have probably been to the US in excess of 10 times. In the first year I would usually go for around 5 days then fly home. In 2005 I quit my job and decided that I wanted to spend some more time with her. I knew that I had up to three months to stay on the visa waiver program, so I stayed a couple of trips for up to 2-3 months at a time, spending time with her and traveling around the US. I flew to Los Angeles a month ago and I have never been so hassled in my life, they interrogated me, they searched me and interrogated me some more. Thank god I got a nice customs officer, she basically said, even though I have never overstayed my welcome, and have stuck to the rules, it looks like I am spending more time in the states than the UK, which is true I guess. They let me in and everything was ok.

My issue is this, my girlfriend and I are looking to get married as soon as possible. I would like to know what the best route to take is, so that I can stay with her and not have to be separated. I am at my wits end now, I think I wont be allowed back in next time because of my so called “travel patterns”. I don’t know what to do, and don’t want to screw up my chances of making a life with my girlfriend in LA. Is anyone in the same, or similar situation?

Any advice is greatly appreciated,

Best Regards

Martin

[KarenCee 3]

Read the Guides section....there is the K-1 for fiancés and the K-3 for those married and wanting to come to the US. Read Read Read!!!! Talk with your girlfriend (have her read the guides too) and decide which path is right for you. This is a long process, so there's not really a quick fix here. I do know the K-1 is quicker than the K-3. My fiancé and I went the K-1 path and we're almost done with what I call Phase I

Hope this helps...and best wishes with whatever path you both decide on.

[Martin + Amie 0]

Read the Guides section....there is the K-1 for fiancés and the K-3 for those married and wanting to come to the US. Read Read Read!!!! Talk with your girlfriend (have her read the guides too) and decide which path is right for you. This is a long process, so there's not really a quick fix here. I do know the K-1 is quicker than the K-3. My fiancé and I went the K-1 path and we're almost done with what I call Phase I

Hope this helps...and best wishes with whatever path you both decide on.

Thanks for your reply Karen, I am going to have a read with my girlfriend, and let you know what we decide on. One more question though, if we choose any of the options, we will most probably have to be apart from each other? Or is it possible that we take a route that will enable us to stay together?

Thanks

Martin

[Jaylen Brit 0]

As your intention is to marry and settle in the US then no, you need to go via the K1 or K3 route and yes that will involve a seperation (unless she joins you in the UK until the visa process is completed) - if you go another route and are caught you risk a possible life ban from the USA, and I know you don't want to jepordies your future that way.

Welcome to VJ btw

Edited March 20, 2006 by Jaylen Brit

[KarenCee 3]

Unfortunately yes....usually with either the K-1 or K-3 option the foreign fiancé cannot reside in the US til the K-1 visa is issued. As for visiting...I don't know if you can, since you've developed a "travel pattern". Maybe someone else with information on this will post. I wish it were different.

[chocolaterie 0]

Correct me if I am wrong but I believe you can adjust from the VWP to a permanent resident via AOS. The problem is, did you intend to get married prior to entering the US... (you will need to prove this if the adjudicating officer asks). Many people come to the US as a visitor and they spontaneously get married. But it all depends on intent, because if you wanted to get married on the VWP prior to entering the US that can be seen as visa fraud. I think I've seen other UK citizens do it the AOS way. You might want to try searching the forums.

edit. JayJay appears to have done it this way. Try contacting her.

Edited March 20, 2006 by chocolaterie

[gag54611 1]

Martin,

It looks like your CBP record may be marked now, so additional visits in the near future may well result in you being refused entry and returned to the UK.

If you decide to stay here and get married and then try to adjust status, you might find yourself in a jam, because you'll have a hard job convincing an AOS interviewer that your decision to marry was spontaneous (you've spent a lot of time here and given up your job, hence you have no real ties to the UK).

I think your best option would be to put all the papers together for a K-1 fiance visa, send them off to the service center and then return to the UK and wait out the process. From your original post, I'm assuming that you are still in LA.

As you can see from my signature, the processing time from start to finish through London is about 4 to 6 months. This is not a long time to wait, and it ensures that you do things the right way and avoid any bans. Whatever else you do, don't overstay your current visa!!

Perhaps your fiancee could visit you in the UK while you wait out the process.

Best of luck,

G

[Martin + Amie 0]

Correct me if I am wrong but I believe you can adjust from the VWP to a permanent resident via AOS. The problem is, did you intend to get married prior to entering the US... (you will need to prove this if the adjudicating officer asks). Many people come to the US as a visitor and they spontaneously get married. But it all depends on intent, because if you wanted to get married on the VWP prior to entering the US that can be seen as visa fraud. I think I've seen other UK citizens do it the AOS way. You might want to try searching the forums.

edit. JayJay appears to have done it this way. Try contacting her.

We have been looking to get married 3 months after we met, which is now 2 years ago. We have all of the confirmations for our flight tickets, we have even taken holidays together. The evidence is plentiful. My question is, I am looking for the most peaceful way of getting through this - do you think ajusting my status on a VWP is a bit risky? I was hassled so bad my last trip i dont want to jeopordize my chances. Another question I have is this..... Since i have never overstayed my welcome and have always returned back before the 90 days, can they ban me from the US, even though I have complied with the rules?

[Miranda&James 8]

My advice would be to go back to the UK, apply for the K-1 visa and stay there till it is complete. Cant your girlfriend come and visit you in the Uk while it is in progress?

if you mess around with immigration much more, you could cause yourself long term problems. They are not to be fooled around with, and overstaying your welcome in the states is serious.

If you are serious about living with your girlfriend in America, then go for the K-1. You might be apart for a few months, but in the end its worth it! I waited 5 years till I applied for K-1, then didnt go back over to the states till it was approved (Today incidently), she came over here to see me.

Read the guides, and ask lots of questions.

~James

[Martin + Amie 0]

Thats the thing, i havent overstayed my welcome, i have always returned well before the 90 days is up. Is the 4-6 month wait pretty much a 100% guarantee or is it possible to get it before then? Has anyone had their K-1 issued in record time?

[chocolaterie 0]

I'm not the best person to ask about this I've had my share of immigration trouble. Including being interrogated twice. I understand how it feels like when you're on the verge of knowing that someone is trying to separate you from seeing your loved one... and how marriage feels like the only option that can keep you together.

So, let me ask you this. Do you have any ties to the Uk left? maybe have a lease there, own a house?

In regards to the ban, I can't answer that question. IMHO i think immigration can practically ban you for any reason. This may not be true, but it's my opinion based on the treatment I received from them.

I would consider contacting an immigration lawyer, they may have more pull on this.

I do believe it's possible that you can adjust from the VWP to a permanent resident. But if you're looking for peace, I would say go the k-1 route. I did the f-1 (student but I also had prior history involving border patrol) and it took 298 days to approve the I-130 bc it was in detailed review (which I attribute to the fact that I gave one border patrol officer a bit of my mind). k-1 is more safe.

[Miranda&James 8]

Thats the thing, i havent overstayed my welcome, i have always returned well before the 90 days is up. Is the 4-6 month wait pretty much a 100% guarantee or is it possible to get it before then? Has anyone had their K-1 issued in record time?

Yes, you may technically not be overstaying, but immigration officers make up their own mind about wether to admit you, they dont make their decision based on hard facts, its all down to their feelings towards you. If they think youre abusing the VWP, they will deny you entry, simple as. And theres nothing you can do about it, their decision is final.

I dont know what the fastest time for getting a K-1 is, its different for every single case. If you went through Vermont service center, youre likely to get an edge, but you can only go through there if its the closest one to where your girlfriend lives (I dont know which one LA uses).

Seriously, consider the K-1. If you went over on a VWP after so many visits, quit your job and got married there, when you come to adjust your status they will be very suspicious about it. It would look like a planned event and that you purposefully avoided going about it the lawful way, like we are doing on here. Messing around with the US government and immigration will cause you big problems, and the last thing you want is a lifetime ban...

~James

[Martin + Amie 0]

I completely agree with all of your suggestions about the K-1. My last wish is to be banned, i wouldn't be able to cope. I have been stopped and searched at least 4 times in the past year. So my circumstances are not ideal, even if I have never overstayed my welcome.

Is the K-3 visa faster than a K-1? If I am to wait for the K-1, when I recieve it, is there any more seperation I can expect? Or will that be it? I want the quickest option with the least hassle.

I think that changing my status, being on a VWP will be more trouble, because I agree my circumstances look suspicious.

My next question is this! I am currently in the United States with my Girlfriend, we are both willing to get married and have been talking about it for a while

What would be the wisest move to make right now, I got admitted to the US last week, and i have the 90 days available. What should I do?

[Miranda&James 8]

I completely agree with all of your suggestions about the K-1. My last wish is to be banned, i wouldn't be able to cope. I have been stopped and searched at least 4 times in the past year. So my circumstances are not ideal, even if I have never overstayed my welcome.

Is the K-3 visa faster than a K-1? If I am to wait for the K-1, when I recieve it, is there any more seperation I can expect? Or will that be it? I want the quickest option with the least hassle.

I think that changing my status, being on a VWP will be more trouble, because I agree my circumstances look suspicious.

My next question is this! I am currently in the United States with my Girlfriend, we are both willing to get married and have been talking about it for a while

What would be the wisest move to make right now, I got admitted to the US last week, and i have the 90 days available. What should I do?

I would use some of that time to go through the steps required for K-1 together, fill out necessary forms, gather evidence of your relationship, and then mail off the initial K-1 package. Then go back to UK, and wait. Soon enough, your day will come when you are eligible to go to america and marry your fiance.

Dont stay the length of the VWP though, come back as soon as possible ideally.

[Martin + Amie 0]

How long would you say I should stay? A month, two months?

I read something somewhere about a method whereby you can slightly expedite the process? I think it is called direct consular filling, can anyone tell me about this? I am not to sure, but i think it mean manually submitting the documents to your nearest branch. Is this an urban legend?

Thanks

Martin