spolizzi

Hi, awhile ago my fiance and I successfully navigated the K-1 visa route and got her into the country to marry me. However, due to various personal circumstances she needed to leave the country again about a month after entering. She handed in her I-94, was not deported, and was never out of status.

She is a UK citizen, and I would like to have her come back under the VWP to visit for 3 months and get some of our affairs sorted. During this time, we will file again for a new K-1 visa. She will go home at the end of her 3 months, finish up the K-1 visa process again from home, and then return on a K-1 again to resume our marriage track.

We understand that she will most likely be questioned at immigration and plan to furnish a return ticket and letters from her family, myself, and my family stating that we fully understand the law and do not intend to circumvent it in any way and that we wish to file again for a K-1 visa in the next few months and have no interest in jeapordizing her future immigration to become a permanent resident.

Does anyone see any problems with this?

ian-mstm

The part about the return ticket is a good idea, but I'm not sure it's such a good idea to include a letter indicating that you don't intend to break the law. If I were the officer, I'd be thinking that you are providing this letter as a means to trick me into believing that you intend to do exactly as you state in the letter while, at the same, fully intending to do just the opposite. I just don't think it's a good idea! Other than that, I don't see any problems - but I'm sure others will correct me if I'm wrong!

Ian

spolizzi

Good point. I would only offer the letter if it was necessary, carrying it just in case. The letter would also contain valid contact information for me stating that I'm willing to be held liable for anything if they care to check up on us.

Bluegrass Lass

It would actually be better if she could show solid proof of her plans to return. A mortgage or lease documents, employer statement, school registration... something that shows she has ties (usually financial in nature) that will bring her back to the UK.

kellogs

Well, the problem here is that there aren't any ties. I deliberately broke them all on my first trip over due to our intent to stay and marry. It's now six or so weeks later that I am attempting to enter the US again, this time on the VWP, and the only thing we can provide is letters stating that we do not intend to marry on this trip. It's starting to look like we'll just have to take our chances.

- His Fiance

NC Penguin

Did you or your girlfriend ever notifiy US Immigration that the two you did not marry as per the K-1?

If you did, it's my personal opinion that her having the documentation described above to show at Immigration if she's questioned should be sufficient. Also, she should also bring documents proving residence in the UK (mortgage docs, rental agreement, etc.)

kellogs

We didn’t notify them, no because we didn’t see a need to. At that precise time we weren’t sure which direction we’d be going in. Plus we knew they’d take out the 1-94 on departure.

As it stands I currently have no ties in London due to it only being six weeks since I last left the country and had to break them all. So all we’re able to provide on my return visit (using the VWP) is letters stating that our intent is not to marry on this visit and hope for the best, I guess. Just wondering if anyone else had done this and didn’t have a problem or can offer advice as to what other documents, if any, may help.

Folinskyinla

Hi:

Yes.

spolizzi

Would you mind elaborating or offering some advice/suggestions?

ian-mstm

Oh no, the dreaded FOWA (Folinsky one word answer)! Run for the hills... run for the hills.

Ian

kellogs

LOL

Real helpful. How can we go wrong on that?

Folinskyinla

Hi:

No.

Folinskyinla

Hi:

Give me a break. His acutal question was succinct and to the point: "Does anyone see any problems with this?"

NC Penguin

Never assume that US Immigration will see things the way you do. You opened a door, so to speak. You needed to have closed that door.

In light of the above paragraph and having no ties to the UK, I think you'll have major problems entering the US even with the letter.

My suggestions are:

have your boyfriend, the USC come over to the UK to visit. He can come over on the British equivalent of the Visa Waiver and he should arm himself with docs to show ties to the US.

or

the two of you should consult an immigration attorney before either of you travels to see the other.

Just my 5 cents...

USA & Pakistan

Letters promising good intentions are not proof of compelling ties to return to the home country.

Good Luck!
Marnee