aminaduwan

hello,

so I have posted here before but here is the story. I live in England and my fiancé in America.
6 months ago I was denied a b2 visa and subsequently denied at Esta.
So we have decided to go down the k1 visa route. I think we have the package ready although I don't feel like I have that much supporting , evidence ( I have photos and a boarding pass, emails to each other and stamps on my passport, but that is it). I am worried that when we send off this package the UCSIS could reject it.

I am thinking to apply for an Esta again, and if this were to be approved, to travel to the USA on the VWP and then marry. ( I know you aren't supposed to do this but I have heard of people doing this and just adjusting status, would that work? Also if I send off my the package and the check to the USCIS and my Esta gets approved, can I cancel the check, or do they cash it immediately? If I were to cancel the process because my Esta is approved I don't want it to show on my records that I cancelled a k1 visa, for future entry could really be a problem.

If anyone has any experience would really appreciate it.
We just want to be together and I am trying to think of the quickest way to do it.

hope this made sense and would love advice thank u.

ian-mstm

The only requirement, is that you have met each other face-to-face at least once in the previous 2 years. It sounds like you have plenty of such evidence.


I'm not sure why you're worried.


There is absolutely nothing wrong with going to the US on the VWP and getting married. The problem comes when you stay to adjust your status. It is illegal to enter the US as a visitor with the intent to stay to adjust your status.

Can it be done? Yes. Do people get away with it? Yes. Will you get away with it? Who knows... do you feel lucky?


Just don't do it. It's an incredibly stupid course of action - and, if things go wrong, you could end up with a lifetime ban from the US.


Quick and legal are usually mutually exclusive choices. You can take the short cut if you want - but no one here is going to support your decision.

If you think 8-10 months is just too long to wait, then I suggest you're too immature to get married!

Ian

aminaduwan

thanks Ian, I should have said quickest and legal! we will do what has to be done. I didn't realising that cancelling the application for the k1 visa could mean you could be banned, what if u were to change ur mind during the process?
Also if when I receive the letter back from the USCIS so that I am able to book my medical, what if I am out of the country and not at my address in England where documents from the embassy would arrive to. Do I have to book the medical within a certain amount of time? thanks for the help!

aminaduwan

also my point of cancelling the check, was only if I was able to get there with an Esta and adjust status, so obviously wouldn't need to get the k1 visa... hence the cancelling check. but if the adjustment of status is risky I would rather not run the risk.

ian-mstm

It's not cancelling the K-1 that'll get you banned... it's lying to a US immigration officer about your intent that can result in a lifetime ban!


Then you wait until you return to book the medical. You have up to a year to respond at each stage of the process.


Yes, I understood.


If the adjustment is denied for any reason whatsoever, you would become immediately removable from the US, possible subject to detention, and put on the next flight out! You have no right to appeal the decision if things go wrong... because you will have signed away any rights you might have had when you enter on the VWP.

So, as you suggest, best not to run the risk.

Ian

aminaduwan

great thank u so much, and I am so relieved to know that I have a year to respond to the process (although will only be delayed a month or so if not in the country) fantastic. Will send off package and get the ball rolling :-)

RICH

As a practical matter I do not think you can cancel the check. If they receive and do not reject your fiancee's i29f petition as incomplete or such, the money is theirs. It is an application fee. You can cancel / drop the application though.

RayAme

You need to learn, THERE ARE NO SHORT CUTS IN LIFE. You will suffer for it. I went to USA on VWP got married and then applied for immigration visa it took 12 months but I have it. my wife and I are going to spent the rest of or lives together. I am 62, so every year counts.

mikelincs

|Surely, if he has already been denied a B2, then he is unable to use the VWP as he has a visa denial.

civilservant

Depends on how long ago the B2 denial was. A visa denial does not preclude you from ever using the VWP again, it just means that you need to declare it. When DoS has updated their system with the denial (and presumably the reasons for it) often ESTA is approved again - usually 6-12 months later.

The OP does not say when the visa refusal was.

Pulaski

Yes they did, in the second line of the first paragraph of the first post in this thread. ..... The B2 was denied 6 months ago.

Go have another coffee!
There is a third choice: go now/ soon on the VWP (if you can now get ESTA), marry, come back and apply for a CR1 marriage visa. You can still use the VWP to visit during the CR1 process.

civilservant

Uggh. Too early!

aminaduwan

thank you for the replies. I thought the Fiance visa would be easier to get then a marriage visa as we haven't been living in the same place etc...
my mother in law will be sponsoring me, and I just want to make sure for whatever reason, if I realised during the process she was unable to sponsor me and I cancelled the process, it wouldn't be held against me when I enter America on the VWP? also if I do get an approved Esta and travel to America soon, will they be able to see my application for the k1 in process??

I don't want them to think that I am going to overstay if I am seeing my fiancé and then deny me entry.

thanks again for the help

Noorah101

Neither the K-1 nor the spouse Immigrant Visa are "easier" than the other. They are just two different processes towards the same goal.

You mean your *future* mother in law. Yes, she can fill out an I-134 to sponsor you, if you're doing a K-1 visa. Be aware that when it comes time to file the I-864 along with your AOS, your wife will be your sponsor. If your wife doesn't meet the income/asset requirements at that time, her mother can be a joint sponsor.

If you cancel a K-1 visa process, for whatever reason, it is not held against you when you enter at a later date on the VWP.

Perhaps. It doesn't matter, even if they do. You are allowed to try to visit the USA during the K-1 visa (or Immgrant Visa, too) process.

In that case, bring plenty of proof that you MUST return to your home country, that you MUST leave the USA as planned, and that you do NOT intent to overstay or try to remain in the USA on that trip. There are never any guarantees of entry when visiting the USA.

Rene

jeffreyhy

How much time do you propose will elapse between when you send the check and when you will find out that the ESTA has been approved? And how soon is "immediately"?

Be aware that the USCIS lockboxes are contract operations run by banks. For a reason.

Regards, JEff Stopping payment on a check is not the same thing as cancelling the process that the check was intended to pay for, although it will have the same result of stopping the process. There is a right way and a wrong way to do things.

Note also that the I-129f petition is not an application for a K visa - it is a necessary precursor to the visa application. Regards, JEff