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Can I visit repeatedly while waiting for K-1?

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Can I visit repeatedly while waiting for K-1?

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Old Jun 29th 2007, 4:07 am
  #16  
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Default Re: Can I visit repeatedly while waiting for K-1?

Originally Posted by sgrand
I do?

This is the kind of thing I read that made me think it:

"Travelers who use the visa waiver program cannot extend their stay beyond 90 days, and they cannot change their visa status."

Doesn't filing for a green card involve changing status?
Yes -- but if I told you how, I'd have to kill you! An attorney will tell you within the sanctity of your confessional provided your American Express card is duly authorized. Go ask next time you're over.
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Old Jun 29th 2007, 4:42 am
  #17  
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Default Re: Can I visit repeatedly while waiting for K-1?

Originally Posted by fatbrit
Yes -- but if I told you how, I'd have to kill you! An attorney will tell you within the sanctity of your confessional provided your American Express card is duly authorized. Go ask next time you're over.
:-)

One of the things I just love about post-9/11 USA is that it's practically impossible for a tourist to buy anything any more - gas pumps demand your zipcode, waitresses want your SSN... "American Express - accepted all over the world (except America)".

Thanks for the msg.

I don't think anyone would have trouble showing that I already had the intent to marry before I entered the US - I divorced my wife in order to remarry, told everyone I know about it, opened $US bank accounts, have a rented house in joint names, etc. Bit of a giveaway, I think.
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Old Jun 29th 2007, 4:52 am
  #18  
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Default Re: Can I visit repeatedly while waiting for K-1?

Originally Posted by sgrand
I don't think anyone would have trouble showing that I already had the intent to marry before I entered the US - I divorced my wife in order to remarry, told everyone I know about it, opened $US bank accounts, have a rented house in joint names, etc. Bit of a giveaway, I think.
You're still missing a crucial point.

It's perfectly OK to have the intent to marry on the VWP. Nothing wrong with that picture at all. You can marry on the VWP and then return to the UK for immigrant visa processing.

You can't have the intent to marry and remain after marriage in order to adjust status to permanent resident.

In my opinion, with everything you've done ahead of time (house in joint names, announcing your intent here, etc.), you're far better off doing it the right way with the K-1 visa. You'll just have to take your chances when visiting on the VWP while it processes.

Rene
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Old Jun 29th 2007, 4:56 am
  #19  
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Default Re: Can I visit repeatedly while waiting for K-1?

Originally Posted by Noorah101
You're still missing a crucial point.

It's perfectly OK to have the intent to marry on the VWP. Nothing wrong with that picture at all. You can marry on the VWP and then return to the UK for immigrant visa processing.

You can't have the intent to marry and remain after marriage in order to adjust status to permanent resident.

Rene
That's true, but it puts me in much the same position - either I'm in the UK waiting for a K-1, or I'm in the UK waiting for a green card. Both take a very long time (a K-1 being somewhat quicker), hence my interest in being allowed back into the US while I'm waiting.

Thanks for the advice - a K-1 seems to be the only option, and then I keep my fingers crossed.

Last edited by sgrand; Jun 29th 2007 at 4:58 am. Reason: missed part of msg I'm replying to
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Old Jun 29th 2007, 5:04 am
  #20  
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Default Re: Can I visit repeatedly while waiting for K-1?

Originally Posted by sgrand
That's true, but it puts me in much the same position - either I'm in the UK waiting for a K-1, or I'm in the UK waiting for a green card. Both take a very long time (a K-1 being somewhat quicker), hence my interest in being allowed back into the US while I'm waiting.

Thanks for the advice - a K-1 seems to be the only option, and then I keep my fingers crossed.
Now listen carefully ..I shall say this only once...

If you do find on your next trip ..you lose control of yourself and
get married
Go see an Immigration Lawyer
take the confidential advise and do what he/she says

make sure your future wife earn enough to sponsor you
or perhaps one of her family members can assist

if you have any criminal record ... you may have big problems

trying to be smart and beat the system will end in tears ..
they know every trick ..
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Old Jun 29th 2007, 5:16 am
  #21  
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Default Re: Can I visit repeatedly while waiting for K-1?

Most people adjust status through marriage after entering as a visitor or on some other legal basis, the K route is the odd one.

Which is part of the reason you may have issues with long visits to a US GF and no ties to your country.
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Old Jun 29th 2007, 5:19 am
  #22  
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Default Re: Can I visit repeatedly while waiting for K-1?

Originally Posted by sgrand
That's true, but it puts me in much the same position - either I'm in the UK waiting for a K-1, or I'm in the UK waiting for a green card.
Actually, you wouldn't be waiting for a green card, you'd be waiting for an immigrant visa....but that's beside the point.

Both take a very long time (a K-1 being somewhat quicker), hence my interest in being allowed back into the US while I'm waiting.
It doesn't really take a *very* long time. It takes about 6+ months, depending on many factors that are out of your control. Your girlfriend was coping somehow before you came along, she can probably tough it out another 6 months or so...and you might get lucky and get admitted on the VWP again with no problems. It's just something you have to get through in order to obtain the big picture of having the rest of your lives together.

Thanks for the advice - a K-1 seems to be the only option, and then I keep my fingers crossed.
Ray gave you excellent advice about this being your only option.

Best Wishes,
Rene
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Old Jun 29th 2007, 6:02 am
  #23  
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Default Re: Can I visit repeatedly while waiting for K-1?

Originally Posted by Noorah101
It doesn't really take a *very* long time. It takes about 6+ months, depending on many factors that are out of your control. Your girlfriend was coping somehow before you came along, she can probably tough it out another 6 months or so...and you might get lucky and get admitted on the VWP again with no problems. It's just something you have to get through in order to obtain the big picture of having the rest of your lives together.
Yeah, I realize I'm looking like a silly heartbroken teenager here, although actually I'm 49. It's just that my fiancee *wasn't* coping - that's why I'm seeming so impatient. I've been over here helping her to extract herself from an abusive marriage, a rat-infested house and severe depression. When I'm in the UK she's basically stuck as a single mom with a very demanding freelance job and three even more demanding children at home for the summer holidays. I fear for her health. But like you say, it's just something we have to get through, and it can't be any worse than all we've been through so far. Mind you, the first year of our relationship we were apart, and that was the most terrifying time of my life!

I'll just have to hope Uncle Sam has a sympathetic ear...
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Old Jun 29th 2007, 7:30 am
  #24  
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Default Re: Can I visit repeatedly while waiting for K-1?

Originally Posted by sgrand
I'll just have to hope Uncle Sam has a sympathetic ear...
It's a bit like Dante... "All hope abandon ye who enter here." Sadly, Uncle Sam doesn't have a sympathetic ear in his head! These are the hoops through which we jump. If it's any consolation, we who have been through the process have all been separated... some for several years... but we manage to survive it all and, in the end, it works out just fine. Keep focussed on the goal... not the journey.

Ian
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Old Jun 29th 2007, 3:01 pm
  #25  
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Default Re: Can I visit repeatedly while waiting for K-1?

Originally Posted by ian-mstm
It's a bit like Dante... "All hope abandon ye who enter here."
:-)

I guess I should take the advice of the late, great Eric Idle and "always look on the bright side of life". But then it's fair to say, he never tried immigrating...
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