mdaitc

[QUOTE]Originally posted by supernav
If you enter on a VWP, you CANNOT HAVE IMMIGRANT INTENT./QUOTE]

The thread title is "visit US while K3 pending" which means that the person is already married.

As such, they are allowed to visit the US under the VWP whilst the K3 is pending. I'm currently in the US on the VWP and i've got my NOA2 for the K3.

The US embassy in London wrote me the following in an email:
If you intend taking up permanent residence in the United States you are
required to wait until the immigrant/ K-3 visa is issued. You cannot reside
in the United States on a tourist visa or visa free under the Visa Waiver
Program while waiting the issuance of an immigrant/ K-3 visa. However, if
you wish to make a temporary visit at the end of which you will return to
your permanent residence outside the United States, you may travel on a
tourist (B-2) visa, or visa free under the Visa Waiver Program, if
qualified.

So a visit to the US is fine - up to the limits of the tourist visa or VWP limits - you just can't reside longer than this.

Folinskyinla

Hi:

California Bride was fortunate in that a senior POE officer saw her situation as a "training opportunity." Every so often, when a lawyer goes up the chain of command to resolve a problem, you will get the response -- "oh, this is a good training issue."

The "training" in CaliforniaBride's case was on two issues: the first was on the quite new K-3 visas and the second was that of "dual intent."

The term "non-immigrant intent" is often misunderstood -- it does NOT mean no intention of immigrating -- all it means is the intent to comply with the terms of the "non-immigrant" admission. A K-1 visa holder has every intention of immigrating but they have the requisite "non-immigrant intent."

The kicker in a VWT or B-2 application for admission is that there is a requirement of a home abroad with no intention of being abandoned. Over the years, the government has acquiesed in the notion that limits the home aroad intention to THIS entry -- hence DUAL intent -- 1. Yes, I itend to give up my home aborad in the FUTURE, but 2. I intend to keep it for NOW and return to it.

Peter Andre

Great thread California Bride, its cleared a lot up in my mind, I once stayed in usa for 3 months then returned 2 weeks later with a 3 month return plane ticket, that was really pushing it, I thought, but I was let in no problem.

Basically it seems as long as you're honest about your intent and don't break any rules that you will get through fine.

I especially like the part where the officer said you could visit every week if you liked.

kind regards
P.B

ian-mstm

That's not always true.


The officer lied!

BTW, you realize, don't you, that you replied to a thread that is almost 2 years old! A lot has changed since then!

Ian

CaliforniaBride

Wow, Ian. I have just linked to this thread for a new poster and found that it had been resurrected. Since you chose to add to it I have a couple of questions for you.

1. How did the officer lie?

2. What has changed since then that would be relevant to this thread?

NC Penguin

One would be, IMHO, foolish to believe that one could visit the US and be admitted entry if one visited *every* week. Even with all the paperwork to back up ties to the home country, it is up the individual immigration officer to determine whether a traveler on the Visa Waiver is admitted to the US. It's all highly subjective.

Maybe if one was seen by the same immigration officer who'd said it'd be OK to visit every week when entering the US, one might be lucky but if he/she was having a bad day, he/she could deny entry and one would be back on a plane heading home.

<<snip>>

NC Penguin

CaliforniaBride

Of course that is the reality but the officer was simply illustrating his point that I wasn't doing anything illegal. But where was he lying?