Visiting fiancee...worried about getting through the immigration line.
Jan 28th 2010, 5:37 am
#31
Forum Regular
Joined: Nov 2007
Posts: 44
Re: Visiting fiancee...worried about getting through the immigration line.
Hi everyone,
I live in England and proposed to my fiancee last summer. I going over to visit her in March under the visa waiver program but I am really worried about going through the immigration line because of my status. I'm worried that when they ask what I'm there for and I say 'visiting my fiancee' that alarm bells are going to go off in their head and they're going to think I'm going to stay there illegally. When I went there last summer they seemed slightly uneasy about me having a girlfriend in America...but thankfully they didn't have a problem with it and let me through.
When my fiancee came to visit me in England last spring she had so much trouble getting in. The immigration officer seemed certain she was not here for a visit and she basicly got detained, questioned about everything to do with us (I was interviewed too). Thankfully she was let in but because of this I am so worried about visiting the states. Are they likely to think something fishy is going on because we're engaged? Is there anything I can bring with me to prove that I'll be going back? I'm currently on job seekers allowance at the moment and so I wouldn't be able to prove that I have a job to come back to.
Sorry if this isn't really the right place for it, I'm just worried about the whole scenario and just need to know if I'm worrying over nothing or if I could be sent back. I can't face the thought of already not seeing my fiancee for 7 months...but to face a 10 hour trip and then be questioned and turned away breaks my heart. We don't plan to get married for another couple of years because of how much the visa requirments have changed with all the saving up we have to do.
I live in England and proposed to my fiancee last summer. I going over to visit her in March under the visa waiver program but I am really worried about going through the immigration line because of my status. I'm worried that when they ask what I'm there for and I say 'visiting my fiancee' that alarm bells are going to go off in their head and they're going to think I'm going to stay there illegally. When I went there last summer they seemed slightly uneasy about me having a girlfriend in America...but thankfully they didn't have a problem with it and let me through.
When my fiancee came to visit me in England last spring she had so much trouble getting in. The immigration officer seemed certain she was not here for a visit and she basicly got detained, questioned about everything to do with us (I was interviewed too). Thankfully she was let in but because of this I am so worried about visiting the states. Are they likely to think something fishy is going on because we're engaged? Is there anything I can bring with me to prove that I'll be going back? I'm currently on job seekers allowance at the moment and so I wouldn't be able to prove that I have a job to come back to.
Sorry if this isn't really the right place for it, I'm just worried about the whole scenario and just need to know if I'm worrying over nothing or if I could be sent back. I can't face the thought of already not seeing my fiancee for 7 months...but to face a 10 hour trip and then be questioned and turned away breaks my heart. We don't plan to get married for another couple of years because of how much the visa requirments have changed with all the saving up we have to do.
its time to finalize this relationship and file K visa and get married with in 90 days of entry....Hire a lawyer or proceed pro se
Jan 31st 2010, 1:39 am
#32
Just Joined
Joined: Jan 2010
Posts: 3
Re: Visiting fiancee...worried about getting through the immigration line.
Hiya, just a basic silly question, you say you were interviewed too.
Assuming you were waiting for her at the arrivals exit at the airport? Did a tannoy announcement call you to the interview, or was she escorted by an airport official to you, and then you were taken away?
I will be in a similar situation soon.
Feb 2nd 2010, 7:50 am
#33
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Joined: Dec 2009
Posts: 13
Re: Visiting fiancee...worried about getting through the immigration line.
Many thanks for all the replies guys, I'm sorry it's taken so long to get back. I'm feeling a little more relaxed about everything and just remembering to be honest but never say any more than they ask.
With regards to me saying I'm staying with a friend or girlfriend. I am a terrible liar. I cannot lie, especially to someone like an immigration officer, I go bright red, get really shifty, uncomfortable etc so I would rather be honest rather than have them find out I was lying and possibly make things worse. But I will say first I'm here on vacation and then if they ask who I'm staying with I'll tell them I'm staying with my fiancee and her family.
And about us getting the fiance visa started now. I would absolutely love that but there is no chance from what me, my fiancee and her family have researched. My fiancee lives with her family and has never worked. I have worked but right now have very very little money. My fiancee's father had a video conference call with an immigration lawyer and was basicly told that we would have very little chance at the moment of being successful because my fiancee has to be my sponsor, we can no longer have anyone else be a sponsor. We also have to prove that we are independant and that includes her earning, I *think*, $20,000 a year. So sadly it really is a case of money at the moment. We're trying not to be too down about it and how much things have changed at the moment. We know someone from England who met his wife during a holiday in America. He went back and 6 months later he was getting married. His wife was a student at the time and so her parents sponsored him and he stayed with them for a bit. Apparently all that has changed now *sigh*
Thanks again everyone for the replies, I do really appreciate it and appreciate that other ppl have gone thorugh a similar experience.
And hern, you have a pm :-)
With regards to me saying I'm staying with a friend or girlfriend. I am a terrible liar. I cannot lie, especially to someone like an immigration officer, I go bright red, get really shifty, uncomfortable etc so I would rather be honest rather than have them find out I was lying and possibly make things worse. But I will say first I'm here on vacation and then if they ask who I'm staying with I'll tell them I'm staying with my fiancee and her family.
And about us getting the fiance visa started now. I would absolutely love that but there is no chance from what me, my fiancee and her family have researched. My fiancee lives with her family and has never worked. I have worked but right now have very very little money. My fiancee's father had a video conference call with an immigration lawyer and was basicly told that we would have very little chance at the moment of being successful because my fiancee has to be my sponsor, we can no longer have anyone else be a sponsor. We also have to prove that we are independant and that includes her earning, I *think*, $20,000 a year. So sadly it really is a case of money at the moment. We're trying not to be too down about it and how much things have changed at the moment. We know someone from England who met his wife during a holiday in America. He went back and 6 months later he was getting married. His wife was a student at the time and so her parents sponsored him and he stayed with them for a bit. Apparently all that has changed now *sigh*
Thanks again everyone for the replies, I do really appreciate it and appreciate that other ppl have gone thorugh a similar experience.
And hern, you have a pm :-)
Feb 2nd 2010, 8:25 am
#34
Joined: Apr 2002
Posts: 35,082
Re: Visiting fiancee...worried about getting through the immigration line.
raining, you got bad information, or misunderstood what you heard about the finances.
The get the K-1 visa, you or your fiancee must show that you will nto become a Public Charge. If your fiance has no income but someone credible agrees to 'sponsor' you, that is allowed.
After the visa + marriage when you apply to stay permanently (known as AOS/Adjustment of Status), there is another Affidavit of Support to complete. Again, if your spouse does not have sufficient income, a Joint Sponsor who is willing to sign the contract may do so.
Of course, this doesn't change the facts of where you would live, how you would eat and who will actually pay for that. I'd say that overall you might not be ready to get married and live independantly from your families, but understand that it is not the visa process per se that is stopping that.
The financial example of your friend is still valid (even if he skipped the required visa part of the process).
The get the K-1 visa, you or your fiancee must show that you will nto become a Public Charge. If your fiance has no income but someone credible agrees to 'sponsor' you, that is allowed.
After the visa + marriage when you apply to stay permanently (known as AOS/Adjustment of Status), there is another Affidavit of Support to complete. Again, if your spouse does not have sufficient income, a Joint Sponsor who is willing to sign the contract may do so.
Of course, this doesn't change the facts of where you would live, how you would eat and who will actually pay for that. I'd say that overall you might not be ready to get married and live independantly from your families, but understand that it is not the visa process per se that is stopping that.
The financial example of your friend is still valid (even if he skipped the required visa part of the process).
Feb 2nd 2010, 8:28 am
#35
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: Visiting fiancee...worried about getting through the immigration line.
What the heck?? That's all totally untrue. None of what this lawyer says is true. Let me address them in the order you mention them:
1. "My fiancee lives with her family and has never worked". That's fine. Your fiancee can live with her family and doesn't have to have a work history in order to file the I-129. No problem there.
2. "I have worked but right now have very very little money." That's OK, too, as your past and current income have NO bearing on getting the K-1 visa. As long as you guys can somehow come up with the filing fee, you can file the I-129F.
3. "we would have very little chance at the moment of being successful because my fiancee has to be my sponsor, we can no longer have anyone else be a sponsor." Completely NOT true. The affidavit of support for the K-1 is the I-134, and your fiancee doesn't even HAVE to be your sponsor. Someone else CAN be your sponsor. Even for the subsequent I-864, you can still have a joint sponsor!
4. "We also have to prove that we are independant and that includes her earning, I *think*, $20,000 a year." You do NOT have to prove you are independent! That is simply not a requirement. Once you get to the AOS portion and submitting the I-864 affidavit of support, then if she doesn't earn enough (i.e., the $20,000) then she can use a joint sponsor.
5. "So sadly it really is a case of money at the moment." If it really is just a matter of coming up with the I-129F filing fee, then surely that can be overcome for the time being, to get the ball rolling??
6. "We're trying not to be too down about it and how much things have changed at the moment." Absolutely nothing has changed. The K-1 regulations have been the ones to go through the LEAST amount of change for the past few years.
Definitely get a second opinion. That lawyer your FIL spoke too doesn't seem to do ANY family-based immigration cases! Pretty much everything he told your FIL was incorrect.
Rene
1. "My fiancee lives with her family and has never worked". That's fine. Your fiancee can live with her family and doesn't have to have a work history in order to file the I-129. No problem there.
2. "I have worked but right now have very very little money." That's OK, too, as your past and current income have NO bearing on getting the K-1 visa. As long as you guys can somehow come up with the filing fee, you can file the I-129F.
3. "we would have very little chance at the moment of being successful because my fiancee has to be my sponsor, we can no longer have anyone else be a sponsor." Completely NOT true. The affidavit of support for the K-1 is the I-134, and your fiancee doesn't even HAVE to be your sponsor. Someone else CAN be your sponsor. Even for the subsequent I-864, you can still have a joint sponsor!
4. "We also have to prove that we are independant and that includes her earning, I *think*, $20,000 a year." You do NOT have to prove you are independent! That is simply not a requirement. Once you get to the AOS portion and submitting the I-864 affidavit of support, then if she doesn't earn enough (i.e., the $20,000) then she can use a joint sponsor.
5. "So sadly it really is a case of money at the moment." If it really is just a matter of coming up with the I-129F filing fee, then surely that can be overcome for the time being, to get the ball rolling??
6. "We're trying not to be too down about it and how much things have changed at the moment." Absolutely nothing has changed. The K-1 regulations have been the ones to go through the LEAST amount of change for the past few years.
Definitely get a second opinion. That lawyer your FIL spoke too doesn't seem to do ANY family-based immigration cases! Pretty much everything he told your FIL was incorrect.
Rene
Feb 2nd 2010, 8:43 am
#36
Forum Regular
Joined: Jan 2009
Location: Kentucky - Green Card came 2 months after marrying! :D
Posts: 188
Re: Visiting fiancee...worried about getting through the immigration line.
Many thanks for all the replies guys, I'm sorry it's taken so long to get back. I'm feeling a little more relaxed about everything and just remembering to be honest but never say any more than they ask.
With regards to me saying I'm staying with a friend or girlfriend. I am a terrible liar. I cannot lie, especially to someone like an immigration officer, I go bright red, get really shifty, uncomfortable etc so I would rather be honest rather than have them find out I was lying and possibly make things worse. But I will say first I'm here on vacation and then if they ask who I'm staying with I'll tell them I'm staying with my fiancee and her family.
And about us getting the fiance visa started now. I would absolutely love that but there is no chance from what me, my fiancee and her family have researched. My fiancee lives with her family and has never worked. I have worked but right now have very very little money. My fiancee's father had a video conference call with an immigration lawyer and was basicly told that we would have very little chance at the moment of being successful because my fiancee has to be my sponsor, we can no longer have anyone else be a sponsor. We also have to prove that we are independant and that includes her earning, I *think*, $20,000 a year. So sadly it really is a case of money at the moment. We're trying not to be too down about it and how much things have changed at the moment. We know someone from England who met his wife during a holiday in America. He went back and 6 months later he was getting married. His wife was a student at the time and so her parents sponsored him and he stayed with them for a bit. Apparently all that has changed now *sigh*
Thanks again everyone for the replies, I do really appreciate it and appreciate that other ppl have gone thorugh a similar experience.
And hern, you have a pm :-)
With regards to me saying I'm staying with a friend or girlfriend. I am a terrible liar. I cannot lie, especially to someone like an immigration officer, I go bright red, get really shifty, uncomfortable etc so I would rather be honest rather than have them find out I was lying and possibly make things worse. But I will say first I'm here on vacation and then if they ask who I'm staying with I'll tell them I'm staying with my fiancee and her family.
And about us getting the fiance visa started now. I would absolutely love that but there is no chance from what me, my fiancee and her family have researched. My fiancee lives with her family and has never worked. I have worked but right now have very very little money. My fiancee's father had a video conference call with an immigration lawyer and was basicly told that we would have very little chance at the moment of being successful because my fiancee has to be my sponsor, we can no longer have anyone else be a sponsor. We also have to prove that we are independant and that includes her earning, I *think*, $20,000 a year. So sadly it really is a case of money at the moment. We're trying not to be too down about it and how much things have changed at the moment. We know someone from England who met his wife during a holiday in America. He went back and 6 months later he was getting married. His wife was a student at the time and so her parents sponsored him and he stayed with them for a bit. Apparently all that has changed now *sigh*
Thanks again everyone for the replies, I do really appreciate it and appreciate that other ppl have gone thorugh a similar experience.
And hern, you have a pm :-)
Feb 2nd 2010, 8:43 am
#37
Joined: Apr 2002
Posts: 35,082
Re: Visiting fiancee...worried about getting through the immigration line.
It occurs to me that this is what the father reported back to the couple.
Maybe it was his way of putting the kaibosh on the scheme.
Maybe it was his way of putting the kaibosh on the scheme.
Feb 2nd 2010, 8:46 am
#38
Forum Regular
Joined: Jan 2009
Location: Kentucky - Green Card came 2 months after marrying! :D
Posts: 188
Re: Visiting fiancee...worried about getting through the immigration line.
*GOOD LUCK*Let us know how it went
Feb 2nd 2010, 9:00 am
#39
Just Joined
Thread Starter
Joined: Dec 2009
Posts: 13
Re: Visiting fiancee...worried about getting through the immigration line.
Wow...well this is suprising new information! I've just rung my fiancee and told her this. I was told that they never had the conference call in the end because they bought this huuuuge book on immigrating in America that was 2009 recently updated. I've said that my fiancee is better off posting here about exactly what the details are from what we've researched and told, a lot of it is a lot to take in for me and remember.
As for the father scenario, I can vouch that both he and my future mother in law have been nothing but supportive of this relationship and have always helped to keep us together. They were the ones who got the book, looked through it etc I can understand your reasons for it but I can promise you that really isn't the case and that they are both very supportive of us :-)
Like I said, it really has been a case of money. We are both ready to settle down, marry and have kids but from all the research we've done its all come down to money. But if that is indeed not the case then we can look into getting everything sent off. I'll be going to Canada in September on a work visa for a year so that should help with being close to my fiancee for interviews.
It's crazy really. We had planned to move to Sweden for a couple of years before applying and settling down because of the supposed money issue. But if this is really true then we will both be over the moon because we were both upset at how long we would have to wait to get this started.
As for the father scenario, I can vouch that both he and my future mother in law have been nothing but supportive of this relationship and have always helped to keep us together. They were the ones who got the book, looked through it etc I can understand your reasons for it but I can promise you that really isn't the case and that they are both very supportive of us :-)
Like I said, it really has been a case of money. We are both ready to settle down, marry and have kids but from all the research we've done its all come down to money. But if that is indeed not the case then we can look into getting everything sent off. I'll be going to Canada in September on a work visa for a year so that should help with being close to my fiancee for interviews.
It's crazy really. We had planned to move to Sweden for a couple of years before applying and settling down because of the supposed money issue. But if this is really true then we will both be over the moon because we were both upset at how long we would have to wait to get this started.
Feb 2nd 2010, 9:07 am
#40
Joined: Apr 2002
Posts: 35,082
Re: Visiting fiancee...worried about getting through the immigration line.
Glad I was off base on that one then.
If you will be in Canada until Sept 2011, there are a couple of ways you can arrange things. I think it's time for you two to start learning about marriage based visas for yourself.
Good luck!
If you will be in Canada until Sept 2011, there are a couple of ways you can arrange things. I think it's time for you two to start learning about marriage based visas for yourself.
Good luck!
Feb 2nd 2010, 9:07 am
#41
Lost in BE Cyberspace
Joined: Oct 2003
Location: My Old KY Home!
Posts: 6,498
Re: Visiting fiancee...worried about getting through the immigration line.
If you don't want to believe us, then post over at the visajourney.com forums. They will tell you the same thing.
Feb 2nd 2010, 9:09 am
#42
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: Visiting fiancee...worried about getting through the immigration line.
Just to give you an idea of the time frame here...let's say she manages to get some money together to start the I-129F ball rolling ($455). Let's say she files it in March 2010. You'll be getting your K-1 visa to the USA around September - December 2010.
But you say you'll be going to Canada in September 2010 until August 2011 on a work visa? You won't be doing that if you immigrate to the USA in 2010.
Unless, of course, you plan not to start the K-1 visa process until early 2011, when it's closer to your Canada work plan to be finished.
Or, unless you're OK with scrapping the Canadian work thing altogether.
Rene
Feb 2nd 2010, 9:42 am
#43
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Joined: Dec 2009
Posts: 13
Re: Visiting fiancee...worried about getting through the immigration line.
Thanks again for the replies. Seriously, I am so shocked and excited I cannot stop shaking.
We had planned to have the wedding in April (or possibly May?) so I'm hoping we can get the k1 visa form sent off around Junish 2010 and then I can work in Canada until March 2011 or so as there's no minimum time to be in Canada, just a maximum of 12 months.
Thanks again, I really cannot believe this is happening :-)
We had planned to have the wedding in April (or possibly May?) so I'm hoping we can get the k1 visa form sent off around Junish 2010 and then I can work in Canada until March 2011 or so as there's no minimum time to be in Canada, just a maximum of 12 months.
Thanks again, I really cannot believe this is happening :-)
Feb 2nd 2010, 9:54 am
#44
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: Visiting fiancee...worried about getting through the immigration line.
When you refer to the "K1 visa form" do you mean the I-129F petition that she sends? Or do you mean your actual K-1 application which comes after that?
If you are talking about sending the I-129F in June 2010, then you can expect to get your K-1 visa around January 2011. If you're working in Canada at that time, keep in mind you'll need to be back in the UK to submit your K-1 visa application and get your police certificate and medical done before your interview. Then you'll need to be back in the UK again for your interview. If you get your K-1 in January 2011, then you can return to work in Canada until March, since you have 6 months to use the K-1 visa for your single entry to the USA. That would mean no visiting the USA while you're finishing your work in Canada. (You most likely won't be able to enter as a visitor if you have a K-1 in your passport...they'll make you use the K-1).
Rene
Feb 2nd 2010, 10:05 am
#45
MODERATOR
Joined: Apr 2003
Location: Phoenix, Arizona
Posts: 58,687
Re: Visiting fiancee...worried about getting through the immigration line.
Unless you meant you'll be visiting on the VWP and getting married while there in the USA in April or May of 2010. In that case, you won't be doing a K-1 fiance visa anymore...you'll be doing an Immigrant Visa as a spouse, which requires different forms and has a bit longer timeline.
Rene
Rene
