d26

Hi i have been to the US 3 times all for holidays all have been to NYC

NYC 02 with family

NYC 08 with friend


NYC 09 with friend (via Philadelphia)


When i went in 08 i messed up at the immigration line , i was asked if i had any family in US and i said no (i have family in us) i then quickly turned around and said yes . My reason for saying no was because we have not spoken in years and they dont get on at all so i hardly speak of them , i was stupid to say no but i thought i need to be honest incase they have on the computer that my folks said yes for when we went in 02. I got questioned in the room and the guys i spoke to were really cool and we spoke about american football and the giants winning superbowl 42

Then when i went to NY in august this year i connected via PHL and i was taken to a room to "finish" the process they searched my bags and asked me where i worked what i did who am i travelling and why are my family not speaking and when was the last time i went to my moms birth country (Pakistan) to which i honestly told him ive never been before .

After he said i was fine and handed me back my passport i then asked him why did i get stopped and he said "it was just a random check , it was your lucky day" to which i fully knew there was nothing random about it

Im just wondering will i be stopped every single time going in to USA, also there is a small possibility that i may marry a us citizen would this affect it ?.

Noorah101

There is absolutely no way of knowing if you'll be stopped every time. It all depends on the POE officer.

Being questioned at the POE will not affect your ability to marry a USC, no. Unless you plan to marry on that particular visit, and the POE officer happens to decide not to let you enter the USA...then no, you wouldn't be able to marry in the USA on that visit.

Rene

d26

I thought i had a flag beside my name for everytime i was to enter so you just assume its just that POE officer at the time.

For the 2nd part would i not need to apply in the UK then be granted a visa to go over to get married

Noorah101

That might be true, I don't know. Be prepared for it, just in case.

No. You are allowed to get married in the USA while you are there on the VWP. You cannot remain in the USA longer than the 90 days. After marriage, you'll go through the process of getting an Immigrant Visa back in your home country.

If you want to remain in the USA after marriage, then yes, you'd need to apply for a K-1 fiance visa ahead of time.

Rene

BritishGuy36

I took it to be meant the other way around; would a prospective marriage to a USC affect how one is treated at the POE.

The answer to that, is possibly yes.

d26

mmmm so i could get refused because of what had happened in 08


What im trying to say is the blip i had at POE in 08 is that a big factor against me or do they see it as a minor mistake and wont be a major factor in my decision to marry a usc

fatbrit

The big blip is the word Pakistan buried in your first post somewhere. This will count against you all the way, I'm afraid. Expect to be singled out all the time and for applications for visas and immigration benefits to take much longer.

BritishGuy36

I agree with FB.

Noorah101

Get refused for what, exactly?

I agree with the others, that if you have Pakistani heritage, you'll run into more obstacles than someone who does not, if you are wanting to immigrate to the USA. But I don't think it will be a major factor in your decision to marry a USC, no. You would still be free to marry a USC. If, for some reason, you are not allowed in on the VWP again, you can still marry in another country other than the USA.

Rene

d26

I would want to marry and reside in the USA , So would i apply for a K1 visa in the UK receive the VISA go over to the USA and get married then come back to UK , or once im married (within the 90 days of VWP) can i stay in the states . At POE when i go with a K1 they definitely know that i will be going to the US with intent to marry a USC .



I also understand that during the K1 application it says

Evidence of having met, such as photos of the individuals together, ticket stubs showing either party has travelled to meet the other, etc. If both parties have not met within the 2 years prior to the filing of this petition, provide a detailed explanation and evidence of the extreme hardship that would be encountered, or the cultural or social practices that have prohibbited such meeting;


In asian tradition (indian/pakistan tradition) usually the parents do the talking and "arrange" a marriage this isnt a forced marriage if i like the girl and she likes me we will get married . However i havent met her yet and i assume we would speak together on the internet first but how do we convey that in our letter that its a tradition

If anyone has done this could they please say how they went about it

Noorah101

Yes, if you intend to live in the USA permanently, right after marriage, then you would need a K-1 visa. The other option is getting married somewhere in the world, and then doing a spouse Immigrant Visa, but that won't allow you to live in the USA while it's processing.

You will have a VERY difficult time overcoming this very basic main requirement for the K-1 visa. USCIS does not take this one lightly. I personally know of a couple of people who tried to overcome this requirement and got denied. However, there was one person on this forum, years ago, who managed to overcome it through diligence and a TON of proof. I can't remember his user name offhand. Unless it is absolutely forbidden to see your bride in person before marriage, I don't recommend trying to overcome this requirement.

When you say you will speak together on the internet, I assume that means no webcam or sharing of photos either, right? Only speaking to each other and hearing voices. Because if your culture allows you to see each other on webcam, or see photos of each other, I assume USCIS will also see no reason why you cannot meet physically face to face.

If you truly want to try to overcome this requirement of meeting face to face, based on your culture, religion, or tradition, you will need a LOT of physical evidence to support it. Not just stating it in a letter. It will not be easy, and you risk getting the I-129F petition denied. I suppose if you're not in a hurry, you can try this, and then if it gets denied, go ahead and get married and do the Immigrant Visa instead.

Rene

meauxna

So you do not want to visit the US, you want to come specifically to marry a US citizen, is that correct?

If you want to keep with tradition (which varies widely in Pakistani culture) and marry without meeting first, you will have to come as a visitor, have your marriage ceremony and leave the US within 90 days.
Your new spouse can then petition for you to apply for a visa and you will be able to move to the US about 8-10 months after your marriage+petition.

More practical for most people today is to meet in person, with supervision (which is allowed), in either the US or the UK, and then have the US citizen petition you as a Fiance (K-1 visa). When you get the visa (6-10 months later), you travel to the US with the K-1 visa, marry within 90 days and then file the paper to adjust status (AOS) so you can remain permanently.

I have followed a lot of Pakistani K cases and the waiver for meeting in person is nearly impossible to get. The one person I've read who succeeded may have lied in his application, which we don't recommend or condone.

I have put longer times for your visa process than other UKCs may currently have. You may be subject to deeper security checks (called Administrative Processing) because of your Pakistani heritage. This is just a fact o' life at the moment.

We have an entire forum for marriage-based visas here, and I'm happy to move your thread if needed.

Rete

I have to agreed with FB. Your heritage, as well as the fact that you admitted to a untruth told originally, is the cause of your being stopped along with the fact that you are a male. Will it happen again. I would think odds are yes. Will it hinder your immigration to the US based on marriage to a USC, no.

For all those who have the intent to immigrant have to expect some questioning at the POE. Only natural.

d26

Yeah you can move the thread ,


Sorry i think i may of misread one of the wiki's wrongly i thought it said we had to have know each other for 2 years , i just read your posts and noorah's and looked back and it said we had to have met within the past 2 years . That makes things easier though as we can meet up with each other after we spoke over the internet and provide pictures for the K1 process.

The Pakistani heritage comes from my mothers side my fathers side is full scottish .


What do you mean by supervision

Im not sure what you mean by impossible to get , i would meet her in the UK.


The girl that im looking to marry is my mothers cousins daughter would this be legal in the US i understand in the US it is not legal to marry your first cousin but she seems to distant for it to be a problem but im not 100% sure

If it wasnt possible would i be able to marry in the UK then she can apply for a K3 visa is it?

Noorah101

OK, this is good to hear. So you don't have to try to overcome the meeting in person requirement. That would have been VERY difficult to do. So the plan now is, you will meet in person when the time is right, and then begin the K-1 fiance process after that.

She meant that if your culture does not allow you to be alone with each other in person before marriage, you can have someone supervise the meeting. Have a parent or someone to chaparone. Sounds now like this won't be an issue anyway.

Of course if you're going to meet each other in person in the UK before starting the K-1, it won't be impossible to get. That comment was made when you said you cannot meet in person first.

I think it will be fine.

Rene