smulvain

Ive heard people say that on VWP you can stay for 3 months and then come back to the UK for a few weeks then go back on VWP is this correct?

Ash UK/US

Yes, but in all reality convincing the immigration guy at the POI that your here for another 90 day 'vacation' is a whole another issue... just saying

Michael

Some people get away with it for awhile but usually the PO checks the computer to see if you are entering the US too often and/or too long and may refuse you entry and put you on the first plane back to the UK. The PO is trying to determine if you are living in the US and not visiting and how often you enter and the frequency of the visits gives him an indication.

It is not legal to live in the US without a proper visa that allows you to live in the US.

Therefore my earlier post recommends that you remain outside the US as long as your previous visit but there isn't any hard rules concerning the number, frequency, and length of each visit. It is at the discretion of the PO and he has the power to refuse entry. A vwp only gets you to the doorstep but does not guarantee entry.

smulvain

if I got deported would it just be a case of waiting to come back?

Ash UK/US

LOL... NO!!!!!!!!!!! Depnding it may mean many years until you CAN come back.

smulvain

This is awful

I really dont want to be apart from her but I really dont know what to do. If I was deported could I then apply for a spouse/fiance visa (k1)

Michael

If you are deported, that can cause problems but being turned away on the next plane home at the port of entry is not being deported and will not affect any immigration visas (ex. finance or spousal visa). However, you may not be able to enter the US again for a period of time on a vwp.

Even people that enter on a vwp for business purposes (certain business purposes are legal under a vwp) are sometimes refused entry if they enter too frequently. Usually under these cases, the PO may allow the person to enter, make a note in the computer, and tell the person that he will need a B1 visa for the next visit.

Even when the PO suspects that someone is visiting too often, he may allow the person in for a period shorter than 90 days but tells the person to not enter again for a specific period of time. It is up to the PO to determine the course of action.

smulvain

Oh this is terrifying!

what do you think I should do?

Should I just go on a VWP and stay within the terms of the VWP while applying for the K1 spouse visa?

Michael

It is up to you. The worst thing that will happen is that you will be sent back on the next plane home but it won't affect your K-1 application but you will likely have to wait until your K-1 visa is approved to reenter.

smulvain

Oh that doesnt sound too bad. I just dont really know what is best if I go in on a VWP and apply for a K1 visa, it feels like if I make the wrong decision that would be it and I wouldnt be able to stay with her in the US.

Really thank you all for your advice and your time I dont know where I would be with out it.

Michael

The K-1 visa application can be started at anytime but must be started by your fiancé by filing form I-129F (Petition for Alien Fiancé).

smulvain

how long does it usually take for the K1 petition to be accepted?

Michael

Look at the link in Rene's (Noorah101) post in your other thread and it will tell you.