US Immigration concerns

I have a question, as I’m a little concerned about some upcoming events.

My fiancé is coming to the States in June so that we can marry. This will be his fifth visit in eight months. On his last visit, Immigration even asked him when he planned on coming back! So you can see why I’m a little nervous about this trip - Immigration is starting to get curious, and I’m afraid that he’ll be turned away this time (which could make things very difficult!).

I was told, that should marriage be brought up at any time between him and the IO, that it’ll primarily be my responsibility to prove to them that he won’t be staying in this country. Only I’ve no idea how to do this. So my questions are these:

1. Would it be unsafe for him to bring any documentation with him? We were preparing to file for a Visitor’s Visa for me, but my divorce has gone through a little quicker than we anticipated. So I’ve got a good majority of the documents we’ll need for my Spousal Visa already, but there are a few more that I’ll need (more recent bank statements, letter from landlord, etc.).

2. How could I go about proving to Immigration that he won’t be staying in the country illegally once we marry? I was thinking that the letter from his landlord stating that it’s okay for me to stay in the flat (in the UK) upon my arrival might help to prove that, along with the tenancy agreement (which I have in my possession).

3. Should I have him get a letter from his boss stating that they’re expecting him back on such and such a date? Should I write him a letter of invitation and have my mother write a supporting one as well (since I live in her house and that’s where we’ll likely be staying during his visit)?

4. Can I fill out the VAF2 application well before I send in the supporting documents? Our plan is to marry on June 16th, so if I filled out the application near the beginning of June could I use the confirmation/receipt email I receive as evidence of my intent to live in the UK with my new hubby? If so, how long can I wait before I mail in my supporting documents?

Any other help would be greatly appreciated. Thank you in advance, and I apologise for all of the long-winded questions.

1. Would it be unsafe for him to bring any documentation with him? We were preparing to file for a Visitor’s Visa for me, but my divorce has gone through a little quicker than we anticipated. So I’ve got a good majority of the documents we’ll need for my Spousal Visa already, but there are a few more that I’ll need (more recent bank statements, letter from landlord, etc.).

2. How could I go about proving to Immigration that he won’t be staying in the country illegally once we marry? I was thinking that the letter from his landlord stating that it’s okay for me to stay in the flat (in the UK) upon my arrival might help to prove that, along with the tenancy agreement (which I have in my possession).

3. Should I have him get a letter from his boss stating that they’re expecting him back on such and such a date? Should I write him a letter of invitation and have my mother write a supporting one as well (since I live in her house and that’s where we’ll likely be staying during his visit)?

4. Can I fill out the VAF2 application well before I send in the supporting documents? Our plan is to marry on June 16th, so if I filled out the application near the beginning of June could I use the confirmation/receipt email I receive as evidence of my intent to live in the UK with my new hubby? If so, how long can I wait before I mail in my supporting documents?

Any other help would be greatly appreciated. Thank you in advance, and I apologise for all of the long-winded questions.

You should apply for the US non-immigrant fiancee Visa (K-1).  Check out: http://travel.state.gov/visa/immigrants/types/types_1315.html

Once you have your marriage certificate, be prepared to apply for your spousal entry clearence (VAF2).

I thought the K-1 Visa was meant to be used only if we're staying in the US....

I thought the K-1 Visa was meant to be used only if we're staying in the US....

No, if you read the government website, a K-1 is used for Fiances, period.  It does not let you immigrate, because you would have to apply for immigrate status after you are married.  This just lets you in the door.  If you wanted to stay after this, your then spouse would have to apply via From I-485 to register as a permenant resident.  Otherwise you folks just leave.

If you're not planning on staying, there's no need for the K-1 visa: http://www.usembassy.org.uk/cons_new/visa/us/marriage-us.html

"f you will travel to the United States to marry and return to your permanent residence abroad, you will require a tourist (B-2) visa, or if eligible may travel visa free under the Visa Waiver Program (VWP). However, if you intend taking up permanent residence after the marriage ceremony, you will require a fiancée (K-1) visa."

Others on the site have done just that, I'm sure they'll be by to post on this as some point.

I thought the K-1 Visa was meant to be used only if we're staying in the US....

That was my understanding as well.

That website also seems to suggest that.  It talks about the fiance/e as an immigrant who is intending to live in the US.

I am pretty sure that if you provide all the documentation you mentioned, you should be fine, Valerian.  I've heard about others doing this.  But I am by no means an expert...that's not the route we're taking.  Have you tried the search function on the forums to find out how this worked out for other people?

No need for the fiance visa since you guys will be leaving the US following the wedding.  If asked to prove that he's leaving the country, your fiance can provide a letter from his employer stating he's expected to return to work on a certain date.  He can also show that you have an appointment (or have applied online) for your spousal visa.  As long as he demonstrates an understanding of the immigration rules, he should be okay.  If you're really worried, you can write a little letter that your fiance can carry with him stating that you're getting married on X date, will be applying for your spousal visa on X date (or that you submitted the application on X date), that you'll be financially responsible for your fiance during his stay, etc., and provide your contact details in the event that immigration need to speak to you.

My DH entered the US as a visitor for our wedding.  If you'd like a rundown of our experience, click the little globe icon on the left-hand side of my post.

Good luck! 

No need for the fiance visa since you guys will be leaving the US following the wedding.  If asked to prove that he's leaving the country, your fiance can provide a letter from his employer stating he's expected to return to work on a certain date.  He can also show that you have an appointment (or have applied online) for your spousal visa.  As long as he demonstrates an understanding of the immigration rules, he should be okay.  If you're really worried, you can write a little letter that your fiance can carry with him stating that you're getting married on X date, will be applying for your spousal visa on X date (or that you submitted the application on X date), that you'll be financially responsible for your fiance during his stay, etc., and provide your contact details in the event that immigration need to speak to you.

My DH entered the US as a visitor for our wedding.  If you'd like a rundown of our experience, click the little globe icon on the left-hand side of my post.

Good luck! 

Lola,

Can I ask a question, when your now husband entered the US did he decalre he was getting married or did he say something else, just wondering as Andrea and I are on the run up to our wedding and I am starting the visa process and wondered what to say as I enter the US.

Thanks

Steve

Lola,

Can I ask a question, when your now husband entered the US did he decalre he was getting married or did he say something else, just wondering as Andrea and I are on the run up to our wedding and I am starting the visa process and wondered what to say as I enter the US.

Thanks

Steve

We weren't sure what would happen if he told immigration about the wedding, so he said he was in the US for a holiday.  He wasn't hassled at all.  Knowing what I know now, I would suggest that you just say you're there to get married.  If you're really getting married (you are!) and you really plan on following the immigration rules (you do!), there's nothing to worry about.  If you're concerned, just have evidence of the spousal visa application, a return ticket, and a letter from your job.  If you show that you know what you're doing and that you won't be breaking any rules, you shouldn't have any trouble.   

if your fiance tells the border guards that he is coming to the US to be married, he very well might be denied entry on the grounds that they would automatically assume that he will try to stay illegally.  US border guards just generally assume that anyone entering the US is going to stay illegally, and it is up to the visitor to prove otherwise.  With a fiancee/spouse in the US, it gets rather difficult.

However, if your fiance brings proof that he will absolutely be returning to the UK on a specified date then he should have less difficulty, but there are no guarantees (I've known several SOs, boyfriends, girlfriends, fiance(e)s and spouses of USCs who have been denied entry, despite proof of return to home country).   

Approved proof would be a letter from his employer stating that he is expected to return to his job on a specified date.
Copy of a rental/lease agreement to his residence, or copy of ownership of his residence (depending on circumstance)
Copy of proof of application, or proof of intent, for You to immigrate to the UK upon your marriage

I think on the USCIS website there is a list of approved documentation of proof of ties to home country.  A K1 is not needed in this instance, and your fiance does not intend to remain in the US.  However, not all border guards even know this! which can result in him being denied entry.

Anything that shows he is bound to the UK and must return is recommended.  This isn't always necessary, but isn't always considered "absolute proof" either.

I'm a Canadian married to an American and just recently completed the whole green card process.  I also know several UK citizens married to US citizens who are currently going thru this process, or have completed the process.  In some cases, in either and both directions!

My husband and I are now considering emmigrating to the UK. 

My point is while he has every right to come the US to get married under the visa waiver program, if you are at all worried that he might get rejected, the best thing to do is to get it cleared up BEFORE he comes over, because once he gets denied, the road only becomes tougher.

If you are going to apply for a visa beforehand, the K-1 is the correct one to apply for.

Remember the US views the visa waiver program as a convenience for visitors and is not by any means a right, which is what my partner was reminded multiple times when he was denied entry and sent back on a plane to London.  All that paperwork might only make the immigration officer more suspect that something strange is going on.  The VWP is really nothing more then a roll of the dice and if they questioned him the previous time about his return plans, be certain they are going to give that a lot closer look this time.