# K1 visa - will these factors work against us?



## creativeheart (Dec 12, 2015)

I have had a look at the other K1 visa threads, but most of these are outdated and the circumstances a little different to ours. If anyone has an insight into this, I’d be really grateful if it could be shared. Will keep this simple but thorough so as not to waste anyone’s time. At the time of writing it is December 2015. 

•	I am a UKC (F) and want to marry my USC fiancé (M) and live in the US (in CA). 
•	We have been dating for over a year and speak every day, chat and email etc constantly. Crazily in love. Spent 6 months together in states and he has visited numerous times in UK/EU. 
•	We desperately want to be together and I have no work commitments due to having wealth independently and my life is in effect completely on hold until the day I can be by his side in the states. My wealth however is under the threshold for investor visas. 
•	He has savings and a well-paid job with summers off, so we plan to tour Europe for 2 months in 2016. 
•	He is waiting for his divorce to be finalised. (Yes, we began dating while he was still married.) This will go through in May 2016. 


We have just found out that the whole K1 visa process can take – well it differs depending on where you look, but 6-8 months, or 6-12 months, or around 9 months, whatever. This is to us an absolutely inconceivable wait, because we were thinking that after his divorce we would be able to be married and living together in the states by August 2016! 

So the purpose of my question was gauge how likely it is that we will be granted a K1 visa, and the timescale. Every day we are apart hurts like hell even with regular visits. I will be very honest what the factors might work against us are. 

- I have had a B2 US tourist visa cut short for no satisfactory reason in July 2015 
- I had TB in 2011 and have an ongoing lung condition
- I would have recently changed my first name due to hating my birth name
- I have dual citizenship of an African country
- I am non-white, possibly Muslim in appearance
-	My fiancé has previously been declared bankrupt about 3 years ago


So there you have it. Is it likely that we will succeed in our application, and due to our unique circumstances will it take longer? We are willing to pay whatever it takes to have our application fast tracked if that is an option - is it? And the big question – how long is it likely to take from the time of filing, which will be May 2016 at the earliest? 

Another separate question is … During the time it takes for the K1 application to get processed by the US consulate in London, am I free to travel to the US for chunks of up to 90 days under ESTA? This would be in Oct/Nov/Dec 2016. I’ll give my postal address as my friend near London who can open all of my mail and scan it to me if I need to come back to the UK for anything like an interview/medical appointment in UK. 

Thanks very much! 
creativeheart 
:fingerscrossed:


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## BBCWatcher (Dec 28, 2012)

creativeheart said:


> I have had a look at the other K1 visa threads, but most of these are outdated....


Past dated, not outdated. The information in recent threads at least is still largely accurate. U.S. K-1, CR-1, and IR-1 visa policies have not changed since 2013, and then only to recognize same sex relationships. The other notable change in recent years is that USCIS closed most of its field offices overseas, so Direct Consular Filing is much less available. (But DCF does not apply to your situation anyway.)



> - I have had a B2 US tourist visa cut short for no satisfactory reason in July 2015
> - I had TB in 2011 and have an ongoing lung condition


Might matter.



> - I would have recently changed my first name due to hating my birth name
> - I have dual citizenship of an African country
> - I am non-white, possibly Muslim in appearance


Shouldn't matter. (And what does someone who practices a particular religious faith look like? Do thought patterns alter physical appearances? Who knew!)



> -	My fiancé has previously been declared bankrupt about 3 years ago


Probably won't matter.



> We are willing to pay whatever it takes to have our application fast tracked if that is an option - is it?


No.



> And the big question – how long is it likely to take from the time of filing, which will be May 2016 at the earliest?


USCIS is running about 5 months on their part of the K-1 (or IR-1, or CR-1) process, then the State Department takes over. End of 2016 would be as fast as you'd dare hope, I'd say. That's assuming there's no slowdown in the process due to recent and possible future world events.



> Another separate question is … During the time it takes for the K1 application to get processed by the US consulate in London, am I free to travel to the US for chunks of up to 90 days under ESTA?


First of all, your fiancé has to file a petition with USCIS in the U.S. The consulate in London doesn't have anything to do with the file until it lands at the National Visa Center, after USCIS has its look.

You mentioned that you had a B-2 "cut short." That implies you're ineligible for ESTA visa waiver privileges. You'll have to clarify that part.

There is one solution I can think of if you want to live together just as soon as your fiancé can legally marry. Here it is:

1. Get married (in Denmark, for example) when neither one of you has any impediment to marriage (in May, 2016, apparently).
2. Get a job in another European Union or European Economic Area country (in Ireland, for example) to demonstrate adequate income for treaty purposes at least.
3. Live together in that EU country, with both of you following normal registration processes within 90 days of arrival.
4. Optionally, while living together in that EU/EEA country that isn't the United Kingdom, your husband can petition USCIS to sponsor you for a CR-1 visa.


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## creativeheart (Dec 12, 2015)

BBCWatcher said:


> Past dated, not outdated. The information in recent threads at least is still largely accurate. U.S. K-1, CR-1, and IR-1 visa policies have not changed since 2013, and then only to recognize same sex relationships. The other notable change in recent years is that USCIS closed most of its field offices overseas, so Direct Consular Filing is much less available. (But DCF does not apply to your situation anyway.)
> 
> 
> [...... <<snip>>........]
> ...




5 months actually sounds better than I had uncovered in my research - quite heartening in fact. Thank you. 

You wanted clarification on my B2 visa being cut short. After a trip from San Francisco to Mexico, then Mexico to LAX, on returning to LAX on 15 July 2015 I was seized, held and interrogated for 4 hours, bodily searched with my phone looked through and all possessions taken away, and then asked to leave the US within 1 month with no reason given. A flight back to Heathrow was booked for the following day, too. When I asked what the reasons were, the CBP had no clue so went to another room, then came back saying it’s because 1) I have a boyfriend 2) I don’t have a job and 3) I can’t prove my savings in the bank. They also insinuated I was a prostitute. My B2 visa still had 3 months' validity at the time of reentering the US at LAX, and I hadn't breached any terms by travelling to Mexico. It was not possible to appeal it so I obviously left within the month so as not to jeopardize my chance of returning. No, this is not connected to my permission to return under the ESTA, to which any eligible VWP country’s citizens are entitled. 

I appreciate your lateral thinking but my boyfriend already has a well paid and specialised job in a field that doesn’t really exist in EU. He is not looking to give up that job, and cannot take an extended leave period such as 90 days.


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## mamasue (Oct 7, 2008)

Maybe I'm missing something here....
If you're living in a VWP country. why would you have applied for a B2?

If your B2 was revoked, you may not be eligible for a VWP. You'll only know by applying for an ESTA.

I don't think anybody's been turned away for being non-white or possibly Muslim in appearance (what does a muslim look like!!??)

My guess... and it's only a guess...is that they thought you were planning to stay in the US permanently.
I had to jump through hoops the first time I came to the US with my USC husband. (we'd only been married 3 weeks!!) I was also taken into secondary and question... and was only allowed in when I was dragged off to the Delta desk, by the border guard, and made to buy a return ticket to fly home within 90 days.

That was 10 years ago....now I'm a USC, living happily with my husband in Georgia.

BTW, as BBC says, we got married in Copenhagen, Denmark... it was a lovely ceremony in the City Hall.


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## Bevdeforges (Nov 16, 2007)

Let me throw one little spanner in the works, here. 

With this latest incident in San Bernadino, there has been pretty constant reminders in the press that the wife came to the US on a fiancé visa. So, in a tightly fought primary (and ultimately election) campaign, there is plenty of talk about "tightening up" the fiancé visa process. It may come to nothing, or it may result in changes (meaningful or not) to the vetting process for those applying for fiancé visas.

When you're young and in love, having to wait 5 or 6 months (or even as long as a year) may seem unbearable. But with any kind of luck, you're going to be married a long, long time. Probably better to put the long-term separation up front to get it out of the way, taking full advantage of cheap international phone rates, free things like Skype or other VOIP, and whatever else is available through the magic of technology. The first few months of married life, particularly in a new and strange country, are stressful enough without having Immigration problems hanging over your head. (Trust me on this one - been there, done that. It is not pretty nor much fun either.)

The one thing you may have problems with would be "visiting" in the US - particularly on a VWP (if you can get that, given your B2 visa problem). Unless you can show compelling reasons to return to the UK, you're going to get hassled on every entry, given that you have a "boyfriend" in the US and particularly if you have to give a "friend's" address back in the UK as a mail drop. 

As the old joke goes, "hope for the best, but expect the worst." 
Cheers,
Bev


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## Crawford (Jan 23, 2011)

Fiance visa is taking anything from 8 to 12 months to process currently.


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## creativeheart (Dec 12, 2015)

mamasue said:


> Maybe I'm missing something here....
> If you're living in a VWP country. why would you have applied for a B2?
> 
> If your B2 was revoked, you may not be eligible for a VWP. You'll only know by applying for an ESTA.
> ...



Thanks for your input Mamasue. I really appreciate everyone being so helpful. It really is a minefield when you've no experience and no-one you can ask in 'real life'. 

Just to clear up the points you asked about: - 

1) I had a B2 because 90 days wasn't enough time with my boyfriend! I aimed to spend 6 months there in the summer/fall but this became just 3 months due to...
2) Correct, the B2 was revoked at the point of re-entry to the states in July 2015. 
3) I already hold an ESTA as these are valid for 2 years. Just to be on the safe side, and as it costs virtually nothing, I reapplied just a couple of weeks ago, and got this through too. 
4) Muslim appearance means, fairly obviously, someone brown-skinned with ethnicity from a country where Islam is a dominant religion. 
5) You would be foolish to imagine that skin colour and perceptions of culture, race, religion don't matter. Each and every application is *always* down to the discretion of border staff, regardless of what paperwork is held. 

Sorry to hear about your experience of being sent home when you'd only been there for 3 weeks. Did you do something amiss, or make an oversight? How long did it take until you could re-enter the states and how was it during that time? 

Is there any real benefit in terms of an expedited time process involved in marrying before the petition is made? (ie filing for an immigrant CR1 spouse visa as opposed to a non-immigrant K1 fiance visa? I've read the spouse visa takes longer, precisely because it is an "immigration" visa). 

Thanks again, 
creativeheart.


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## creativeheart (Dec 12, 2015)

Crawford said:


> Fiance visa is taking anything from 8 to 12 months to process currently.


Oh God... Thanks Crawford. That's making me feel sick.


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## creativeheart (Dec 12, 2015)

Bevdeforges said:


> Let me throw one little spanner in the works, here.
> 
> With this latest incident in San Bernadino, there has been pretty constant reminders in the press that the wife came to the US on a fiancé visa. So, in a tightly fought primary (and ultimately election) campaign, there is plenty of talk about "tightening up" the fiancé visa process. It may come to nothing, or it may result in changes (meaningful or not) to the vetting process for those applying for fiancé visas.
> 
> ...



Thank you for your positive attitude here, Bev, when I need it most!! 

Yes, I will use my old family friend's address as permanent residence, actually, whereas in fact I don't have much of a permanent residence because I have no technical home here. I'm currently staying in Oxford but it's temporary until I can go to the US! I have no ties here, no family I keep in touch with, no friends I still know, no job, no permanent place just a month-by-month rental, but i'll soon put my bank admin and driving licence into my friend's address and make it look like that's where I've been residing for at least a few months. 

However it's definitely worth thinking about: am I going to have issues at the border, as I don't seem to have a compelling enough reason to return to the UK after a short (88 day) visit - even though the most compelling reason of all has nothing to do with having some house or some job, it's not wanting to jeopardize my application to live permanently in the states! Duh! 

You are right about 2 things - it's certainly easier than ever to keep in touch and for free with technology. Secondly, yes it's best to deal with awkward immigration issues before we begin our married life together. We can comfort ourselves with that. 


creativeheart


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## Davis1 (Feb 20, 2009)

If your B-2 was revoked...you cannot get an ESTA ..... did you omit that on the application 
THATS SERIOUS IMMIGRATION FRAUD 

was your passport stamped with a code number

until he is actually divorced you cannot start an once visa application 
ifyou marry elsewhere then you need a spousal visa ... that can take longer


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## creativeheart (Dec 12, 2015)

Davis1 said:


> If your B-2 was revoked...you cannot get an ESTA ..... did you omit that on the application
> THATS SERIOUS IMMIGRATION FRAUD
> 
> was your passport stamped with a code number
> ...




I can't recall seeing anywhere on the ESTA form a place for me to say that my previous B2 visa had been 'revoked' - not sure if that is the correct term. My visa was simply stamped on reentry with a date sooner than the original date that was stamped on my passport at the time of entering the country. There was no other paperwork I was issued with, and I was assured that I'd have no problem reentering the country legally as long as I made my exit within the one month timescale, thanks. 

I understand about the laws of being free to marry at the time the application is made, (in May 2016) so no worries there. And yes, after some research I appreciate spousal visa takes longer than fiance visa.


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## Davis1 (Feb 20, 2009)

as you have made a claim to wealth .. it may pay you to go see an aila lawyer to discuss the situation...there are a few in London ...some of you story does not add up to me ...


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## creativeheart (Dec 12, 2015)

Davis1 said:


> as you have made a claim to wealth .. it may pay you to go see an aila lawyer to discuss the situation...there are a few in London ...some of you story does not add up to me ...


If you are asking for more information, was is it that doesn't make sense? If you're not, then fair enough and thanks for your input.


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## Crawford (Jan 23, 2011)

creativeheart said:


> And yes, after some research I appreciate spousal visa takes longer than fiance visa.


Don't know why you think this .... if you intend to move directly to the US (not taking the european route as previously suggested) you either wait outside of the US for the spouse visa as a wife (having married somewhere) or wait outside of the US as a fiance.

Both are taking longer than they were a few years ago. Now both are around 8 to 12 months.


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## creativeheart (Dec 12, 2015)

Crawford said:


> Don't know why you think this .... if you intend to move directly to the US (not taking the european route as previously suggested) you either wait outside of the US for the spouse visa as a wife (having married somewhere) or wait outside of the US as a fiance.
> 
> Both are taking longer than they were a few years ago. Now both are around 8 to 12 months.


Hi again, Crawford, thanks for your continued input, I appreciate it. 

Well, the reason why I think that is quite simple - research! This is from the up-to-date website of an experienced immigration lawyer and is just an example. His website is called 'Law and Border'. If I were to list all my sources, it would not be productive. 

"3. Timing for Admission to the U.S.: The K-1 visa is usually the fastest (currently 5-10 months counting from the date of filing to the date of admission), and the immigrant visa usually slower (10-16 months), with the K-3 somewhere in between. "

I can also understand this difference logically too, as a CR1 spouse visa is classed as an "immigrant" visa, whereas a K1 fiance visa is a "non-immigrant" visa.


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## twostep (Apr 3, 2008)

B2 was revoked which also voided your ESTA. US immigration is what it is. K1 and CR1 seem to run around 12 months right now with everything in perfect order.

My personal opinion - something does not jive. There is more to the story.

Until the US partner is legally divorced everything is in the air.


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## Bellthorpe (Jun 23, 2013)

I didn't read that the B2 visa was revoked - rather that the period was changed. Surely if it was revoked the OP would have been 'asked' to leave the country immediately?

If a current ESTA was voided, the OP should have been advised. I had an email titled "ESTA Status Change" earlier this year. It said "There has been an update to your ESTA Travel Authorization Status submitted on May 6, 2014. Please visit https://esta.cbp.dhs.gov/esta to check your application". My ESTA had been cancelled.

As I read it the ESTA was applied for later. That being the case, if there were a problem the ESTA would have been denied.


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## EVHB (Feb 11, 2008)

Your ESTA stays valid for 2 years, if nothing changes. But on the question if you ever were refused entrance/had a visa revoked, you will have to answer 'yes' if you don't want to commit fraud. And a 'yes' answer will not lead to an approved/valid ESTA status.


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## Bellthorpe (Jun 23, 2013)

This is the question: "7) Have you ever been denied a U.S. visa you applied for with your current or previous passport, or have you ever been refused admission to the United States or withdrawn your application for admission at a U.S. port of entry?"

If you answer 'yes' you will be presented with:

"Are you sure you wish to answer yes to this question? DHS recommends that you review the "Help" section of this site before proceeding with your application."


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## BBCWatcher (Dec 28, 2012)

Creativeheart, it seems you have to answer ESTA question 7 with "Yes" since you were refused admission to the U.S. If you answered Yes and received a new ESTA anyway, great, though as always be aware you can still be denied entry at the border or be granted less than 90 days of stay permission. If you answered No then that's probably visa fraud, and that's at least unhelpful, especially if you were to attempt to enter the U.S. on a visa waiver obtained fraudulently.

I was quite careful to describe the current 5 month processing time as the part that USCIS handles. The part of the process that comes after is quite variable. I'm reluctant to quote any particular time for that second part since it heavily depends on how quickly the applicant and petitioner can handle various tasks. But "months" is typical.

If you and your fiancé are relatively flush with wealth then the EU option I spelled out works in any part of the EU not the United Kingdom, including the French overseas departments in the Caribbean that are part of the EU and geographically close to the continental United States. I realize your fiancé may not want to move, but at the same time you aren't able to immigrate soon and perhaps not at all depending in large part on how bad that B-2 dustup was/is. In other words, it might be the best option available. The EU option does not require either one of you to obtain a visa assuming your husband still has visa waiver privileges for ordinary tourist visits to Europe.

I could be mistaken, but it sounds like what you did on your last visit was to dash across the Canadian and/or Mexican border to attempt to extend your already generous B-2 stay permission, then dash back -- a "visa run." U.S. CBP is wise to that stunt and shuts it down quickly when they see it. Regardless, CBP has at least grown less fond of you. I'm inclined to agree with Bev that you've used up whatever goodwill you had, so I would recommend (as Bev did) that you stay out of the U.S. until you have an approved K-1 visa in hand (or CR-1 if you marry and live in the EU first).


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## creativeheart (Dec 12, 2015)

Bellthorpe said:


> I didn't read that the B2 visa was revoked - rather that the period was changed. Surely if it was revoked the OP would have been 'asked' to leave the country immediately?
> 
> If a current ESTA was voided, the OP should have been advised. I had an email titled "ESTA Status Change" earlier this year. It said "There has been an update to your ESTA Travel Authorization Status submitted on May 6, 2014. Please visit https://esta.cbp.dhs.gov/esta to check your application". My ESTA had been cancelled.
> 
> As I read it the ESTA was applied for later. That being the case, if there were a problem the ESTA would have been denied.


Thanks to everyone for their input - I realise our case is somewhat unusual, so I especially appreciate that you are all helping me and my partner, and this may not be so useful to the average Joe or Joanne, with perfect everything! 

This poster, Bellthorpe, is the only one that seems to have grasped the situation concerning my B2 tourist visa. No, I wasn't leaving the states to extend the visa illegally. Why would I? I still had 3 months remaining on it, and Mexico (and Canada) is permissable to visit as many as times as the B2 visa-holder pleases, as per its specific rules. 

No, I wasn't refused permission to enter the US when I reentered at the port of LAX. I was free to remain until one month after the date of reentry. 

No, I haven't had the status of my original ESTA changed. 

I was also assured by a CBP official that I would have no particular problem (no more than any other UK citizen) reentering the US again whether under ESTA or any other visa I may apply for during the course of my life. 

Thanks again everyone for giving your time to help us.


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## creativeheart (Dec 12, 2015)

BBCWatcher said:


> Creativeheart, it seems you have to answer ESTA question 7 with "Yes" since you were refused admission to the U.S. If you answered Yes and received a new ESTA anyway, great, though as always be aware you can still be denied entry at the border or be granted less than 90 days of stay permission. If you answered No then that's probably visa fraud, and that's at least unhelpful, especially if you were to attempt to enter the U.S. on a visa waiver obtained fraudulently.
> 
> I was quite careful to describe the current 5 month processing time as the part that USCIS handles. The part of the process that comes after is quite variable. I'm reluctant to quote any particular time for that second part since it heavily depends on how quickly the applicant and petitioner can handle various tasks. But "months" is typical.
> 
> ...



I am reluctantly inclined to agree with BBCWatcher and Mamasue that, to the CBP officials I have "used up any goodwill" as you so succinctly put it. I really see what you're saying. It may well be that while the K1 is processing I would do very well to stay out of the US so it doesn't jeopardize the application and put us back to square one, or elicit a flat-out denial in which case me and my partner will have to settle in an EU country and begin a different process for him becoming a lawful resident there. 

Thanks again, BBCWatcher! Your input is really valued.


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## mamasue (Oct 7, 2008)

creativeheart said:


> Sorry to hear about your experience of being sent home when you'd only been there for 3 weeks. Did you do something amiss, or make an oversight? How long did it take until you could re-enter the states and how was it during that time?
> 
> 
> Thanks again,
> creativeheart.



I wasn't sent away after 3 weeks....We'd got married 3 weeks before we arrived in the US.
The border guard thought I'd overstay as I didn't have a return ticket yet.... mainly because we didn't know how long we wanted to be there... and we were looking around, to see where in the US we eventually wanted to move to. (My husband's originally from the midwest, but we were looking for somewhere warmer to live.)
We left within the 90 days limit...went back to the UK, and came back to live in Georgia, soon after.


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## BBCWatcher (Dec 28, 2012)

creativeheart said:


> This poster, Bellthorpe, is the only one that seems to have grasped the situation concerning my B2 tourist visa. No, I wasn't leaving the states to extend the visa illegally.


Understood, but all that's really relevant is what CBP suspected (or not).



> I still had 3 months remaining on it, and Mexico (and Canada) is permissable to visit as many as times as the B2 visa-holder pleases, as per its specific rules.


OK, now I understand what probably happened.

Those side trips outside the United States but still in North America do not (and did not) restart your U.S. B-2 visa clock. You had already stayed 90+ days, the normal limit for ESTA visa waiver privileges. The longer B-2 stay is already a special privilege and only selectively granted at the border. (By the way, it was already risky to apply for a B-2 when you have ESTA visa waiver privileges. If the B-2 were denied then your ESTA privileges would have ended, too. But fortunately that didn't happen.) When you came back into the U.S., alarm bells rang (metaphorically or literally), and CBP decided to grant you only one more month since that (I assume) corresponded approximately to the total stay limit CBP initially granted at your first entry. CBP did not want to grant you a brand new clock since you weren't entitled to it. If you were elsewhere in North America for about 90 days then came back into the U.S., CBP was _really_ quite kind in granting you one more month (about 7 months total).

Said another way, from the U.S. point of view (at least) North America has a single U.S. visa clock. So CBP apparently pulled you aside, reminded you of that fact, and stamped your passport with (more or less) the remaining time CBP felt comfortable granting based on that same visa clock starting from the first entry date.



> No, I wasn't refused permission to enter the US when I reentered at the port of LAX. I was free to remain until one month after the date of reentry. No, I haven't had the status of my original ESTA changed.


That's all good.



> I was also assured by a CBP official that I would have no particular problem (no more than any other UK citizen) reentering the US again whether under ESTA or any other visa I may apply for during the course of my life.


Said another way, you didn't break any rules, but entry is always discretionary for foreigners.

I still think it's prudent not to try to exhaust any remaining goodwill while you're trying to immigrate to the United States for (one hopes) a lifetime of wedded bliss. It's just too important. Maybe meet up in Canada for a couple brief, separated visits while you're waiting on the K-1 to come through?


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## creativeheart (Dec 12, 2015)

BBCWatcher said:


> Understood, but all that's really relevant is what CBP suspected (or not).
> 
> 
> OK, now I understand what probably happened.
> ...



BBCWatcher, I think you have a thorough understanding of the situation regarding the B2 visa, now. Thanks for taking the time to read and understand. 

I see that what is "perceived" or "suspected" is of course not what was intended by myself, which is alas how we must think of ourselves. If you will indulge me a little here - as we are veering off topic of the thread a little - 

The conditions of the B2 visa, as set out by the US CBP help section of the website, state: 

"During your visit to the U.S., you may visit Canada or Mexico for up to 30 days and re-enter the U.S. as long as you re-enter within the period noted on the Form I-94 which you received when you first entered.

For instance, if you come to the U.S. on July 10 on a B2 Visitor Visa, you may go to Canada and/or Mexico (provided you have the proper documentation to enter those countries) on or after December 10, and reenter the U.S. any time up until January 10. But because the six month period is up on January 10, you will also have to depart from the U.S. on that same day to avoid being an "overstay" (unless you applied for an extension of stay)." 

In the example given on their website above, it is clearly and rightly targeting those that dash across the border with the hope of getting a brand new clock ticking. 

However, this was vehemently not the case for me. Let me put it more clearly: 

January 20 2015: Application for B2 tourist (pleasure/travel) visa is successful. (Made at US embassy, London)
May 15 2015: Travel to US (SFO) Clock starts ticking for 6-month on B2 visa. 
July 10 2015: Travel to Mexico for a pleasure trip 
July 16 2015: Reenter the US (LAX). Have my valid B2 visa stamped with a new date, one month away, even though am permitted to travel to Mexico. 
August 16 2015: The latest date I could leave the US according to the new visa date stamp in my passport. The original end-date of the visa (Nov 15 2015) is no longer valid. 


So, there was no "7 month stay" there was a 3 month stay - which coincidentally works out as approximately what I could have got with an ESTA, though the whole point of obtaining the B2 and not just my ESTA was because I intended to stay for 6 months, which in itself was legal and proper. 

I realise I am probably wasting my breath, because whatever hoops they make you jump through, and whatever terms and rules they put on their website, _they_ are entitled to renege on any whenever they see fit, without reason, logic or explanation. 

You are right that it's not worth messing around while the K1 is processing - a rejected application would mean we have to spend the rest of our lives living in an EU country which would not be preferable. 

Thanks again for your time and input.


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## BBCWatcher (Dec 28, 2012)

I was already aware that the dates might be similar to what you posted. I was being...kind. 

There's generally no more paper I-94 form, so that information you found is a bit dated or perhaps incomplete.



creativeheart said:


> I realise I am probably wasting my breath, because whatever hoops they make you jump through, and whatever terms and rules they put on their website, _they_ are entitled to renege on any whenever they see fit, without reason, logic or explanation.


CBP has discretion to grant you anything from 0 up to 6 months of total stay in North America if you're holding a B-2. Discretion to grant up to 6 months doesn't equal 6 months. There's nothing to renege on because nothing is promised. And it also doesn't mean if you get a 6 month stamp once you'll get another 6 month stamp -- or even the remainder of that original 6 months -- when you reenter.

The U.S. is not unusual here. Foreigners are always guests, admitted (or not) at the discretion of immigration authorities. Even if granted, any stay permission can be revoked or amended any time they wish. It's just how it goes. Their house, their whims.


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