# UK bf denied entry to US/K-1 problems?



## 1469753 (May 7, 2017)

Hi all!

I love these forums, they have been an immense source of information for myself and my partner for the last 2 years but this is my first time posting. I'm hoping you guys might be able to help or offer and advice on our situation.

My bf and I met online in August of 2015. He came from the UK to visit me in October 2015 for a week and it was love at first sight. I then went to the UK later that month and stayed until February 2016. During my time in the UK we successfully applied and received a B/1 visitor visa which is what he used to come back with me in February for 6 months.

We applied for and were granted an extension of 5 months (January 1, 017). Unfortunately he got sick and then tried to move his ticket unsuccessfully on his current flight. All the seats were booked, etc and the first real flight he could take was on January 9, 2017.

Fast forward to this week on May 4, 2017 when he attempted to come visit me again for 2 weeks with a return ticket.

He was detained, his passport was taken and I was not allowed to see him. From 6pm to midnight he was kept (after they told me he was being found inadmissible for the 8 day overstay) and moved to a detention center. He was handcuffed, strip searched twice, kept in a cell, etc etc VERY traumatic experience! 

I immediately caught the flight he was on to return with him to the UK for moral support. Regardless of all of this, he was planning to propose on this trip (though he had all intentions of going back to the UK and he did not have a ring nor make this known to the CBP). They said he was not banned but he can no longer visit the US without a proper visa.

Now, we'd like to try and start the process to apply for a fiance visa for him to come to the US and be with me.

My main question is, *will this be possible?* With his overstay of 8 measly days and a revocation of his visa and ineligibility to use the Visa Waiver Program, *will we still be able to apply for a fiance visa*? As far as we were told he isn't banned for any amount of time but I do know this sort of thing has an affect on future visas, etc.

Any assistance, ideas, experience, support, or useful information would be greatly appreciated.

Thanks everyone!


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## twostep (Apr 3, 2008)

Every story has three sides, does it not.

You can apply for K1, will need a waiver approved for the overstay.


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## Crawford (Jan 23, 2011)

Yes, of course you can apply for a fiance visa.

How old is your boyfriend?


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## Bevdeforges (Nov 16, 2007)

> My main question is, will this be possible? With his overstay of 8 measly days and a revocation of his visa and ineligibility to use the Visa Waiver Program, will we still be able to apply for a fiance visa? As far as we were told he isn't banned for any amount of time but I do know this sort of thing has an affect on future visas, etc.


The fact of the matter is that immigration controls appear to be being more strictly enforced over the last few months, and probably will continue to be tightening up for the foreseeable future. No one can guarantee the results of any application - but you can certainly apply for a fiancé visa (though as twostep suggests, getting a formal waiver for the overstay would be an excellent idea).

There are lots of variables in these sorts of situations - even down to the ethnic background of your fiancé, even if he has UK nationality. You may even want to consider maybe settling in the UK rather than in the US - though that, too, depends on the variables of the situation, most particularly who is better able to support/sponsor the other in their country. 

Anyhow, congratulations on the engagement. Now comes the nitty gritty planning part of starting your lives together. Keep us posted.
Cheers,
Bev


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## twostep (Apr 3, 2008)

Bevdeforges said:


> The fact of the matter is that immigration controls appear to be being more strictly enforced over the last few months, and probably will continue to be tightening up for the foreseeable future. No one can guarantee the results of any application - but you can certainly apply for a fiancé visa (though as twostep suggests, getting a formal waiver for the overstay would be an excellent idea).
> 
> There are lots of variables in these sorts of situations - even down to the ethnic background of your fiancé, even if he has UK nationality. You may even want to consider maybe settling in the UK rather than in the US - though that, too, depends on the variables of the situation, most particularly who is better able to support/sponsor the other in their country.
> 
> ...


Ethnic background has an impact on K1?


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## Bellthorpe (Jun 23, 2013)

I'm sorry about your boyfriend's detention, it's no doubt a great shock. And now it will be harder to get a visa.

It could have been worse. This unfortunate Australian schnook, Baxter Reid, has been in gaol for a week after over-staying his US visa by one hour!


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## Bevdeforges (Nov 16, 2007)

twostep said:


> Ethnic background has an impact on K1?


It most possibly could have an impact. These days it's really difficult to tell for sure. But basically, there are very few countries where a local national has an indisputable "right" to a long-stay visa for their foreign spouse.
Cheers,
Bev


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## 1469753 (May 7, 2017)

twostep said:


> Every story has three sides, does it not.
> 
> You can apply for K1, will need a waiver approved for the overstay.


From what I've read about the waivers, it's very hard to get as him not entering does not put me in any extreme hardship. Is there another waiver you're referring to?


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## 1469753 (May 7, 2017)

Bellthorpe said:


> I'm sorry about your boyfriend's detention, it's no doubt a great shock. And now it will be harder to get a visa.


It could have been worse. This unfortunate Australian schnook [link]


This almost identical to what happened to him. It's a bit unnerving that all of that treatment is legal with new laws


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## 1469753 (May 7, 2017)

Crawford said:


> Yes, of course you can apply for a fiance visa.
> 
> How old is your boyfriend?


He's 26 and I'm 33 and an American citizen


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## Bellthorpe (Jun 23, 2013)

Girljinxed18 said:


> It's a bit unnerving that all of that treatment is legal with new laws.


Actually there are no new laws in this area. 

What happened in both cases was as legal a year ago as it is today.


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## Crawford (Jan 23, 2011)

Girljinxed18 said:


> He's 26 and I'm 33 and an American citizen


Very unusual for a British citizen aged 26 to get a B/1 tourist visa, since Brits are eligible for the Visa Waiver program; and even more unusual for the visa to be extended, allowing the applicant to remain for a year as a tourist in the US.

(I would actually say an almost unheard of situation).


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## 1469753 (May 7, 2017)

Crawford said:


> Very unusual for a British citizen aged 26 to get a B/1 tourist visa, since Brits are eligible for the Visa Waiver program; and even more unusual for the visa to be extended, allowing the applicant to remain for a year as a tourist in the US.
> 
> (I would actually say an almost unheard of situation).


Well he could only stay for 90 days so we got the B/1 tourist visa so he could stay for 6 months or more---and we did get an extension. It's a pretty common visa to get for foreigners.


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## Crawford (Jan 23, 2011)

Girljinxed18 said:


> Well he could only stay for 90 days so we got the B/1 tourist visa so he could stay for 6 months or more---and we did get an extension. It's a pretty common visa to get for foreigners.


Not for those who are eligible for the Visa Waiver Program - which Brits are; and certainly not for young persons who a) might work illegally and b) overstay. Very few people could spend 6 to 12 months in the US on vacation.

One must ask, if he was given this extention up to one year, how he supported himself in the US for that length of time.


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## Bevdeforges (Nov 16, 2007)

The B1 visa is also kind of an odd one. Although the visa itself is valid for a couple of years, say, it still only covers stays of up to 6 months at a time, and only 6 months in a 12 month period. (I know folks who have run afoul of this in other circumstances.)

It's possible that you may have extended the validity period of the visa itself without having effectively obtained a waiver for the overstay (i.e. the fact that he stayed past the six months period allowed). 
Cheers,
Bev


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## 1469753 (May 7, 2017)

Bevdeforges said:


> The B1 visa is also kind of an odd one. Although the visa itself is valid for a couple of years, say, it still only covers stays of up to 6 months at a time, and only 6 months in a 12 month period. (I know folks who have run afoul of this in other circumstances.)
> 
> It's possible that you may have extended the validity period of the visa itself without having effectively obtained a waiver for the overstay (i.e. the fact that he stayed past the six months period allowed).
> Cheers,
> Bev


I'm sorry if there's any confusion but the visitor visa is for any one regardless of age, money, etc. It's for any tourist who wants to stay longer than 90 days which could be for several reasons. I've seen a lot of grandmas use this to visit their newly born grandchildren and students traveling the USA. So it's really available for all.

They didn't even ask to see how he would support himself really. He had savings ready to show but they didn't really care. We are both fortunate enough to come from well off families and I had a good job at the time.

He came over for the 6 months, then we applied for and received another 5 months. We traveled, etc. He got sick close to his leave and all tickets on his flight and the ones 4 days were booked (probably because of the new year) and he left 8 days after the second extension was over.

I wasn't really asking for an analysis of why he overstayed or how he got the visitor visa. I'm trying to find out if this may heavily affect our ability to apply for a finance visa before we spend the time money and effort. We will be speaking with a lawyer but I just thought I'd ask you guys first.

Thanks


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## Bevdeforges (Nov 16, 2007)

OK, these days it is really hard to tell exactly how something like this may affect a subsequent visa application. It might be best to at least consider planning on settling in the UK rather than in the US - at least for the first few years. 

You can always go ahead and apply for the fiancé visa and see how you do. If refused, probably best to have a Plan B. (And very often, having a Plan B will be the "charm" that makes your first approach go through.)
Cheers,
Bev


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## 1469753 (May 7, 2017)

Bevdeforges said:


> OK, these days it is really hard to tell exactly how something like this may affect a subsequent visa application. It might be best to at least consider planning on settling in the UK rather than in the US - at least for the first few years.
> 
> You can always go ahead and apply for the fiancé visa and see how you do. If refused, probably best to have a Plan B. (And very often, having a Plan B will be the "charm" that makes your first approach go through.)
> Cheers,
> Bev


Thanks, we're speaking with a lawyer today as me relocating to the UK is not an option at the moment. 

I'll keep you all updated


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## Crawford (Jan 23, 2011)

Girljinxed18 said:


> I'm sorry if there's any confusion but the visitor visa is for any one regardless of age, money, etc. It's for any tourist who wants to stay longer than 90 days which could be for several reasons. I've seen a lot of grandmas use this to visit their newly born grandchildren and students traveling the USA. So it's really available for all.
> 
> 
> 
> Thanks



Not to flog a dead horse here, the visitor visa to the US is not for any one regardless of age or money. Those who are not on the VWP program definitely have to apply for it and both age and money are _always_ taken into consideration.

Nationalities on the VWP program are considered to have been given a privilege by not having to apply for a visa; and up to 90 days regarded as ample time to travel around the US on vacation. Plenty of examples on forums of young Brits being refused B1/B2 visas.

Grannies are almost always granted these visas as they are not a risk of working illegally or overstaying. Students in the US if here for more than 90 days are on student or other visas not B/1's.

While, if, what happened to your boyfriend was rather harsh, I could see why the official did not allow him entry. He had just spent a year in the US and was returning again after just 4 months.

Your boyfriend could certainly not claim that he had strong ties to the UK and was not an overstay risk.

However, just being denied entry to the US should not mean that a fiance visa would be denied.


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## Bellthorpe (Jun 23, 2013)

Crawford, might I respectfully suggest that you give it a rest? I used to have a B1, even though entitled to a visa waiver. At interview the officer said that I was eligible for the visa waiver programme, and I said 'yeah, I know, but I would prefer a visa with the possibility of longer stay'. He said OK and gave me one.


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## Crawford (Jan 23, 2011)

Bellthorpe said:


> Crawford, might I respectfully suggest that you give it a rest? I used to have a B1, even though entitled to a visa waiver. At interview the officer said that I was eligible for the visa waiver programme, and I said 'yeah, I know, but I would prefer a visa with the possibility of longer stay'. He said OK and gave me one.


Why did you request a B/1? and when was this? Were you a 26 year old, with no strong ties to your home country and a girlfriend in the States?


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## 1469753 (May 7, 2017)

Crawford said:


> Bellthorpe said:
> 
> 
> > Crawford, might I respectfully suggest that you give it a rest? I used to have a B1, even though entitled to a visa waiver. At interview the officer said that I was eligible for the visa waiver programme, and I said 'yeah, I know, but I would prefer a visa with the possibility of longer stay'. He said OK and gave me one.
> ...


Is it just me or does it feel like the wrong issue is being focused on? Anyway, I'm the girlfriend that helped him apply. I was just writing with a simple question. My bf asked for a visitor visa because that's what he was actually doing. He traveled cross country and everywhere in between. It was his first time in the US as an adult.

He did have ties, family, etc etc. The visitor visa was very easy for him to obtain. He never intended to stay, he just missed the date by 8 days after the second extension due to no seats on his new flight. But we're both in the UK at the moment, I'm here for moral support after the ordeal.

All I was inquiring was the odds of us getting a k1 visa since he was planning on proposing this year.

Anyway way we've spoken with a lawyer and are making plans to do what works best for us.

Thanks for the well wishers!


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## Bellthorpe (Jun 23, 2013)

Crawford said:


> Why did you request a B/1?


I said why in the post that you quoted.



> and when was this?


A while ago.



> Were you a 26 year old


No.



> with no strong ties to your home country


I never had strong ties to my home country.



> and a girlfriend in the States?


No.

Again, I really think that it's time to give it a rest. You're flogging a dead horse, and as 
Girljinxed18 said, it's neither helps nor addresses the issue about which she came to this forum.


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## Bevdeforges (Nov 16, 2007)

Girljinx18 - please excuse all the "additional" advice you tend to get here. But be aware that many of the folks on this forum have run afoul of obscure aspects of immigration laws and processes that they may be trying to "warn" you about without having to ask too many prying questions. I guess it's just part of the Internet/social media culture these days. (And I'll confess that I had to contend with a massive immigration screw-up when I first got to France that consumed much of the first few years I was living here.)

It sounds like you're headed in the right direction, though it always pays to have a "Plan B." US immigration can be tricky, even with a lawyer by your side. In any event, good luck. And keep us posted how things work out. It will inevitably help someone else in a similar situation.
Cheers,
Bev


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## twostep (Apr 3, 2008)

OP's question regarding K1 has been answered several times.

Can you please do your bickering and hairsplitting to PM? Thank you.


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## Crawford (Jan 23, 2011)

Oh , Ok I'll get off my hobby horse ...... and continue to take with a big pinch of salt some of the posts we get on this forum


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