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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 107295
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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I am wondering if you can answer a simple situation

Resolved Question:

Hello,
I am wondering if you can answer a simple situation I can receive 0 free advice with.
I am aiming on going to the USA to marry my fiance of 2 years, however I only have an ESTA, but I will NOT be staying in the USA, I am only there for a 2 week period and will be returning to my home country. From there I will be beginning to spousal visa process for my fiance to leave the USA and live with me in my home country.
Am I okay proceeding with this plan without a K1 Visa? I will NOT be working in the USA or returning at any point after these 2 weeks. I also will ONLY be in the USA for 14 days during the period of marriage? I will NOT be seeking any form of status/life in the USA?
Many Thanks for your time and hard to find advice.
Submitted: 1 year ago.
Category: US Law
Expert:  Guillermo Senmartin replied 1 year ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Do you plan to visit the U.S. any time soon after you marry? When?
Customer: replied 1 year ago.
Thank you for your response,The only visitations if any made after marriage would be after the spousal visa process is complete and my then wife would be living with me in my home country outside the USA (visiting her family basically) which would be at a guess due to finances 2-3 years after.
Expert:  Guillermo Senmartin replied 1 year ago.
The reason this is hard to find is that the answer really is not going to be beneficial to your situation. It's what can be proven. You can state that you will not stay in the U.S. or work in the U.S. or that you have no intention to live in the U.S., but it's what you can prove, not what you state. What strong ties to you have in your country that could prove that you have non-immigrant intent and strong ties there?
Customer: replied 1 year ago.
Well one document I would be presenting is a current court order in action from HMRC (UK court of law) stating I have to be in the UK for the purpose of visiting my son. Which would stop me residing in the US for longer than around 1month from the time of arrival. I will have a return flight ticket stating my date of return. I also can have a hard copy of my full time employment contract in the UK from my employer. Including pay stubs if required. All of which I would see as a legal requirement to return to the UK in a timely fashion?
Expert:  Guillermo Senmartin replied 1 year ago.
The court has ordered you to visit your son, or the court has ordered that you have the right to see your son? There is a difference. Also, what type of job do you have? Is the salary higher or much higher than the average salary in the UK?
Customer: replied 1 year ago.
The job I have is full time employment: surveying in the petrochemical/oil and gas industry. The salary would for the area I reside in be comfortably above average. as for the UK's average it'll be comfortable above by £6000 Per year before tax when it takes into account my overtime earnings. (I can also take a copy of my end of tax year earnings so they can physically see my jobs value?)
The court order in effect is a "CAP02" from a first hearing dispute resolution appointment, which states the dates on which I have to be present to visit my son in the UK. The actual court proceedings was due to myself taking my ex partner to court over it so she is actually the defendant. Going by the nature of the document it is an order to visit. Not the right to visit as that wasn't being denied. Also on the document it does state the date of the final hearing. Which if I do not comply with is a felony I believe. Hope this helps.
Expert:  Guillermo Senmartin replied 1 year ago.
What I am trying to find out is if the court REQUIRES you to see your child. That is very strange for something like that to happen, for a court to force a parent to visit a child. I mean morally one should do so, but to have a court order that, I have never heard of that happening. Could you be held in contempt of court or jailed if you didn't go visit your child?
Customer: replied 1 year ago.
The only requirement set out is that I do appear for the final hearing in April (or it will go down as a failure to appear in court), it does not state anything regarding non compliance with the order. So I am presuming this piece of evidence isn't as strong as I first initially thought it would be?
Expert:  Guillermo Senmartin replied 1 year ago.
Unfortunately, it is not. It does help in the sense that you at least have to go back to appear for that hearing. So if you travel before that hearing, you could use that to convince the officer at the Port of Entry that you have to go back. I will provide you with another link to a list of things that you can use to prove that you have non-immigrant intent and strong ties to your country. The more you have, the better it is. For this first trip, I would not mention that you have the intent to marry or that you are intending to visit a betrothed. I would have some other real and valid reason for traveling, like visiting Disneyworld and having purchased tickets for that, etc. Once you get in, you can marry and then leave on time. After that, I would not travel back to the U.S. until your spouse establishes her immigrant status in the UK and then when you want to travel after that, then you can show your ties to the UK plus that she has ties to the UK as well. Here is that link that I promised you: https://help.cbp.gov/ci/fattach/get/46680/0/session/L2F2LzEvdGltZS8xMzk3NDE3MzcxL3NpZC85M1BEQ0lSbA==/filename/Intentions+and+Ties.pdf My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 107295
Experience: Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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