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Immigration Issues/entering States as a tourist after breaking off K-1 visa petition


I have a rather complex situation and will try to keep the background story as short as possible: My fiance (U.S. citizen) filed a petition for me in 2003 to marry him and stay with him in the US. We got the petition approved after 10 long months. We assume it took so long because he was on parole after a prison sentence, and they did a security check. Unfortunately, that long wait harmed our relationship and we broke apart before I could get to the visa interview in my country (Austria). I sent a letter to the embassy explaining why I would not come to the interview.

Since then my former fiance was arrested for violation of parole, due to drinking charges, and he is now back in prison for 6 months. He will be out in July of this year. We are back in touch, and we still would like the chance to be together. So we are ready to start the petition again. For that I would like to travel to see him in summer.

And here come my questions: do you think I could have problems entering the US as a tourist with the Visa Waiver, because I broke off the K1-visa process?

And - do you think we would have problems getting the petition approved because he was back in prison? (Being on parole was obviously no problem, because we got approved the first time.)

I am aware that I would need a co-sponsor at the visa interview, and I am sure that they would question me extensively about what happened. But - legally speaking - would it be a reason to deny the visa?

Thank you very much for your time to answer my questions. If you can help me in any way, I would greatly appreciate it.

If I was "Dear Abby", I would advise you to get over him and get on with your life...
But, since I am not...

The Visa Waiver...there shouldn't be a problem.  One thing to keep in mind with the Visa must walk the straight and narrow.  ANY violation will get you an immediate deport...there is no court, no hearing, nothing...

B-2 visitor is not as stringent.

You can reapply for the K-1 fiance visa...but it will be thoroughly scrutinized.  Once it is approved, the scrutiny will not end...there is still the process of immigrating.  Marriage fraud is one of the more rampant crimes being committed and there is a great deal of emphasis to address it.  The punishment is rather severe...up to ten years in prison...then deportation.   That being said, if your intentions are legitimate, you should not have any problem.  Keep the boyfriend in tow...he needs to straighten up his act.  

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30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

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