Visiting the US with K-1 pending, had trouble entering before...

[SCFsnoopy 0]

Hi all,

My fiance will be filing our I-129F Petition this week and starting the whole K-1 process. I would like to go over in August for two weeks for our anniversary but wanted to know what my chances are of getting refused entry given that I have had trouble with the Dept. of Homeland Security on a previous trip. For ease of explanation I'll put in a timeline of my trips to the US and back:

April 2007-May 2008: In USA legally on J-1 visa.

May 2008-July 2008: Back in Australia.

July 2008-September 2008: In the USA legally on the Visa Waiver Program.

September 2008-Present: In Australia.

It was my second trip to the US in July 2008 that I ran into trouble. My POE was Anchorage, Alaska (very roundabout flight via Taiwan) and the official there initially pulled me up on the fact that A) I had been in the US very recently for a very long time, and B) I didn't have a whole lot of spare money on me for an 11-week visit. That I could understand. I was taken into the interview room where it surfaced that I was staying with my (then) boyfriend, a US citizen. They then went to great lengths to try and make me admit that I was going to marry him and adjust status illegally, or find a job and work illegally, or do anything else wrong. Of course, I had no such intent and they couldn't prove it despite finding my journal and several photos in my carry-on luggage. After having not one, but FOUR officials interview me together and separately they finally let me in with a very stern warning not to marry or find a job.

Now, I wouldn't be at all surprised if all of this is kept on my file somehow and it will all be pulled up when I go over again in August. This time around, however, it will only be a two week visit and I will have plenty of money (which I can prove through bank statements, and I plan to carry a good amount with me) and I have proof of rental obligations and a job that I will be expected to come back to. I think that's plenty of evidence that I do intend to go back to Australia until my visa is approved and I can migrate legally, along with the fact that I have never stayed in the US illegally (ie, I didn't overstay my J-1 visa or the VWP).

I just wanted to see if anyone has, or know someone who has, had any trouble entering the US and what happened on subsequent trips. Plane tickets might be cheap at the moment but it is still a lot of money to get from Sydney to New York and I don't want it to be for nothing!

Also, should I take over my copy of the I-129F packet just in case they want to see it? Anything else I should bring with me?

[MzMo1102 0]

I was in a similar situation as you as I was on a J1 visa back in 2001 and stayed in the US for a long period of time. I came back home and every 6 months I had been back and forth to the US from Australia. I was questioned only once at POE as to why Im always in the US and I had explained that I had family, friends and my boyfriend to visit. They also questioned if I was intending to stay there, look for work, get married, etc. I've always brought along my itinerary with prepaid flights departing the US and onto another country (as I usually get around the world tickets) then they had let me in with no problems. We filed for the K1 in November last year and I went to the states end of nov/dec for thanksgiving. I had brought along a copy of the k1 packet, as well as the NOA1 just in case they question it -got in no questions asked. We got our NOA2 in Feb and in March this year I went back to NY for 2 weeks and this time they questioned my J1 visa back in 2001. All they asked was when and where was my J1 visa issued, how long was I intending to stay in the US and thats it.

Just make sure you bring a copy of the k1 packet, your NOA1/2 (should you receive it prior to leaving), any ties you have here in Aussie and you should be fine.

[SCFsnoopy 0]

I was in a similar situation as you as I was on a J1 visa back in 2001 and stayed in the US for a long period of time. I came back home and every 6 months I had been back and forth to the US from Australia. I was questioned only once at POE as to why Im always in the US and I had explained that I had family, friends and my boyfriend to visit. They also questioned if I was intending to stay there, look for work, get married, etc. I've always brought along my itinerary with prepaid flights departing the US and onto another country (as I usually get around the world tickets) then they had let me in with no problems. We filed for the K1 in November last year and I went to the states end of nov/dec for thanksgiving. I had brought along a copy of the k1 packet, as well as the NOA1 just in case they question it -got in no questions asked. We got our NOA2 in Feb and in March this year I went back to NY for 2 weeks and this time they questioned my J1 visa back in 2001. All they asked was when and where was my J1 visa issued, how long was I intending to stay in the US and thats it.

Just make sure you bring a copy of the k1 packet, your NOA1/2 (should you receive it prior to leaving), any ties you have here in Aussie and you should be fine.

Perfect! I should have my NOA1 by the time I leave so I'll make sure I'll bring that and the K-1 packet along with me.

I'm entering through LA this time and I always buy prepaid return tickets (I have a feeling that was really the only thing that saved me last time) so hopefully the officials there won't be hold me up. I figure since it will have been a year since the last time I entered too that might help my case.

On a side note - you mentioned NY, which is where my fiance lives - which part? He's in Staten Island, so that's where I'll be (hopefully sooner rather than later!).

[TruLuv 0]

Hi all,

My fiance will be filing our I-129F Petition this week and starting the whole K-1 process. I would like to go over in August for two weeks for our anniversary but wanted to know what my chances are of getting refused entry given that I have had trouble with the Dept. of Homeland Security on a previous trip. For ease of explanation I'll put in a timeline of my trips to the US and back:

April 2007-May 2008: In USA legally on J-1 visa.

May 2008-July 2008: Back in Australia.

July 2008-September 2008: In the USA legally on the Visa Waiver Program.

September 2008-Present: In Australia.

It was my second trip to the US in July 2008 that I ran into trouble. My POE was Anchorage, Alaska (very roundabout flight via Taiwan) and the official there initially pulled me up on the fact that A) I had been in the US very recently for a very long time, and B) I didn't have a whole lot of spare money on me for an 11-week visit. That I could understand. I was taken into the interview room where it surfaced that I was staying with my (then) boyfriend, a US citizen. They then went to great lengths to try and make me admit that I was going to marry him and adjust status illegally, or find a job and work illegally, or do anything else wrong. Of course, I had no such intent and they couldn't prove it despite finding my journal and several photos in my carry-on luggage. After having not one, but FOUR officials interview me together and separately they finally let me in with a very stern warning not to marry or find a job.

Now, I wouldn't be at all surprised if all of this is kept on my file somehow and it will all be pulled up when I go over again in August. This time around, however, it will only be a two week visit and I will have plenty of money (which I can prove through bank statements, and I plan to carry a good amount with me) and I have proof of rental obligations and a job that I will be expected to come back to. I think that's plenty of evidence that I do intend to go back to Australia until my visa is approved and I can migrate legally, along with the fact that I have never stayed in the US illegally (ie, I didn't overstay my J-1 visa or the VWP).

I just wanted to see if anyone has, or know someone who has, had any trouble entering the US and what happened on subsequent trips. Plane tickets might be cheap at the moment but it is still a lot of money to get from Sydney to New York and I don't want it to be for nothing!

Also, should I take over my copy of the I-129F packet just in case they want to see it? Anything else I should bring with me?

I would be very careful. There is a recent case where a french woman came to the sates to visit her fiance with all intentions of returning later on the K1 visa that was being processed. At point of entry she was asked why she was coming to the states and replied to visit her fiance. Boom, they banned her for 10 yrs just because they thought she would stay and marry and not wait for the K1 to come through. No evidence. I was told this story by my immigration lawyer warning that it would be better for me to visit him than for him to come here. Because you have had previous problems I would be VERY CAREFUL in making your decision. Good luck, I know how hard the wait is. I am turning in my paperwork this week as well.

[Krikit 1,164]

I would be very careful. There is a recent case where a french woman came to the sates to visit her fiance with all intentions of returning later on the K1 visa that was being processed. At point of entry she was asked why she was coming to the states and replied to visit her fiance. Boom, they banned her for 10 yrs just because they thought she would stay and marry and not wait for the K1 to come through. No evidence. I was told this story by my immigration lawyer warning that it would be better for me to visit him than for him to come here. Because you have had previous problems I would be VERY CAREFUL in making your decision. Good luck, I know how hard the wait is. I am turning in my paperwork this week as well.

The only time someone would receive a 10-year bar is if they overstayed a previous visa by one year or more, or had an illegal entry. An overstay of 180 days but less than one year triggers a 3-year bar. The clock starts ticking based on the expiry date of the I-94.

Edited April 19, 2009 by Krikit

[Bobby+Umit 161]

<snip>

I would be very careful. There is a recent case where a french woman came to the sates to visit her fiance with all intentions of returning later on the K1 visa that was being processed. At point of entry she was asked why she was coming to the states and replied to visit her fiance. Boom, they banned her for 10 yrs just because they thought she would stay and marry and not wait for the K1 to come through. No evidence. I was told this story by my immigration lawyer warning that it would be better for me to visit him than for him to come here. Because you have had previous problems I would be VERY CAREFUL in making your decision. Good luck, I know how hard the wait is. I am turning in my paperwork this week as well.

I would take that story with a grain of salt.

From all my research on this subject, I haven't seen 10 year bans for coming into the country for any reason other than having more than 1 year of unlawful presence in the US.

The story in itself doesn't make sense, since the K-1 means you have to be free to marry, and if they marry and wait for it to come through, it would void the K-1.

Majority of bans I have read about have been because of either, misreprestation at the POE, or unlawful presence.

Umit has visited me during our K-1 wait, and they just wanted to see her return ticket info. She even told them she was in the process of the K-1 (she had a copy of the NOA1 and the 129F packet info, letter from her employer).

Everyone's case is different - so...

[Otto 83]

I would be very careful. There is a recent case where a french woman came to the sates to visit her fiance with all intentions of returning later on the K1 visa that was being processed. At point of entry she was asked why she was coming to the states and replied to visit her fiance. Boom, they banned her for 10 yrs just because they thought she would stay and marry and not wait for the K1 to come through.

Sounds more like urban legend than anything else...

[Philosykos 0]

I don't dare to visit my fiancé in the US while K-1 is in process. The main reason for that is that I, too, get sent into "secondary inspection" every time I enter the US, because I have a student visa in my passport that still has a valid date, but is void as I finished my degree. I've even been bringing my graduation certificate on my last trip, but they still thought it was suspicious that I was entering on the visa waiver program. Last time they also questioned me about my boyfriend and whether we intended to get married on this trip... It was a short interrogation, fortunately, as I must have been pretty convincing regarding the fact that I had a job in Germany and would certainly return after a ten-day stay. Once the K-1 is filed for, it should be even more obvious to the officers that one is not going to get married on the VWP, given that it would be virtually impossible to claim that one wasn't planning to get married. It is really ridiculous that they even suspect any such intent. As if illegal immigration was any option for someone from a VWP country, especially with higher education! The jobs that are interesting to me could never be illegal. All that said, I personally won't risk visiting during this phase. You never know with whom you will be dealing at POE.

Edited April 19, 2009 by Philosykos

[TruLuv 0]

I don't dare to visit my fiancé in the US while K-1 is in process. The main reason for that is that I, too, get sent into "secondary inspection" every time I enter the US, because I have a student visa in my passport that still has a valid date, but is void as I finished my degree. I've even been bringing my graduation certificate on my last trip, but they still thought it was suspicious that I was entering on the visa waiver program. Last time they also questioned me about my boyfriend and whether we intended to get married on this trip... It was a short interrogation, fortunately, as I must have been pretty convincing regarding the fact that I had a job in Germany and would certainly return after a ten-day stay. Once the K-1 is filed for, it should be even more obvious to the officers that one is not going to get married on the VWP, given that it would be virtually impossible to claim that one wasn't planning to get married. It is really ridiculous that they even suspect any such intent. As if illegal immigration was any option for someone from a VWP country, especially with higher education! The jobs that are interesting to me could never be illegal. All that said, I personally won't risk visiting during this phase. You never know with whom you will be dealing at POE.

I am with you. Is it really worth the risk? All I am saying is that there is no way I would risk it. Why can't your finace come visit you instead?

Also the story I told was not an urban legend. My LAWYER told me not to take the chance. I am going to trust an immigration attorney over anything that is said on this site no matter how helpful I find discussing things with you all.

[English Muffin 59]

If the OP does get turned away at the POE it won't have any bearing on her getting a K1 visa. The only 'risk' is losing the cost of the flights.

[missmissy 38]

I don't dare to visit my fiancé in the US while K-1 is in process. The main reason for that is that I, too, get sent into "secondary inspection" every time I enter the US, because I have a student visa in my passport that still has a valid date, but is void as I finished my degree. I've even been bringing my graduation certificate on my last trip, but they still thought it was suspicious that I was entering on the visa waiver program. Last time they also questioned me about my boyfriend and whether we intended to get married on this trip... It was a short interrogation, fortunately, as I must have been pretty convincing regarding the fact that I had a job in Germany and would certainly return after a ten-day stay. Once the K-1 is filed for, it should be even more obvious to the officers that one is not going to get married on the VWP, given that it would be virtually impossible to claim that one wasn't planning to get married. It is really ridiculous that they even suspect any such intent. As if illegal immigration was any option for someone from a VWP country, especially with higher education! The jobs that are interesting to me could never be illegal. All that said, I personally won't risk visiting during this phase. You never know with whom you will be dealing at POE.

I am with you. Is it really worth the risk? All I am saying is that there is no way I would risk it. Why can't your finace come visit you instead?

Also the story I told was not an urban legend. My LAWYER told me not to take the chance. I am going to trust an immigration attorney over anything that is said on this site no matter how helpful I find discussing things with you all.

[missmissy 38]

I don't want to be argumentative here, but.....before I filed our application, I interviewed THREE immigration lawyers and ended up not using any of them. Almost all of the information that each one gave me was flawed, inflammatory and, sometimes just downright contrary to what the law actually is. I think the most you will be out is the cost of the ticket and the aggravation if you are denied entry. Lars was denied entry last October because he had been here so long before then, so now I travel to Copenhagen until our application is approved.

[Bobby+Umit 161]

I don't dare to visit my fiancé in the US while K-1 is in process. The main reason for that is that I, too, get sent into "secondary inspection" every time I enter the US, because I have a student visa in my passport that still has a valid date, but is void as I finished my degree. I've even been bringing my graduation certificate on my last trip, but they still thought it was suspicious that I was entering on the visa waiver program. Last time they also questioned me about my boyfriend and whether we intended to get married on this trip... It was a short interrogation, fortunately, as I must have been pretty convincing regarding the fact that I had a job in Germany and would certainly return after a ten-day stay. Once the K-1 is filed for, it should be even more obvious to the officers that one is not going to get married on the VWP, given that it would be virtually impossible to claim that one wasn't planning to get married. It is really ridiculous that they even suspect any such intent. As if illegal immigration was any option for someone from a VWP country, especially with higher education! The jobs that are interesting to me could never be illegal. All that said, I personally won't risk visiting during this phase. You never know with whom you will be dealing at POE.

I am with you. Is it really worth the risk? All I am saying is that there is no way I would risk it. Why can't your finace come visit you instead?

Also the story I told was not an urban legend. My LAWYER told me not to take the chance. I am going to trust an immigration attorney over anything that is said on this site no matter how helpful I find discussing things with you all.

The LAWYER i talked to before starting this said Umit wouldn't have any issues visiting me, as long as she played by the rules. She also told me cases where people didn't follow the rules and suffered delays and in one case, a ban.

And, as I said, she had no issues coming to see me.

I also have seen plenty of first hand accounts of posters here where there LAWYER screwed up their case.

[MzMo1102 0]

Perfect! I should have my NOA1 by the time I leave so I'll make sure I'll bring that and the K-1 packet along with me.

I'm entering through LA this time and I always buy prepaid return tickets (I have a feeling that was really the only thing that saved me last time) so hopefully the officials there won't be hold me up. I figure since it will have been a year since the last time I entered too that might help my case.

On a side note - you mentioned NY, which is where my fiance lives - which part? He's in Staten Island, so that's where I'll be (hopefully sooner rather than later!).

Just as long as you have proof of ties to your home country and bring evidence that you are going through the legal way of moving into the US, you should be ok. Also as what bobby_umit said, everyone's case is different..its just all up to the POE officer.

My fiance lives in Manhattan but we're looking at moving to West New York, NJ which is right across the river that seperates NYC and NJ. Good to hear an aussie moving to NY too

I don't dare to visit my fiancé in the US while K-1 is in process. The main reason for that is that I, too, get sent into "secondary inspection" every time I enter the US, because I have a student visa in my passport that still has a valid date, but is void as I finished my degree. I've even been bringing my graduation certificate on my last trip, but they still thought it was suspicious that I was entering on the visa waiver program. Last time they also questioned me about my boyfriend and whether we intended to get married on this trip... It was a short interrogation, fortunately, as I must have been pretty convincing regarding the fact that I had a job in Germany and would certainly return after a ten-day stay. Once the K-1 is filed for, it should be even more obvious to the officers that one is not going to get married on the VWP, given that it would be virtually impossible to claim that one wasn't planning to get married. It is really ridiculous that they even suspect any such intent. As if illegal immigration was any option for someone from a VWP country, especially with higher education! The jobs that are interesting to me could never be illegal. All that said, I personally won't risk visiting during this phase. You never know with whom you will be dealing at POE.

I am with you. Is it really worth the risk? All I am saying is that there is no way I would risk it. Why can't your finace come visit you instead?

Also the story I told was not an urban legend. My LAWYER told me not to take the chance. I am going to trust an immigration attorney over anything that is said on this site no matter how helpful I find discussing things with you all.

The LAWYER i talked to before starting this said Umit wouldn't have any issues visiting me, as long as she played by the rules. She also told me cases where people didn't follow the rules and suffered delays and in one case, a ban.

And, as I said, she had no issues coming to see me.

I also have seen plenty of first hand accounts of posters here where there LAWYER screwed up their case.

VERY TRUE!! We hired a lawyer two years ago and we mentioned about me going to the US whilst the K1 is processing, all she said was you should be fine if you mention you're returning to your home country... she didnt seem to elaborate much on it either..We then hired another lawyer who apparently is "one of the best" but all they did was waste alot of our time and $1800 for nothing so after discovering VJ, we did it ourselves.

[reeses16 8]

TruLuv,

I'm sure the story your lawyer told about is true to some degree. He or she probably glossed over some of the important details (the actual reason for the ban). I agree that you should be cautious about things you read on VJ, but you should also be cautious in dealing with your lawyer as well.

Given that your fiance is from Kenya, your lawyer probably should have advised you that his chance of getting a visa to visit the US are pretty close to 0 (unless he has previous visits to the US). This is the reason that it is more feasible for you to visit him, it has nothing to do with getting banned at POE. In general, if your fiance is not from a Visa Waiver country, it is extremely difficult to get a visitors visa (even if they do not they have a pending K1).

SCFsnoopy,

I hope you decide to visit. Bring lots of proof that you will return. At worst you will be out the airfare.

Edited April 20, 2009 by reeses16