Am I allowed to enter America from Canada while waiting on my I-129F NOA2?

[matalie 1]

Hi there! I'm new to VJ and boy, do I wish I had found it before while I was preparing my I-129F! What a great community! My question I'm sure is a common one so please have patience with me, but I used to enter US to visit my fiance in Maine every three weeks or so. My job gave me more flexibility than so I would visit him the majority of the time. While entering on two separate occasions I was asked by border officers, if we had already filed our papers. At the time we hadn't yet, but they told me both times that I would not be allowed in the country once we filed them. To double check, we went and asked the Department of Homeland Security office if this was true and was told by a not so friendly woman that, "Of COURSE, I was not allowed in the country after we filed!". I went back to Canada and we filed and he has only been able to get up to Canada for one day to see me since we started the process. I'm able to get the time off to visit him but did not think I was allowed. I've read here that other people have? Am I able to visit the US even though we have not received our NOA2 yet?

Thanks so much for any help!

Ps. Sorry if I posted this wrong! This is my first time!

[Brother Hesekiel 2,236]

Welcome to VJ!

Oftentimes the question comes up whether or not somebody can visit the US and not activate their K-1 visa. There is no easy answer to this. For you, however, the situation is different. If you are waiting for your K-1 to be approved, you are showing that you have chosen what is often referred to the "correct" way to immigrate. There is no reason to believe that you would have filed a petition, paid money, and then abandon it in order to visit the US as a visitor and adjust status from within.

Hence, there's no reason why you shouldn't visit your finance. I venture to guess that most CBP officers see this the same way, but it is possible that you encounter one who sees this differently and denies you entry to the US based on your pending K-1.

Wouldn't be fair.

[CDAgirlMI 51]

Simply, yes you can visit while waiting for your K1 approval. MANY people on here visit while its pending. Personally, I visited during the waiting time twice a week(lived in a border town).

Just bring proof of ties to Canada (rental agreement, bank statements, letter fom employer...) to prove you will return to Canada.

Bring your NOA1 to show you indeed HAVE filed & are doing it the legal way.

I never had an issue.

[matalie 1]

Thanks so much for your quick replies! That's very good news!