USCIS said he CANNOT visit

[Gary and Alla 3,694]

Wow I am so sorry you are getting so much misinformation from "official" sources.

1. He can absolutely visit you when the petition is in process. Nik did this. No issues whatsoever, and they even asked us about his trip at the green card interview! Now, there may be some other factors which would prevent his visiting on VWP - for example, if he had a criminal history. Did this come up in the conversation at all? Or was the ONLY reason that he had a petition in progress? Nik was honest in his CBP interactions (though they did take him into secondary inspection) he said he had a fiance, and he showed them the receipt notice from our K-1, and it was actually the filing of the petition that prompted them to stamp him into the country, so it's really the proof that he'll return to the UK which matters.

2. Simply being denied entry does not necessarily mean that his K-1 will have any trouble. If the CBP officer finds that he is inadmissible because immigrant intent is suspected, the legal terms are that he "withdraws" his attempt to enter the US. They deny entry "without prejudice". Yes, it will go on his record, and will have to be counted as a denial of entry, but that sort of thing is easily solved with a visa. Because now he is allowed to enter with immigrant intent. Problem solved. If he is denied entry because he LIES to them and they find out about it, then it is misrepresentation, and that can have an effect on the K-1.

Contracted USCIS operators are NOT official sources and are not even employees of the government. It is like askingthe lunchroom lady how to change course at your college. It is not their purpose to answer such questions, they are not a source of this information and USCIS has nothing whatever to do about ADMISSION to the United States. They approve PETITIONS, they DO NOT approve visas and they have nothing to do with border protection. They then process changes of status of people already in the USA.

When you hire unqualified people and people who know nobetter ask them questions they shouldn;t, the unqualified people often feel like they need to make a new law, pass it through congress and sign it for the President all in a 45 second phone call. How wonderfully efficient.

Stop calling the 1-800 numbers.

[Kristy S 13]

Stop calling the 1-800 numbers.

honestly, only reason i called was to check on the G28, those people are just so nosey with their chitchat, and then she said the noa2 date should be nov 24th but they are running a bit behind, and i told her i knew that, but luckily he was coming to visit for the holidays. and that's when she got all 'super ######' on me. i only called the customs and border people to see if she was correct or not, and they said that they figured he could get in, but couldn't guarantee, and she conferred with like 3 co-workers there and they all said about it probably being detrimental to the k1, so that's why i came back here to you guys before having a complete break down over it.

like usual, you guys had me calmed down and feeling secure again in no time.

thank you all so much, and i called my lawyer and told him to forward another copy of the G28 to those idiots, because i never want to have to talk to them again about anything.

[driver 9]

My fiancé visited me from South Korea while we were waiting for the K1 Visa approval.

She came on the VWP. It was her second time visiting the US. Each time visit she stayed 88 days (just shy of the 90 day limit).

She had no problems with the customs officer. I told her not to lie and just be matter of fact about everything.

She came because my cousin and friend were getting married. I gave her photocopies of the invitations and a photocopy of the NOA of the K1 Visa.

The officer asked her why she was visiting so soon after her last visit (it had only been 2 months). She responded about the weddings and wanting to visit her fiancé.

The officer asked her if she prepared gifts for the wedding (she did and replied as so).

After checking for return ticket and how much money she had; they let her in.

[Gary and Alla 3,694]

honestly, only reason i called was to check on the G28, those people are just so nosey with their chitchat, and then she said the noa2 date should be nov 24th but they are running a bit behind, and i told her i knew that, but luckily he was coming to visit for the holidays. and that's when she got all 'super ######' on me. i only called the customs and border people to see if she was correct or not, and they said that they figured he could get in, but couldn't guarantee, and she conferred with like 3 co-workers there and they all said about it probably being detrimental to the k1, so that's why i came back here to you guys before having a complete break down over it.

like usual, you guys had me calmed down and feeling secure again in no time.

thank you all so much, and i called my lawyer and told him to forward another copy of the G28 to those idiots, because i never want to have to talk to them again about anything.

she also has absolutely NO WAY to say when your NOA2 date will be either. That prediction is exactly as accurate and meaningful as the rest of the information she gave you. It is made up from thin air.

[Liam and Kara 6]

It is a case of hit or miss depending on which POE you have.

I came over to visit my then fiance to stay for 88 days

during the process and was denied entry, I had all the paperwork

for strong ties to the UK return flight letter from employer etc etc

but that did not matter i was denied and sent back on the next available flight

Now I am a permanent resident with a conditional green card

it made no difference that i had been turned away in the long run

It was mentioned at interview for AOS but the interviewer said it was

more common than you would think.

Good luck on your journey it is all worth it in the end.

[Justine+David 218]

Lesson learned? Don't talk to immigration officials for questions about immigration they know NOTHING and contradict themselves CONSTANTLY! Seriously...they get on these power trips.

It'd be fun to screw with their heads though. Maybe one day when David is a citizen

[KirstyDustin 1]

thank you guys, i think we're going to get the ticket

A friend just left the UK yesterday to visit her Fiance in NY and she is there. She was asked a few questions but wasn't turned back home. If he has strong enough ties to his country i'm sure there will be no problems... also i think it depends on the person you get at POE...

Good luck to you both i'm sure it will be fine

[TracyTN 237]

yeah, but from what i can tell, if you know what you're talking about, then they probably won't hire you...you are now OVERQUALIFIED

I know right? Or that means I'll never be eligible for a promotion either.

[Y&E 12]

It shouldn't be a problem for him at all. I came through with no paperwork showing ties and they never asked for anything. I told them the purpose of my visit was to visit a friend (this was the second time in 3 months) and they let me though fine. I suspect that they're pretty lenient when it comes to low-risk countries and I believe that the immigration petitions don't even show up unless you tell them about it (I may be wrong I just remember someone mentioning that).

[Kristy S 13]

It shouldn't be a problem for him at all. I came through with no paperwork showing ties and they never asked for anything. I told them the purpose of my visit was to visit a friend (this was the second time in 3 months) and they let me though fine. I suspect that they're pretty lenient when it comes to low-risk countries and I believe that the immigration petitions don't even show up unless you tell them about it (I may be wrong I just remember someone mentioning that).

the lady i talked to from customs and border control said that since we will have noa2 by then that the k1 petition will show up when they scan his passport, but they've misinformed me on so much other stuff, i'm sure they were just lying to try and prove their point.

[Nik+Heather 121]

the lady i talked to from customs and border control said that since we will have noa2 by then that the k1 petition will show up when they scan his passport, but they've misinformed me on so much other stuff, i'm sure they were just lying to try and prove their point.

NichNick reported that when she asked the CBP officer if they could see anything like that on their computer at the immigration checkpoint, they said they couldn't. CBP looks at things they are concerned about - entries, overstays, etc. They don't have (or didn't a couple years ago) access to USCIS activity.

So, two things to consider here. Source reliability: USCIS minimum wage phone answer-er telling you what CBP can see or CBP officer who knows what he can see every day?

Also, and this is a bit far-fetched, but maybe the CBP officer doesn't want to reveal what he does/doesn't know. However, if the petitions ARE visible, then people have still gotten in while they are going on, so isn't it a moot point??

[Kathryn41 3,205]

If you have the NOA2, bring a copy of it with you. I always carried a copy of my immigration K-1 file along with my proof of ties to Canada with me when visiting my now husband during the process. I was pulled into secondary twice and in both cases as they were going through my file folder of information, when they got to the K-1 application and the NOAs they closed the file, handed it back to me and allowed me to enter. So, bring a copy of the immigration paperwork as well - it is good evidence that you are planning on doing things the right way and have already invested time and money in that process and are likely to continue it rather than jeopardize your lives together by staying in the US on this visit.