Extended Visit to the US whilst K1 is being processed

[Dave and Jess 0]

Hi Folks...

I just wanted to run something past you all.. We are currently awaiting NOA2 and according to the current trends it should be with us sometime between end Oct and end of Nov.

I would like to head out to the US end of Nov and come back end of Jan ish depending on interview date and then return with the K1 in my hand. I was wondering if this is common practice i.e people spending extended periods of time in the US leading up to their interview and then coming home for it? and then go back when everything is taken care of. I know I can't work and would essentially be a tourist for those 2 months.

Do you think I would have issues with entry into the US for 2 mths. I have monies in the back to support myself and can provide proof. I would also be armed with my K1 application (why would I over stay and mess everything up after going through the K1 process?) and my return ticket home. I know it's a gamble but do you all think? am I setting myself to be denied entry and if I am denied, will it have a negative effect on our application..

Any thoughts/advice would be greatly appreciated.

Thanks,

Dave.

[Kathryn41 3,205]

While it will be up to the border authorities to decide if you will be allowed to enter the US and who will determine the length of time for the visit if you are allowed in, you actually have a more practical concern to consider. After the NOA2 is approved, the 2nd stage of the K-1 process happens in your home country. You will be sent a list of items you will need to obtain from the Consulate in your home country, along with the application forms you need to submit. There are documents you need to obtain and actions you need to do in the UK - security checks and medical exams are the most obvious ones. Once you are ready you then notify the US Consulate and they schedule an interview. If you are in the US during this time you won't be able to get the things done that need doing and may actually be delaying the time it will take to approve your K-1. With that consideration, you might want to check with others who applied from the UK and see how long the process takes after the NOA2 to the granting of the K-1. That will give you an idea of how much time you will have available between the two and if you really can afford to spend 2 of those months in the US. Longer trips are reasonable while you are still waiting for the NOA2 to be approved, but once you receive the NOA2 you may find it more expedient to be at home than in the US.

An entry denial because of failure to prove non-immigrant intent would have no impact on your K-1 interview so you don't need to worry about that. Just be sure that you admit to it on the necessary paperwork and during the interview - it won't count against you unless you lie about it.

[Dave and Jess 0]

While it will be up to the border authorities to decide if you will be allowed to enter the US and who will determine the length of time for the visit if you are allowed in, you actually have a more practical concern to consider. After the NOA2 is approved, the 2nd stage of the K-1 process happens in your home country. You will be sent a list of items you will need to obtain from the Consulate in your home country, along with the application forms you need to submit. There are documents you need to obtain and actions you need to do in the UK - security checks and medical exams are the most obvious ones. Once you are ready you then notify the US Consulate and they schedule an interview. If you are in the US during this time you won't be able to get the things done that need doing and may actually be delaying the time it will take to approve your K-1. With that consideration, you might want to check with others who applied from the UK and see how long the process takes after the NOA2 to the granting of the K-1. That will give you an idea of how much time you will have available between the two and if you really can afford to spend 2 of those months in the US. Longer trips are reasonable while you are still waiting for the NOA2 to be approved, but once you receive the NOA2 you may find it more expedient to be at home than in the US.

An entry denial because of failure to prove non-immigrant intent would have no impact on your K-1 interview so you don't need to worry about that. Just be sure that you admit to it on the necessary paperwork and during the interview - it won't count against you unless you lie about it.

Thanks Kathryn.. It would be my intention to have all of those things taken care of. I have the check list and am going through them all now.. gettting all the relevant paper work together. fortunatley (given the current UK housing market) I have just sold my house and moved home with my parents so would leave all the completed paper work with them ready to be sent at the right time thus returning home for a couple of weeks for medical/ interview... we can cope with a couple of weeks delay at the end of the process if need be but its the 3 months we have ahead of us now and christmas etc... which is the hard bit...we all know how that works though right.?

I am confident we can work with the process whilst being in the US.. it's the admission side of things that reall concerns me and the effects of a denial..so thanks for your answer on that one

Thanks again.. all help and input is appreciated.

[Kathryn41 3,205]

well, the only other concern you would have then is preparing a package of proof of ties to the UK in case you need to show you have intentions of going back instead of just staying. Bring copies of everything involved in the K-1 process to show that you are pursuing a legal route and being so close to its end are not likely to jeopardize the process. Not being employed and not having property or paying rent will be the biggest challenge so try and be creative to show you still have financial and material ties to the UK that need your attention to resolve. They may or may not ask for proof. 2 months isn't that long of a time, actually, and going over the Christmas holidays gives a little more understandable motivation for an extended trip.

So, think what you can provide as evidence of your ties to the UK, bring those with you and be prepared to show them if requested, and good luck with your travels.

[Slightly Bonkers 0]

I visited for 1 week post NOA2 but while waiting for Japanese police report. I had tons of proof, none of which was asked for.

It's a different situation, but I flew from Dublin so that I could go through immigration there.

It meant that if I had got refused I wouldn't have to pay for a flight home.

Maybe something to think about since you're in the UK, but double check your flight does go through immigration in Dublin if you decide to do it, as not all do.