Travelling to USA while waiting for NOA2

[paul. 0]

Guys and Gals,

With the current USCIS processing times, it looks like, if all goes well, my NOA2 may come through in mid to late December.

I am hoping to go to my new home for Christmas as I've been away from the USA since June 15th 2008. I plan to travel from the 15th December 2008 to 15th January 2009, so that when I Arrive back I can get cracking with the NVC deal.

I know that getting in to the USA could be difficult, I am prepared to be sent back. I have no ties in the UK, other than an agency job I am keeping on, so I can move quickly when I get the visa (I am anxious as I have a job ready and waiting for me in the US).

Can anyone advise me if this is a bad idea, or indeed illegal? I don't think it is (obviously), but my wife is worried I will get caught out and be denied a visa. Is this a possibility? Has anyone else done this recently?

Thanks, Paul.

[YuAndDan 153]

FAQ: http://www.visajourney.com/faq/k1k2visa-application.html#4.6 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started? (Applies to ALL spousal visa types)

One thing I like telling persons from UK is to try using Dublin or Shanon IRL as a connection, that is first travel to IRL and then take international flight from there.

Shannon and Dublin are PRE-Check locations for US POE, if they deny you there it is a shorter trip back home.

Edited October 27, 2008 by YuAndDan

[paul. 0]

Just for info, I am flying out anyway in 2 days for thanksgiving, I just decided to do it and if it don't work, it don't work. My only hope is that it doesn't "black mark" my visa application if I get turned home.

I am going to fly via Toronto in to Kansas city and will stay until just after christmas. Now I just need to round up my documents to prove I am coming back here...

[jeepcoma 0]

My wife just arrived for the holidays, we're at the NOA1 stage still. This is her second trip to the states while waiting for our conditional permanent residency. Both trips were just on a regular 90 day tourist visa granted at the POE. She came via LA from Sydney (not that it helps you).

The first time, we had a whole bunch of supporting documentation to prove she was returning beyond a return ticket, like a doctor's appointment and a letter from her employer. This time we had much less, but the customs agent didn't even ask anything.

Good luck!

[PB&JAM 1]

Just for info, I am flying out anyway in 2 days for thanksgiving, I just decided to do it and if it don't work, it don't work. My only hope is that it doesn't "black mark" my visa application if I get turned home.

I am going to fly via Toronto in to Kansas city and will stay until just after christmas. Now I just need to round up my documents to prove I am coming back here...

Honestly, i think u should be fine. My fiance has come out during our process. they asked him a couple Qs but never asked for proof or anything at all. Just tell them that you are visiting ur fiance (just be honest). you'll be fine, i'm positive.

Also...it wont hurt ur visa app. it will only look good that you are trying to visit your fiance! more proof of your ongoing relationship!

Edited November 12, 2008 by PB&JAM

[paul. 0]

Thanks for the confidence booster PJ&JAM, I am just leaving for Heathrow now as I have an early flight through Toronto tomorrow morning.

I am SO nervous though. I served in quite a few war zones in the last 10 years, so I kinda figured I could handle my nerves, but this is something else. It's her birthday on Friday morning, my wife doesn't know I'm coming and I hope to get there bang on midnight to surprise her! The flip-side is, if I do get turned away at what I am guessing is Toronto POE, then I have a 14 hour flight home, a 6 hour train ride and a 30 minute taxi and I'll be lucky to even call her on her big day...plus I'll be out of pocket by about 700 quid in total. So I have plenty to be nervous about, but I am going to head in with pseudo-confidence, as I believe looking nervous will only prove suspicious...!

edited to say that I am staying till January 9th, so am a little worried that because I'm not just going for Thanksgiving, but for the full festive season, it may arouse suspicion...but as above, confidence....confidence, LOL.

Edited November 12, 2008 by paul.

[frali 2]

Good luck man. Hope it goes well.

Just out of curosity have you been transferred to CSC?

[cris11 0]

Good luck! I had come back from US for two weeks ago, I have my case pending. No problems at the airport, I had all proof with me, but they didnt ask anything, only -Welcome back to US. I fly back to US next month, I plan to celebrate Christmas with my husbands family there, becuase I think my K3 going to e approved next year

[paul. 0]

Guys, just FYI for everyone. I entered at Toronto, had no documents with me to prove I was returning but decided to be very confident and walk up with a crisp "good morning" and a smile, as I knew I had nothing to worry about really, I'm completely entitled to visit my wife and family. I think this positive aura rubbed off as I knew immediately that I was going to get through because the guy just smiled back and was like "good morning too" in a very friendly way". I then got asked if I was business or pleasure trip, I stated visiting friends and family for the festive season, just a little early to avoid the thanksgiving rush (a little humor does wonders to ease the situation) and then he said, well enjoy your trip", after having me do a fingerprint scan and a webcam picture.

This was by far the easiest and most friendly POE I have used and I think I'll travel this way every time as I've gotten depressed at how awful some Immigration Officers are elsewhere, this was such a breath of fresh air.

oh and I don't think I have been transferred to CSC - I wish...

Edited November 14, 2008 by paul.

[Uncle Wally 2]

My wife (also from a Visa Waiver Program country) risked it and entered the country without incident this past summer while we were waiting for the NOA2. She brought bank statements showing she had money still in Japan and a letter from her old boss saying that she was only taking a leave of absence from work (the letter was bull$h!t- I bribed him with a couple nice bottles of Californian wine that I sent). Basically stuff to show the passport-stamper a$$hole at the airport that she had a reason to return to Japan within the 90 days allowed for the VWP.

She never had to show anything, though. She said the kid who stamped her passport seemed more interested in the arrival of 5:00 than he was in her reasons to enter the country. She even told him that she was here to "visit her husband" when asked.

I have an immigration attorney who told me to have her bring all that #######. He said there'd be no guarantee she'd get in, but that she should be completely honest and not try to pretend she was coming to take pictures of the Statue of Liberty or some bollocks. And if they denied her entry, she should say "I formally withdraw my intent to enter the country at this time" (or something like that), and it would have no negative impact on her visa down the road.

One other thing he told me was that if they really started grilling her, she should basically say "Look- we applied for this visa months ago, and it's taking much longer than we expected. It seems like it's gonna take a bit longer, so we thought it would be nice to at least spend part of the summer together while we wait." I also provided her with a notarized letter explaining just that for her to show if needed, as well.

We got to spend the summer together, and the NOA2 arrived a couple days before she went home, which was nice (nicer would be if those jackasses got their $h!t together and took less than a year to hand out visas to spouses of US citizens from staunch American allies).

I say go for it. You run the risk of being turned around, but the risk seems worth it. Just bring stuff to prove you're going home and be honest with them.

[paul. 0]

Yeah, as I mentioned, I am in Oklahoma now...so happy as I made it for her birthday. She about passed out when she saw me, as I purposely hadn't told her I was coming in case I got turned back. Fortunately though, it became her best birthday ever.

I agree on the visa issue about allies and all, if this was the other way around, we'd have been living happily in London since June 08 I reckon as the visa is a matter of weeks rather than years.

[emma_australia 0]

My wife just arrived for the holidays, we're at the NOA1 stage still. This is her second trip to the states while waiting for our conditional permanent residency. Both trips were just on a regular 90 day tourist visa granted at the POE. She came via LA from Sydney (not that it helps you).

The first time, we had a whole bunch of supporting documentation to prove she was returning beyond a return ticket, like a doctor's appointment and a letter from her employer. This time we had much less, but the customs agent didn't even ask anything.

Good luck!

YOU HAVE MADE my day! lol! I am travelling to LA via Syd.. it wil be my 2nd trip, last one in June only for a month..... tHIS trip same time line 4wks.... I have docter letter, emplyer letter etc.... Last time i was not asked anything but what brings you here... UM......A HOLIDAY! I always get nervous i swear i look like a drugg courier freaking out! lol! Im hoping they dont ask me any questions this time neither. I dont have my NOA2 back as yet its been nearly 6mnths waiting to hear back on the rfe paperwork i sent them! well anyways thanks for calming my nerves! Emmm