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

[SCFsnoopy 0]

Thanks for all the answers guys.

I think I will risk the trip, as you've said, all I really stand to lose is the cost of the ticket (and the frustration of not seeing Jesse). To me, the chance of seeing him is worth the money =)

I think it would be much harder for someone who doesn't come from a Visa Waiver country and would have to get a visitor's or tourist visa to visit the States - then I could understand why they get turned away, as my understanding is that you can't have a visa while another is pending. Since I'm technically visiting on NO visa, it's not an issue for me.

So far for my proof of ties I will have:

Letter from my employer on company (DHL) letterhead stating my vacation dates and date expected back at work.

Letter from my landlords stating rent paid in advance and expected date of return and next rent due, along with rent receipts.

Copy of my cell phone contract, recent bank statements, my copy of our K-1 packet and hopefully a copy of the NOA1.

I think I should be set =)

[Brit Abroad 166]

To be honest, I think your past would actually count in your favour, rather than against you. At least, to anyone with a few brain cells, anyway!

Fact: You entered previously under suspicious circumstances, were interviewed and cleared for the visit; but you also left voluntarily within the terms of your visa waiver as a visitor does.

If you were going to marry your fiance illegally, surely you'd have done it when the opportunity was there????

If they query your visit just tell them about your past and point out politely that you have no intention of getting married, otherwise you wouldn't have gone to the trouble and expense of a K1.

It's not like Australia's a high fraud country so your chances of being denied the fiancee visa are pretty low. Customs/Immigration Officers might occasionally be rude, but they aren't stupid.

Also, if you have a wedding planned where people will be coming, bring any supporting evidence that it's planned for the future (bookings, receipts etc). This REALLY reassures them.

Edited April 20, 2009 by Brit Abroad

[Mrs. Disney 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 wait for the whole K-1 process to be over and then fly to the States. Most people won't have a problem entering the US on another visa while waiting for the Fiance Visa, but I wouldn't risk it and be one of people who have had trouble upon entering the US. Good luck!

[Ed+Cindy 1]

While I don't believe the 10 year ban story, I would advise caution.

We had CBP issues with an entry last Oct. My fiance was legal and had the right documents, etc.

So much of it is just luck. Some POEs are better than others. We used what we later found out was a terrible POE (lots of reports of problems there) - British Columbia / Washington border.

Being turned around won't deny your K-1, but it could make it take longer. You would have a file with CBP, which could force your case to more background checks - I have some data to prove this.

If its just a two weeks visit, why not go somewhere other than the US. Meet in the fiance's country, or even Canada or Mexico?

Best of luck whatever.

[SCFsnoopy 0]

While I don't believe the 10 year ban story, I would advise caution.

We had CBP issues with an entry last Oct. My fiance was legal and had the right documents, etc.

So much of it is just luck. Some POEs are better than others. We used what we later found out was a terrible POE (lots of reports of problems there) - British Columbia / Washington border.

Being turned around won't deny your K-1, but it could make it take longer. You would have a file with CBP, which could force your case to more background checks - I have some data to prove this.

If its just a two weeks visit, why not go somewhere other than the US. Meet in the fiance's country, or even Canada or Mexico?

Best of luck whatever.

It's a neat idea to meet him somewhere else, I wish I had thought of that but I don't think it would've been possible anyway. Jesse just came to visit me in Australia in March and he's pretty broke from that trip so he wouldn't be able to afford another trip (him getting time off work is another issue). I happen to have a little spare money and ticket prices are good, besides which, I really miss my other friends in New York and would like to visit them as well as look around at a couple of places for the wedding.

I've just bought a ticket and I'll be entering through LAX. I've entered through there twice before with no problems (except for the GIGANTIC line) so I'm hoping it won't be too bad this time either. When I entered through Anchorage and had all that drama with Homeland Security, it was late at night and we were the only plane entering in that time frame, so I think they could afford to waste time on me (they could certainly spare the manpower!) There was a young girl entering with her whole family, supposedly on a student visa but with no proof on them that she had a place at the school she was supposed to attend, and they gave me more trouble than her.