Entering US with pending K-1?

[Jennarationnext 0]

Hi, Guys. I'm new to the site and the whole fiance visa process. I'm so grateful to have that I've found this community for answers to questions, and future support that I know I'll appreciate; I don't know anyone in person that has had any experience with immigration.

So. My boyfriend and I finally decided to start the K-1 visa process. Right now we're in the stage of trying to figure out everything that's going to be needed, approximate time-lines, forms, etc. We're really just in the beginning stages. The I-129F flowchart and step-by-step instructions have been immensely helpful. I'm still waiting on his passport style photos, background form and letter of intent to marry to get here and we should have our I-129F package mailed by the end of the month.

I do still have one question that I haven't seemed to find a straight answer to. I know that this isn't going to be a short process. (I've really enjoyed looking through all of your time-line signatures to help give me an idea of how long this might take!) The problem is, I've used all of my vacation time at work to visit him over the past year. Even though I know that I won't have to deal with long-distance for much longer, I don't know if I can go more than a few months without seeing him. Have any of you had experience travelling to the US by plane while your K-1/I-129F is still in process?

What sort of proof of ties to Canada would US customs ask for? If possible, I'd like him to come and stay for a month or two(maybe more, if that would be possible) in August or so, travelling back to Vancouver when he receives his interview appointment. Of course I know he wouldn't be able to work while he's here, and that he couldn't overstay the 6 months as allowed by the Visa Waiver Program.

Would this be an issue? Would we need to fill out any additional forms to travel with a pending K-1?

Thank you so much for your help, and I look forward to being a part of this community!

[July09Bride 1]

Hi, Guys. I'm new to the site and the whole fiance visa process. I'm so grateful to have that I've found this community for answers to questions, and future support that I know I'll appreciate; I don't know anyone in person that has had any experience with immigration.

So. My boyfriend and I finally decided to start the K-1 visa process. Right now we're in the stage of trying to figure out everything that's going to be needed, approximate time-lines, forms, etc. We're really just in the beginning stages. The I-129F flowchart and step-by-step instructions have been immensely helpful. I'm still waiting on his passport style photos, background form and letter of intent to marry to get here and we should have our I-129F package mailed by the end of the month.

I do still have one question that I haven't seemed to find a straight answer to. I know that this isn't going to be a short process. (I've really enjoyed looking through all of your time-line signatures to help give me an idea of how long this might take!) The problem is, I've used all of my vacation time at work to visit him over the past year. Even though I know that I won't have to deal with long-distance for much longer, I don't know if I can go more than a few months without seeing him. Have any of you had experience travelling to the US by plane while your K-1/I-129F is still in process?

What sort of proof of ties to Canada would US customs ask for? If possible, I'd like him to come and stay for a month or two(maybe more, if that would be possible) in August or so, travelling back to Vancouver when he receives his interview appointment. Of course I know he wouldn't be able to work while he's here, and that he couldn't overstay the 6 months as allowed by the Visa Waiver Program.

Would this be an issue? Would we need to fill out any additional forms to travel with a pending K-1?

Thank you so much for your help, and I look forward to being a part of this community!

First of all, Jenna, welcome to VJ! This is an amazing community of people and although we're not experts, we'll give you the best answers we can and help as much as we can.

You're right. This isn't a fast process by any means, BUT, you can still travel back and forth. If he can demonstrate that he still owns property or rents, has a job and he can show a schedule, pretty much anything to show that he will be returning to Canada at some point. In fact, we actually used our I-129F paperwork once at a POE (point of entry). They asked my fiance' about returning and he said that we'd started the paperwork (pulled a copy out of the binder to show the CBP) and that he would in fact be returning b/c he didn't want his Visa application to be in jeopardy. The CBP seemed to be good with that.

Now, mind you we had it with us by sheer luck. But, after that, we never left home without it and always had it when one of us was crossing over the border. If you're dealing with airlines, he can show his return ticket as his "proof" to the CBP that he'll be returning, too.

Good luck on your journey and welcome again!

[Hugglebuggles 60]

Yes exactly what JulyBride said. Anything that can demonstrate you have ties to Canada and wouldn't want to abandon. A letter from an employer with a return date expected at work, a rent or mortgage contract, maybe something like custody papers if you have children, a car loan if you're leaving your wheels behind... Things like that. Prof of filling the petition (NOA) and/or a return plane ticket would also be very helpful, perhaps more helpful. In my travels to the US with a pending application I was never asked for evidence of ties to Canada, and many others will tell you the same. But its better safe then sorry!

Edited April 22, 2009 by Hugglebuggles

[Carlawarla 1]

Welcome to VJ Jenna! Make sure you check out the posted info here as well:

http://www.visajourney.com/wiki/index.php/Canada

Just wanted to say welcome, and to remind you about timelines in that if your fiance is going to be interviewed in Vancouver, your timeline will be greatly reduced with interviews sometimes coming within a month of sending back your Package 3.

[Krikit 1,164]

Of course I know he wouldn't be able to work while he's here, and that he couldn't overstay the 6 months as allowed by the Visa Waiver Program.

Hi Jenna. Welcome to VJ.

Technically, Canada is not part of the VWP. That's for citizens of certain countries who require a visa and it's only good for 3 months. Canadians don't require a visa. If you take a look at my signature there's a link in there for visitation FAQ's.

[SapphireDreams 71]

Welcome to VJ!

Like others have said, he can definitely travel back and forth, but just keep in mind that the longer he says he's going for, the more scrutiny he will get. It might be safer to take 2 or 3 shorter trips than one long one. I mean it's aways up to the discretion of the POE Officer, so no one ever knows for sure.

I visited 3 times during the process and wasn't asked for any ties.

[Flames9_RN 358]

My advice (traveled monthly to DC while the CR-1 was processing)

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3)keep ur response short and to the point, dont tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5)pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isnt going to get ya anywhere, and could make things worse!!

8) have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didnt lie! Refer to #1

Best of luck