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Andy and Kayla

Visiting the US while K1 is processing

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So, we are still waiting to begin the K1 process (need final divorce decree, but otherwise have most things ready to go, at the moment it's looking like we'll be able to file anywhere between late May and June) and so we probably (unless we're very, very lucky and things speed up a lot by then at VSC as well as Montreal :P) won't be getting the visa until early 2011.

We're very fortunate and have flexible schedules that will allow for a lot of visits during this time, which helps the waiting time. We were hoping for some shorter visits early in the year (he'll come up for a week in March and May and I'll come for maybe four weeks or so in June, then he'll be up here for a few weeks in the summertime). What we were hoping though was that I could spend the last bit of the year in the States for the holidays. It would be a longer stay, maybe eight weeks or so, maybe a little more, maybe less. This part of the timeline also depends on where we are in the K1 process as he would like to accompany me to the interview, and so we'd be planning around that too.

I guess my main question is how likely would I be denied at US customs with a long stay like that (~8-12 weeks)? I do not have very strong ties to Canada between having a very basic job and living with my mom (I recently finished post-secondary school) but I was wondering if the fact that we will be going through the K1 process would help me out a little bit in that it would be indicate that yes, I would like to immigrate, we are doing it the legal way.

Thoughts?

Our Journey

The Beginning

Early 2009 -- Met on WoW

September 2009 -- Fell in love

May 14 2010 - Officially engaged! smile.png

K1 Journey

September 17, 2010 - NOA1

March 14, 2011 - RFE

April 18, 2011 - NOA2

August 12, 2011 - Interview - Approved!

August 20, 2011 - POE

September 10, 2011 - Married!

AOS Journey

November 17, 2011 - AOS packet sent

November 21, 2011 - NOA1

December 14, 2011 - Case transferred

December 28, 2011 - Biometrics appt

January 18, 2012 - EAD/AP approved! Card production ordered!

January 28, 2012 - EAD/AP card in hand

July 2, 2012 - AOS approved! Card production ordered!

July 7, 2012 - GC in hand

Removal of Conitions

April 29, 2014 - Packet sent

May 6, 2014 - NOA1

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Filed: Citizen (apr) Country: Canada
Timeline

We cannot tell you the likelihood of you being granted entry as that is totally up to the border patrol. The stronger ties to Canada the better your chances are.

However the K-1 visa may (or may not) work against you as it is clear that you have intentions of eventually living in the US as an immigrant. The CBP are trained to suspect that all tourists have immigrant intent until they are proven otherwise.

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

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50/50 % chance of being turned away.

Strong ties is looked upon more in your favor.

Going through the K-1 doesn't give you anymore weight, indeed, it may work against you, since you might be planning on immigrating on this visit! :ph34r:

However, Canadians are given more lee way than others - so just be prepared and answer honestly.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: Citizen (pnd) Country: Canada
Timeline

As long as your passport has validity beyond the length of your stay (I think 6 months passed the end of your stay from something I read somewhere), and you tell the truth to the border guard "I am going to visit my fiance' for x number of weeks/days for a vacation" you should be fine. There are those that say to have a copy of bills/letter from employer, etc that say you are going back to Canada. Just don't take all your belongings with you, just enough for the length of trip you are taking.

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50/50 % chance of being turned away.

Strong ties is looked upon more in your favor.

Going through the K-1 doesn't give you anymore weight, indeed, it may work against you, since you might be planning on immigrating on this visit! :ph34r:

However, Canadians are given more lee way than others - so just be prepared and answer honestly.

50-50 is pretty chancey. If it was actually 50-50, especially from Canada, we would see a LOT more "They didn't let me in!!" threads.

I'll be conservative and say it's more 95% get in, 5% don't. (I think it's probably better than that)

An 8-12 week visit isn't that long considering that Canadians are usually stamped in for 6 months.

Check out the visiting FAQ for a list of proof of ties. Nik has been granted entry all 3 times he came over to visit - once for 90 days, and another time during the petition processing. I always advise that the most important thing to bring is a return ticket, but if you don't have one for some reason, the other proofs will do you just as well (we have personal experience - printer ran out of ink!).

http://www.visajourney.com/forums/index.ph...mp;page=k1visit

K-1:

January 28, 2009: NOA1

June 4, 2009: Interview - APPROVED!!!

October 11, 2009: Wedding

AOS:

December 23, 2009: NOA1!

January 22, 2010: Bogus RFE corrected through congressional inquiry "EAD waiting on biometrics only" Read about it here.

March 15, 2010: AOS interview - RFE for I-693 vaccination supplement - CS signed part 6!

March 27, 2010: Green Card recieved

ROC:

March 1, 2012: Mailed ROC package

March 7, 2012: Tracking says "notice left"...after a phone call to post office.

More detailed time line in profile.

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Filed: K-1 Visa Country: England
Timeline

Just from my experience I visited while we had started the K-1 process a few months earlier. Had no problems at the boarder, guy just asked what the purpose of my visit was, told him I was there to see my girlfriend, asked a few more routine questions and that was it, took my fingerprints, photo as standard and went straight on through. He was pretty friendly and we were joking about the diffrences between American football and rugby as I was going to see my soon to be brother-in-laws match while I was there.

Ive no idea if they have access to the databases that hold if we had a K1 visa in process or not, he certainly didn't give any impression that he had any idea that I was. I took alot of paperwork with me though just incase, phone bills, letter from my manager to say I had to be back at work the day after I departed etc. A return ticket from what I gather is usually all they need to show that you won't be staying there, he didn't even look at mine, just my passport and that was that.

Personally I think as long as you take enough evidence with you showing you have strong ties back home, commitments such as bills, a job etc then you should be fine. But as others said theres no guarantee, you can be turned back so be prepared if you do intend to take the risk.

08-15-09 -- I-129F Sent! Here we go!!

05-20-10 -- K1 Approved!!!!!

06-29-10 -- Mike flys into the USA

09-18-10 -- Wedding!!

10-16-10 -- EAD/AOS Mailed

10-23-10 -- Biometrics appt received, 17 Nov!

event.png

event.png

event.png

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So, we are still waiting to begin the K1 process (need final divorce decree, but otherwise have most things ready to go, at the moment it's looking like we'll be able to file anywhere between late May and June) and so we probably (unless we're very, very lucky and things speed up a lot by then at VSC as well as Montreal :P) won't be getting the visa until early 2011.

We're very fortunate and have flexible schedules that will allow for a lot of visits during this time, which helps the waiting time. We were hoping for some shorter visits early in the year (he'll come up for a week in March and May and I'll come for maybe four weeks or so in June, then he'll be up here for a few weeks in the summertime). What we were hoping though was that I could spend the last bit of the year in the States for the holidays. It would be a longer stay, maybe eight weeks or so, maybe a little more, maybe less. This part of the timeline also depends on where we are in the K1 process as he would like to accompany me to the interview, and so we'd be planning around that too.

I guess my main question is how likely would I be denied at US customs with a long stay like that (~8-12 weeks)? I do not have very strong ties to Canada between having a very basic job and living with my mom (I recently finished post-secondary school) but I was wondering if the fact that we will be going through the K1 process would help me out a little bit in that it would be indicate that yes, I would like to immigrate, we are doing it the legal way.

Thoughts?

99.99% chance - you will be granted entry

0.01% chance - you will be denied

Answer only what the CBP officer asks you - there is no need to volunteer additional information. For e.g.

Why are you visiting the U.S? to spend my vacation from work - technically you are on vacation to visit u r boyfriend

Have you been to the US before? Yes, mention the dates and say that was also on vacation and that you like to spend your vacation in US

Again you are not doing something illegal - if you are asked explicitly, do you have a bf in US? you have to say YES, you might incur some additional questioning but I dont think you will be denied entry unless you have tons of

(1) money (2) luggage with you and it is obvious that you are moving here.

To guarantee a 100% entry, carry a letter from your employer, I always do that which states you have been employed since xxxx and you earn xxxx and you will be on a vacation from xx/xx to xx/xx. This is not really necessary but is a very solid proof especially if its on the company letter head along with a business card :)

Enjoy your trip to USA!

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