Visiting the US for several months while K1 is processing

[Linasaur 0]

Hi guys! I'm going to jump into this question right away before it gets all muddled in my head.

Boyfriend from Montreal and I have sent our I129F package mid-February, and are currently waiting on edge for the highly anticipated NOA2. All seems well so far, though the last touch was on 2/24/10 (rawr). His last semester of classes ends April 19th, and so we're thinking of him visiting down here a few days after.

Here's the issue: we want that visit to be as long as legally possible, without running into issues that could jeopardize this whole thing. Last year he tried coming in with a return ticket for two months after the entry flight, and customs gave him so much ####### about it that he missed his connecting flight and ended up stranded in Toronto for a day. Definitely don't want to repeat that! They let him through the next morning, but it was horribly nerve-wrecking for both of us.

So what can we do to avoid a repeat of that? Have a copy of the NOA1 to prove that he has to return for the medical exams and interview, no matter what? Is there someone we need to talk to ahead of time to ensure it goes smoothly? What if we bought a (refundable) return ticket dated much sooner, but then canceled it and had him stay the legal 90 days? (Or a bit less, to be safe.) I'm having a hard time imagining what could go wrong, so I'd really appreciate you guys helping us make this fool-proof

[Bobby+Umit 161]

Hi guys! I'm going to jump into this question right away before it gets all muddled in my head.

Boyfriend from Montreal and I have sent our I129F package mid-February, and are currently waiting on edge for the highly anticipated NOA2. All seems well so far, though the last touch was on 2/24/10 (rawr). His last semester of classes ends April 19th, and so we're thinking of him visiting down here a few days after.

Here's the issue: we want that visit to be as long as legally possible, without running into issues that could jeopardize this whole thing. Last year he tried coming in with a return ticket for two months after the entry flight, and customs gave him so much ####### about it that he missed his connecting flight and ended up stranded in Toronto for a day. Definitely don't want to repeat that! They let him through the next morning, but it was horribly nerve-wrecking for both of us.

So what can we do to avoid a repeat of that? Have a copy of the NOA1 to prove that he has to return for the medical exams and interview, no matter what? Is there someone we need to talk to ahead of time to ensure it goes smoothly? What if we bought a (refundable) return ticket dated much sooner, but then canceled it and had him stay the legal 90 days? (Or a bit less, to be safe.) I'm having a hard time imagining what could go wrong, so I'd really appreciate you guys helping us make this fool-proof

Show strong ties and tell the truth.

Umit visited me while our K-1 was in process, and was even asked about it, was given 6 months to visit.

Just buy the ticket (return) for dates within the normal visiting time allowed. If they give you more, then your good, if not, well, you can get it refunded anyway. (if they even sell tickets like that anymore )

(BTW - I believe the most time they will allow is 6 months, not 7 - so don't plan on that)

Edited March 18, 2010 by Bobby+Umit

[Linasaur 0]

Ooh, 6 months. For some reason I kept thinking 90 days is the maximum. (That's all we need anyway, really.) Thank you for the advice! :]

[Linasaur 0]

So, we have the NOA1 as proof of intent to return. Unfortunately, that's all I can think of right now. He's not renting, this is his last school semester, and there's no current job to tie him to Montreal. Are there any other possibilities that are not coming to my mind right now?

[Nik+Heather 121]

There is a list of things which can show proof of ties in the FAQ on fiance's visiting during the process.

Here's a link.

http://www.visajourney.com/content/k1visit

[Golden_State 2]

Another thing to keep in mind is that he'll have to show he has money to support himself while in the US (even if it's just for the necessities). Have him bring in a bank statement showing that he has some savings. That will show that he will not be looking for illegal work (which is something customs is concerned about, obviously).

[Kimbear 53]

and to be technical, it's 180 days total in a year. However there has been discussion on when the Year commences and ends for the purpose of visitation.

make sure to bring ties..like does he have an apt or a house he will have to pay rent for. is it a temp leave from his work and will he be going back? any children he will leave behind while he is in usa? Will he have enough money to support himself while he is in the usa?

these are all things they will probably ask. to be on the safe side i waited for my noa2, thus all i had to say was "i'm waiting for my interview date"

[Linasaur 0]

Yeah, the problem is that he's living with family (no rent), he just finished his last semester of classes (no school), and he's not employed (no job ties). And no kids (thankfully, at 22!). This means our proof of ties list is extremely limited.

However, yesterday I started compiling a packet for him to bring to customs to help with possible questioning:

* copy of entire i129F application

* itinerary with return ticket

* letter of "Intent to Return" stating why he can't overstay his visit without risking the visa request

* copy of NOA1

* letter from me of "Financial Support" stating that I'll cover our expenses, with my attached checking and savings statements. He'll end up attaching one from him too.

Compiled together, it gives a very responsible appearance and I think it should be convincing that we're doing everything legally. Going to cross fingers, still.

Thanks for all the answers, VJers!

[rushica03 2]

and to be technical, it's 180 days total in a year. However there has been discussion on when the Year commences and ends for the purpose of visitation.

make sure to bring ties..like does he have an apt or a house he will have to pay rent for. is it a temp leave from his work and will he be going back? any children he will leave behind while he is in usa? Will he have enough money to support himself while he is in the usa?

these are all things they will probably ask. to be on the safe side i waited for my noa2, thus all i had to say was "i'm waiting for my interview date"

We were just approved for our NOA2 I plan to go visit my fiance in Mexico and have him come back with me while we wait to go to his interview. I see you mentioned you did the same and said you are going to wait on your interview, did you have a return flight? Did they ask you any other questions?

[Kimbear 53]

We were just approved for our NOA2 I plan to go visit my fiance in Mexico and have him come back with me while we wait to go to his interview. I see you mentioned you did the same and said you are going to wait on your interview, did you have a return flight? Did they ask you any other questions?

the only thing they asked me ( btw it was in secondary every time) was how long i was staying for and when my interview was. And if my rent was paid for the month and proof of that.

[rushica03 2]

the only thing they asked me ( btw it was in secondary every time) was how long i was staying for and when my interview was. And if my rent was paid for the month and proof of that.

In Mexico they just send you an open appointment letter so we can go any day they are open between 8-10am so we will not be able to give them an exact date, hope this will not be a problem. After the interview he doesn't plan on going back to Mexico so he will not have any "proof of ties" as they call them. I was really hoping use flying in together and showing the NOA2 would replace the possiblity of them asking for proof of ties or a return flight already booked. When he came in on his tourist visa last September the officer just asked the reason for his trip and who he would be staying with and approved him for 6 months stay, which he stayed for 5 months. Can anyone else shares there experiences of their SO coming in after receiving the NOA2 but waiting on the interview?

Sorry it may just be me being a little slow what do you mean it was in secondary every time

[Nik+Heather 121]

( btw it was in secondary every time)

That's another good warning. Nik has been through secondary most visits to me. If the visitor is mentally prepared for this extra questioning, it will probably be less upsetting...

[Kimbear 53]

Secondary is where they dont let you across the border right away. it's also where you will ultimately go to activate your visa. Its a separate building next to where you cross and speak to the border guards.

The first two times i was refused i was photographed, fingerprinted etc. So on the third try to cross the border i was prepared to automatically go to secondary. Like you said NIk&Heather, being mentally prepared for that helps immensely.

I had everything organized paperwork wise and was handing it to the CBP officer inside before he even asked for it. Secondary is rather routine now for me and i'm very used to it lol.

[rushica03 2]

Secondary is where they dont let you across the border right away. it's also where you will ultimately go to activate your visa. Its a separate building next to where you cross and speak to the border guards.

The first two times i was refused i was photographed, fingerprinted etc. So on the third try to cross the border i was prepared to automatically go to secondary. Like you said NIk&Heather, being mentally prepared for that helps immensely.

I had everything organized paperwork wise and was handing it to the CBP officer inside before he even asked for it. Secondary is rather routine now for me and i'm very used to it lol.

Gotcha thanks for the heads up, now I will not get freaked out when it happens!