What to do ?!?

[Veronik 19]

Hello everyone,

So I have a question and need your insight! Let me explain the situation first:

I was in the U.S from May 09 to November 09 and came back on the 180th day. So no overstay. We are currently waiting very impatiently for an interview date. We were thinking that if we do not get a date by June 18th, I would go and visit from June 30th to July 28th or to August 4th, to plan the wedding and everything.

Now, I KNOW that it is entirely up to the POE officer whether they'll let me in or not, but from your knowledge, am I going against any rules here (amount of time in the U.S last time, visiting while on K-1, etc...) ?

I was going to bring all our documents regarding the K-1. I cannot bring a letter from employer because I'm a teacher and will be out of work anyways at that point. I was thinking of bringing my last pay stub anyways.

So do you guys think it SHOULD be alright or are we taking a risk?

Thanks in advance for the help!

[Wishing 1]

Hey Vero...

I was just thinking if you have the P4 letter by the time you leave that would be gold...as then you have solid proof that you'll be back for the interview. And in all likelyhood we should have our P3s by the end of June. I mean if we don't then...

[bluenoser77 0]

Hello everyone,

So I have a question and need your insight! Let me explain the situation first:

I was in the U.S from May 09 to November 09 and came back on the 180th day. So no overstay. We are currently waiting very impatiently for an interview date. We were thinking that if we do not get a date by June 18th, I would go and visit from June 30th to July 28th or to August 4th, to plan the wedding and everything.

Now, I KNOW that it is entirely up to the POE officer whether they'll let me in or not, but from your knowledge, am I going against any rules here (amount of time in the U.S last time, visiting while on K-1, etc...) ?

I was going to bring all our documents regarding the K-1. I cannot bring a letter from employer because I'm a teacher and will be out of work anyways at that point. I was thinking of bringing my last pay stub anyways.

So do you guys think it SHOULD be alright or are we taking a risk?

Thanks in advance for the help!

Check this out from the VJ wiki:

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

You are taking a chance, so you should be prepared for the possibility of being turned back. However, I took this chance a few times and never had a problem. I was basically visiting my fiance for about 2 months, but it was broken up with trips back to canada. So, when asked how long I was visiting, my answer was always 2 or 3 weeks. I dind't have a job, apartment, or anything in canada (I had been living and working overseas) and only brought my K-1 application papers. I crossed the border by flight and by car. I always packed light- only a couple of bags and answered questions truthfully. The questions were usually 'what do you do for work? Answer: I teach ESL (I didn't mention that I was unemployed because they didn't ask) Why/who are you visiting (in) the states? How long are you going for? and 'Whose car is this (when driving- my fiance was always driving and it was his car). No problems, but I was always prepared to be turned away.

good luck!

[Hugglebuggles 60]

You didn't overstay on your last visit, and you've been back in Canada since November. I don't see any red flags with that. You aren't breaking any laws or "rules" as far as duration and frequency of visits go.

The only risk is the risk of being turned away. If you're fine with that possibility then go ahead with the visit. Without having strong prof of ties, you may or may not encounter a problem- It really depends on the officer you get at the border and how many questions they ask. But, I'm sure you're well aware of how that goes!

I would bring my K-1 NOA2 and something from your P3 (maybe the cover letter) and explain you're visiting for a few weeks while you await your visa interview in Montreal. I think that would help a lot. Why bother going to the US, marrying and attempting AOS when you're almost done with the visa process? It really wouldn't make any sense, and you'd think the CBP would think the same.

[Veronik 19]

Thank you so much guys! And thank you Hugglesbuggles for the reassurance!

We have decided to give each other until the 18th to see if we have an interview in July...

One last question: If I were to be turned back at the border, would this affect the K-1 approval?

[Flames9_RN 358]

It shouldn't as long as you told the TRUTH and didn't become all agitated and go postal,lol

[HeatDeath 430]

Thank you so much guys! And thank you Hugglesbuggles for the reassurance!

We have decided to give each other until the 18th to see if we have an interview in July...

One last question: If I were to be turned back at the border, would this affect the K-1 approval?

Being turned back at the border for insufficient ties to Canada has no effect whatsoever on your K-1 approval, or on being able to enter using a K-1 visa. It may affect being able to enter as a tourist in the future, but that's a totally different category than entering with a K-1 visa, and problems with entrances in one category don't affect entrances in another category.

Not that that second part even matters, since once you get your K-1 you will never enter the US as a visitor again. Doesn't that seem weird? After you enter as a K-1 you will stay in the US at least until you get your AP documents, and all subsequent entries will either be as an AOS applicant with AP, as a returning permanent resident or (maybe, eventually) as a returning US citizen. But any way you look at it, the issuance of your K-1 visa means you are permanently done as a Canadian visitor to the US, Feels weird when you think about it that way. We're so used, as Canadians, to having this nice/weird/oddball visitor status we can use in the US, it feels strange to think we won't be using that ever again.

Edited May 23, 2010 by HeatDeath

[trailmix 77]

Unless you leave the U.S. and forfeit your permanent residency (as my Husband has).

You assume no one will come back to live in Canada again

Then again, he is Australian, so different kettle of fish, but it is entirely within the realm of possibility!

[Veronik 19]

Thanks everyone for the help!

It's keeping us positive to think we'll see each other in a month or so, no matter if we have the interview in July... I'd rather have the interview in July though, wait a little longer and be home for good, but I'm not gonna start complaining!

Thanks again!