Visiting the US while K1 Visa is pending

[carolineden11 2]

Hi,

I am a Canadian citizen and my American fiance is about the file form I-129F. Once we have filed this form, am I able to enter the United States to visit my fiance? We have a 2 weeks trip to California planned. When I called the US Customs and Border Protection Office I received mixed information. The first lady I talked to said it was extremely difficult and if I am denied access to the United States then I may not be able to apply for a K1 visa. When I called and spoke with the customs officers at the bridge and tunnel in Detroit, they both said it wouldn't be a problem as long as I can provide sufficient proof that I have ties in Canada. I am currently a Master's student in Canada so it would be no problem for me to provide proof of enrollment at the University. Has anyone else had experience crossing the border while your K1 visa is pending?

[sachinky 465]

Entry is at the discretion of the CBP at POE but yes, your chances of entry are stronger if you are able to prove strong ties to Canada.

Good luck and welcome to VJ!

[carolineden11 2]

Thank you for your advice! Did you ever try to cross the border yourself while your visa was pending or is this what you think would happen? What happens to my K1 visa application if I am denied entry into the country?

[CQ & CS 2]

Thank you for your advice! Did you ever try to cross the border yourself while your visa was pending or is this what you think would happen? What happens to my K1 visa application if I am denied entry into the country?

It's okay to visit and yes the CBP has final say. Make sure you have your return ticket and lots of document to prove your ties to Canada. It won't affect your K-1 application in case your are denied; it was told by the CBP who denied my entry back in Oct 2009. My petition got approved last month and I passed interview this month. Good Luck!

You should visit Canada Portal where many of Canadian VJers have similar situation.

[sachinky 465]

I'm from India and therefore, I could not travel to the US while my spousal visa was pending as I would require a separate tourist visa.

But other Canadian members have had a relatively high rate of success in crossing the border while their CR-1/K-1s were pending. I'm sure some of them will shortly stop by to offer their personal experiences. This is also a VERY common question on the forums so a quick search should confirm what I'm telling you is, in fact, correct.

Your K-1 application will not be affected even if you are denied entry as a visitor based on 'lack of sufficient ties.'

[carolineden11 2]

I really appreciate your advice and support. This website is great!

[Waza 0]

Hi,

I am a Canadian citizen and my American fiance is about the file form I-129F. Once we have filed this form, am I able to enter the United States to visit my fiance? We have a 2 weeks trip to California planned. When I called the US Customs and Border Protection Office I received mixed information. The first lady I talked to said it was extremely difficult and if I am denied access to the United States then I may not be able to apply for a K1 visa. When I called and spoke with the customs officers at the bridge and tunnel in Detroit, they both said it wouldn't be a problem as long as I can provide sufficient proof that I have ties in Canada. I am currently a Master's student in Canada so it would be no problem for me to provide proof of enrollment at the University. Has anyone else had experience crossing the border while your K1 visa is pending?

Hi There,

I was halfway through my K-1 Visa when i went to the States to see my fiancee in Chicago. i took all sorts of ties to the UK after being advised on here to do so. There were no problems at all they didn't ask anything different than normal, only said " Have a great vacation" and that was it.

Waza

[canadian_wife 1,822]

I was denied entry twice before we applied for our visa. It is certainly no fun so make sure you have strong ties to Canada before you attempt to cross, plus - include a copy of your I-129F packet

If denied, it will not affect your K-1 application. You will have to disclose it and answer questions about it, as I did, but you'll be fine if you tell the truth

Good luck

[Bazaldinho 0]

I am hopefully going to be in the same situation, but coming from England. So am I thinking it should be ok Waza?

[cristina16 81]

This is an old thread but I will be in this boat next month. Anyone with this experience recently?

I will be visiting the US next month, I have a previously issued B1/B2 visa and have visited US in the past. Now that we filed our I-129F I am a little worried if that would be a problem.

Appreciate your thoughts on this.

Regards,

E