USCIS said he CANNOT visit

[Kristy S 13]

I just called USCIS to verify that my G-28 was properly attached to my 129 (we have been having problems with getting information mixed up since they received it). While on the phone with her I mentioned him coming to visit for the holidays and she informed me that he IS NOT allowed to visit while the fiance visa is in the process of approving, under NO circumstances.

She said he WILL be turned away, and it might count against us as him trying to illegally enter the country.

What is the story here? I'm seeing other people visiting, I don't get it

[RichiJenny 14]

They may be erring on the side of caution. Its not a confirmed denial into the US - but its definitely a risk. If stong ties, financial, employment can be shown at the point of entry, the chances are improved, but its not a dead cert.

[thelastpetitioner 218]

it will be hard,very hard,he will have to show very strong ties to the UK,and he will most likely be given hell at POE ,but its not impossible

[Brother Hesekiel 2,236]

As long as no K-1 has been issued, the fiance can visit using the VWP. Of course, every single time anybody is knocking on America's door, it's at the CBP officer to deny entry based, among other things, on presumed immigration intent. That's standard hogwash. So if asked what he wants to do, he would have to answer truthfully: spend the holidays with loved onces. Unless the CBP officer is a bit paranoid or has a really bad day, I don't see any problems. The fact that a K-1 petition is running shows that you guys are playing by the rules.

[Deputy Purple 1,294]

Having an Immigrant Visa Petition in the works isn't an automatic denial of entry. Her should bring plenty of evidence of strong ties to return and also the NOA-1 from the I-129f so show he is doing it the proper way.

[TracyTN 237]

USCIS has no dog in this hunt as they do not make the decisions at the border as to who is let in and who isn't. That's down to CBP officers. This would likely be another case of the infamous USCIS 800 MISinformation line striking again...!

A G 28 with your I 129f? Interesting!

[Kristy S 13]

A G 28 with your I 129f? Interesting!

ugh, yeah, i was scared to do it on my own and hired a lawyer...shoulda just saved the 1700$ and taken a whack at it on my own

[TracyTN 237]

Well, I just mainly thought the chances of the UK citizen having to appear before USCIS officials would be almost nil for the I 129f process. Once the petition is approved, it's out of USCIS' hands and over to the Dept of State for the visa.

[Kristy S 13]

the G-28 is for our attorney to be able to deal with the proceedings

[gap1 21]

I just called USCIS to verify that my G-28 was properly attached to my 129 (we have been having problems with getting information mixed up since they received it). While on the phone with her I mentioned him coming to visit for the holidays and she informed me that he IS NOT allowed to visit while the fiance visa is in the process of approving, under NO circumstances.

She said he WILL be turned away, and it might count against us as him trying to illegally enter the country.

What is the story here? I'm seeing other people visiting, I don't get it

That's not at all true. My British fiance just visited without any problems a few weeks ago. Many applicants from VWP countries visit multiple times without issue. He just has to be prepared to show ties to the UK (lease, letter from employer, etc.). My fiance wasn't even asked to show paperwork, but he had a lot on hand just in case.

Unless your fiance has some sort of special circumstance (previously overstayed a visa or has already spent a large amount of time in the US this year), he should be fine.

[TracyTN 237]

the G-28 is for our attorney to be able to deal with the proceedings

I know - but which proceedings? You don't have to file that form in order for the attorney to help you with the paperwork, etc. At least not to my knowledge. The info on USCIS' page about that form says 'will appear before U.S. Citizenship and Immigration Services on behalf of a person involved in a matter before USCIS.' There's no need for an attorney - or anyone - to appear before USCIS for a petition. Unless something goes dreadfully wrong somehow.

Edited November 9, 2010 by TracyTN

[Kristy S 13]

i just called the customs and border control people, and they said that he will probably be allowed through, but IF he is turned away that it will probably mean our k1 not getting approved. any thoughts?

I know - but which proceedings? You don't have to file that form in order for the attorney to help you with the paperwork, etc. At least not to my knowledge. The info on USCIS' page about that form says 'will appear before U.S. Citizenship and Immigration Services on behalf of a person involved in a matter before USCIS.' There's no need for an attorney - or anyone - to appear before USCIS for a petition. Unless something goes dreadfully wrong somehow.

the attorney said something about it mostly being for the stuff after the approval of the k1, we hired him for the whole process up to and including the green card.

it's not that i thought i couldn't do it, it's just that i run a business and have 3 kids and have so much to deal with anyways, that i thought this would be one less thing for me to stress about non-stop (silly me right?)

[gap1 21]

i just called the customs and border control people, and they said that he will probably be allowed through, but IF he is turned away that it will probably mean our k1 not getting approved. any thoughts?

I don't think that's true at all. If they turn him away, he just goes back home and that's that.

[Kristy S 13]

I don't think that's true at all. If they turn him away, he just goes back home and that's that.

they said it could be taken as him trying to circumvent the system and enter illegally

[ameribrit 37]

they said it could be taken as him trying to circumvent the system and enter illegally

I have read of a few people being turned away at POE before, but it hasn't affected their visa approval in the slightest. As i remember they were asked at interview stage if they had ever been denied entry to the USA, and on explaining the circumstances it made no impact on their visa approval. Especially going through a low fruad consolute.

Anyway, we are getting ahead of ourselves here. If he shows strong ties to the U.K. and a return ticket home, he hasn't overstayed before and he has no criminal history, it is unlikely he will be denied. People travel whilst in process all the time.

Just remind him to be answer any question from the CBP officer honestly. Missrepresentation is a far bigger mess to the visa process