USCIS said he CANNOT visit

[Nik+Heather 121]

Wow I am so sorry you are getting so much misinformation from "official" sources.

1. He can absolutely visit you when the petition is in process. Nik did this. No issues whatsoever, and they even asked us about his trip at the green card interview! Now, there may be some other factors which would prevent his visiting on VWP - for example, if he had a criminal history. Did this come up in the conversation at all? Or was the ONLY reason that he had a petition in progress? Nik was honest in his CBP interactions (though they did take him into secondary inspection) he said he had a fiance, and he showed them the receipt notice from our K-1, and it was actually the filing of the petition that prompted them to stamp him into the country, so it's really the proof that he'll return to the UK which matters.

2. Simply being denied entry does not necessarily mean that his K-1 will have any trouble. If the CBP officer finds that he is inadmissible because immigrant intent is suspected, the legal terms are that he "withdraws" his attempt to enter the US. They deny entry "without prejudice". Yes, it will go on his record, and will have to be counted as a denial of entry, but that sort of thing is easily solved with a visa. Because now he is allowed to enter with immigrant intent. Problem solved. If he is denied entry because he LIES to them and they find out about it, then it is misrepresentation, and that can have an effect on the K-1.

[Kristy S 13]

thank you guys, i think we're going to get the ticket

[Kristy S 13]

Wow I am so sorry you are getting so much misinformation from "official" sources.

1. He can absolutely visit you when the petition is in process. Nik did this. No issues whatsoever, and they even asked us about his trip at the green card interview! Now, there may be some other factors which would prevent his visiting on VWP - for example, if he had a criminal history. Did this come up in the conversation at all? Or was the ONLY reason that he had a petition in progress? Nik was honest in his CBP interactions (though they did take him into secondary inspection) he said he had a fiance, and he showed them the receipt notice from our K-1, and it was actually the filing of the petition that prompted them to stamp him into the country, so it's really the proof that he'll return to the UK which matters.

no, he has no legal issues whatsoever, the only reason it came up was the pending k1. he has a job and a mortgage and no intent on overstaying and risking our application

[Nigel&Meggie 40]

We are also going through the K-1 process and I visited my fiance in September and again now. In September I came for 10 days and got hell at the border, but after much intense questioning they let me in. This time I am here for 3 months and they just let me straight in without any problem at all - I think they asked me 2 questions and that was it. Both times at Houston.

I think it's just luck of the draw who you get and what kind of mood they are in. But it is perfectly ok to attempt to visit, just bring loads of proof of ties back home. Hope it all goes well.

[Nik+Heather 121]

no, he has no legal issues whatsoever, the only reason it came up was the pending k1. he has a job and a mortgage and no intent on overstaying and risking our application

Another really useful thing will be a vacation request form from his work. A lot of places you have to fill out something that your boss signs anyway with the planned dates. Or he could ask his manager to just sign off on one he prints out himself. Include the dates he will be off of work and the manager's contact info.

[Kristy S 13]

Another really useful thing will be a vacation request form from his work. A lot of places you have to fill out something that your boss signs anyway with the planned dates. Or he could ask his manager to just sign off on one he prints out himself. Include the dates he will be off of work and the manager's contact info.

yeah, we had already planned on that one. and that was one i told the customs lady i talked to, that he will have all that. she basically just said 'well, he will PROBABLY get in, but if he doesn't then it might risk your k1, and do you REALLY want to do that?'

such a stressful day.

[Nigel&Meggie 40]

I know you have basically now established that it is ok to attempt to visit while the visa is in progress, but maybe this (from the US Embassy, London website) might make you feel a little better.

Question 9

http://london.usembassy.gov/faq-imm-proc.html#iv038

With regards to affecting the K-1 in the event of refusal of entry, if he is refused entry for no other reason than they were not convinced he was planning to return home, and conducts himself in a proper manner (doesn't argue or get angry etc) and accepts that he will have to return to the UK, then I don't think it should affect his K-1. This is just my opinion, based on research I have made.

[TracyTN 237]

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?

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?)

As others have said about the visit effecting a K1 - total hogwash. But I can't better what any of them have already said on that front.

It does make more sense for after the K1 - I wasn't aware you'd hired him for the duration. I still don't see why it needs to be submitted with the I 129f, but oh well.

There are many reasons people want the help of an attorney - none of which are wrong really. I've just seen case after case where a lawyer actually made things WORSE for the applicant, so I hope you're not one of those cases.

Personally, I wanted to understand exactly what I was getting my fiance (now husband) in for so I went on a quest for knowledge. That was 6 years ago and I'm still poking around - mainly because I've found immigration to be endlessly fascinating, not to mention challenging and (in some ways) fun! I actually am trying to find a way to parlay what I've learned into a job - I actually enjoy it that much.

Surely there are few here who are as sad as me in that respect.

[Kristy S 13]

I know you have basically now established that it is ok to attempt to visit while the visa is in progress, but maybe this (from the US Embassy, London website) might make you feel a little better.

Question 9

http://london.usembassy.gov/faq-imm-proc.html#iv038

With regards to affecting the K-1 in the event of refusal of entry, if he is refused entry for no other reason than they were not convinced he was planning to return home, and conducts himself in a proper manner (doesn't argue or get angry etc) and accepts that he will have to return to the UK, then I don't think it should affect his K-1. This is just my opinion, based on research I have made.

WOW, directly from the embassy website even...that is awesome, how can everyone at uscis and lawyers offices and border be so ignorant of their own rules..just wow.

thank you so much, he's going to print that out to take with him as well, just in case.

Personally, I wanted to understand exactly what I was getting my fiance (now husband) in for so I went on a quest for knowledge. That was 6 years ago and I'm still poking around - mainly because I've found immigration to be endlessly fascinating, not to mention challenging and (in some ways) fun! I actually am trying to find a way to parlay what I've learned into a job - I actually enjoy it that much.

Surely there are few here who are as sad as me in that respect.

yeah, but from what i can tell, if you know what you're talking about, then they probably won't hire you...you are now OVERQUALIFIED

[mj_nj 0]

well when I spoke to them they told me he could visit.. we just booked the flight last week... sure hope she was right!!

[Rob and Jill 82]

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 have seen TONS of Canadians on this forum who were turned away for visiting too much, who are happily married now! Just follow the advice above and you SHOULD be good to go.

[Hamburger Man 3]

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

If it makes you feel any better, my Chinese Fiancee (now wife) had an approved I-129F petition in the system when she went for a B-2 interview. She showed the consulate her I-129F NOA2 and 3 days later she STILL was granted a B-2 visa. Surely China has higher rates of fraud than the UK. I wouldn't worry so much. It's doable.

[marlea 84]

WOW, directly from the embassy website even...that is awesome, how can everyone at uscis and lawyers offices and border be so ignorant of their own rules..just wow.

Don't forget that you are talking to three different government organizations, all focused on different things. Border Patrol is completely different from the Department of State, and USCIS is another agency entirely. Border Patrol has NO PART of issuing visas, they only decide if people can actually be let into the country. The Embassy is the one that decided whether he gets the visa. USCIS is part of the visa process but they only approve petitions, not visas. That's why they don't know all the rules: They aren't required to as they are three different agencies.

The rules you should be most worried about are the ones that let him in on the VWP (ie. having ties to his home country) and what the embassy says about issuing visas. Since the London Embassy is fine with it, then you shouldn't have any problems.

Edited November 9, 2010 by marlea

[Gary and Alla 3,694]

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

USCIS does not decide such things and the people you talk to are contracted telephone operators that have no clue. Stop calling them.

The story is the information you were given is WRONG.

[Aussie MarineWife 0]

Hey Guys,

I thought you might benefit from this, When I went to visit my Husband in May after receiving our NOA1 for the i-130 I had no problems entering the country. When I arrived at LAX they asked why I was there and I said to visit friends and family, they asked to see my return ticket. And wella. No drama whatsoever. I also had bought travel insurance to show that I was visiting temporarily.

I am also visiting America in 15 days. My case is now at the NVC I am going because my husband gets back from military service in Aghanistan and I wouldnt miss his return for anything! I will be taking my NOA2 with me and a letter from my employer. But I am not too worried, seriously honesty is the best policy and if you are legitimate you will have legitimate proof.