Are visits to the US during the process allowed?

[amykathleen2005 441]

Whoever wrote that letter should have worded it in a different way. As a K-1 applicant you might be under more scrutiny under the VWP because you obviously at some point do want to immigrate. If the officer decides this is your intention you will not be allowed in and therefore no longer able to use the VWP again (you would have to get a tourist visa to visit again). That is the only lasting effect a denial would have.

I have been through this process and I have seen people ask this same question on this board a hundred times. It has no ill effects on your K-1 application.

Edited January 9, 2011 by amykathleen2005

[Tero 105]

OP, I'll suggest you follow what your guts tell you.

[Channah&Aaron 51]

; I just got back from the States and waiting on our NOA2 also..

I brought the usual stuff:

* letter from employer

* salary specifications (optional)

& I also brought a copy of our I129f package!!

He asked what the purpose was of my visit, and I told him that I was going to visit my fiance. He asked me some questions, like; when are you going to get married. I said, as soon as we get our NOA2, hopefully this march and after our interview has been approved.

I put the package on his desk but he didn't even looked at it

[Nich-Nick 3,354]

I have this e-mail from Andrea at CBP

In order to enter the U.S. while a K-1 Visa is being processed, you will have to convince the admitting U.S. CBP Officer that you are simply visiting the U.S. rather than attempting to enter for immigration purposes before your visa is granted. In order to do this, you will need to provide documents to verify that you have very strong ties to your home country. All of the following documents should be used to accomplish this:

Deed, Mortgage Statement, or Rental Lease Agreement in your name

Utility Statements in your name

Bank Statements in your name

Employment Records in your name

Letter from employer stating that you are expected back to work on a certain date

It is also advised that you have a roundtrip ticket and pack very lightly for a short trip to the U.S. The purpose of this is to prove that you have strong ties to your home country and are not willing to sever those ties by staying in the U.S. past your departure date as mandated on your I-94W Departure Record, or by circumventing immigration regulations.

Additionally, you should be aware that even with all of appropriate documents to verify strong ties to your home country, the U.S. CBP Officer has the final say on whether or not you will be allowed entry.

I also had a long conversation with the CBP information officer at the 1-800 number. If I can find the post, I'll add it because I don't want to type it all again. Also you should know that the guys at the airport do NOT know you have a petition in progress. I asked that of the officer when I flew into Houston. "What do you see about me on that computer? Do you know I have a fiance and am in the K1 visa process?" The answer was "No" they have overstays, denied entries, suspected terrorists, criminals types and things like that. You don't have to volunteer your whole story and stick a packet of evidence in their face, but simply say you are on vacation visiting friends. If they ask you something more specific, then answer truthfully. You don't have to gush your life history to the question "What is the purpose of your visit?"

The biggest reason you would even get any questioning at all, as I see it, is the 90 day stay. That doesn't look like a typical holiday. It doesn't look like you have strong ties, which you don't since you live with Mum and Dad, don't have a job to report to, or classes to attend. If you went for 3 weeks, you probably wouldn't be asked a thing because that is more like a tourist, which is the usual purpose of a VWP visit.

[JPKandCAK 0]

I'm also flying from england in 2 week to stay with my husband in virginia for 2 and half week and I'm kinda worried too. haha. I don't have a job but I do have a lease on a house and i'm leaving my son with my parents for 2 week so i'm just gonna get a letter from my mum saying she's looking after my son till a certain date then. it's kinda scary not knowing whether they'll let you in or not. just take your phone contract and stuff. I'm sure you'll be ok. You're probably just overly paranoid like me. Haha

Good luck

[Nich-Nick 3,354]

I found the post where I told about talking to the CBP officer

Hi all,

I was thinking about this thread from this morning and other similar ones over the last few months since I became part of VJ. And since my fiance has a visit from the UK coming up soon, I decided to call the Customs and Border Protection (CBP) who are the agents at the airport that approve your visit. I got a very nice and chatty man on the phone who spoke in an "off the record" manner many times.

I told him I have a fiance' in the UK and have filed a K1 petition, etc, etc. I told him that immigration attorneys (didn't want to get into the who VJ forum explanation) have advised that once you have filed for K1/K3 then you can not come to the US until you have that Visa in hand.

He said, that's silly. If wanted to come in illegally you wouldn't have bothered to file all that paperwork and pay those fees. There's no rule that says you can't come visit the US once you have applied for a non-immigrant visa.

I said my fiance' will come on the K1 in October, but he is coming to visit me in July. "Is there something on those computers at the airport immigration desk that will pop-up saying that he has filed for a non-immigrant visa." He said, "NO." The computer has databases of criminal activities, previous over-stays, terrorist links, FBI stuff, etc.

He said their only concern with people entering the US on VWP is that the intent of the person is to visit friends or be a tourist and go home when they say they are. Some of his "off the record" talk was about crummy looking people who look like they don't have enough money to buy a cup of coffee when they land and when questioned about "what do you do for a living?" can't tell them of any employment or full time student status. The officer has to get a sense that the person is a genuine tourist. He said if somebody enters the US, goes to another country for a week, then enters again, they may be questioned more strenuously. The Officer inspecting you will want evidence that you intend to go back home to your country of citizenship to live as opposed to returning again and again to the U.S. after visits to other countries.

And his final comments were about "creepy" immigration officers at the airport which get to make the ultimate decision and there have been some accused of being rude and unfair, but those are few and far between. There is, however, no guarantee ever that you will be admitted.

So VJers you will have to analyze your own status when you enter the US, but applying for a K visa is not something that keeps you out according to my guy at the Border Patrol. If you look pretty normal, have a job or student id, have some money or credit cards on you and comfortably answer their questions; then you are probably fine. If you have overstayed, have committed serious crimes, been a drug trafficker, act mentally ill, or leave a couple of days and come back over and over again; then you might get scrutinized. It is a subjective interview with the CBP officer.

My take on this is if you look like a tourist who has enough money to be a tourist for a short trip, you will probably not be questioned at all. If you're barefoot, in dirty wrinkled clothing, and they ask how much money you have on you and it's $2 and you have no job or credit card, then they are going to wonder how you can afford visiting this country as a tourist for 90 days. So they will have to ask more questions of you. How you answer those questions will decide if they believe you will return home.

[matalie 1]

I travelled across the border to see my (then) fiance about once a month for a year and a half before he proposed and we eventually filed for K-1. While we were preparing for the visa process the officers at the border told me that after we filed, I would NOT be allowed to cross while our visa was still pending. We even went to our local USCIS office just to confirm this and they stressed how I could not cross without having our whole package rejected. This scared me into not visiting my fiance for 7 months! But when I was about to miss my fiance's birthday, I decided to try it after hearing from everyone on VJ that it wouldn't affect our visa. I got to the border armed with our NOA1, a letter from my work, a copy of my apartment lease in Canada and when they questioned me at the border they were completely satisfied with my NOA1 alone! They were firm in making sure I knew I could not stay, but after the first trip (one week), when I returned when I said I would and brought my NOA1 (and later my NOA2 and confirmation letters), every trip after was a breeze! The last time they didn't even check my passport! The officer knew me so well, he told the officer he was training not to bother with me or I'd keep him there all day, talking his ear off .

In the end, it's your decision but speaking as someone who was told that I couldn't enter (when really I could!) I'm glad I did, or I would have missed so much great quality time with my (now) husband! Even if you aren't allowed to visit once you get to the border or you are only allowed a shorter trip than you had planned, it won't hurt your visa application. They may ask you if you have ever been denied entry to the US and in that case, you would just answer honestly and tell them why (not enough ties to Canada, too much time spent in the US that year, etc.).

Good luck and let us know how it goes!

Ps. For the first year and a half before they we had filed, every time I crossed the border, they asked me if I was a prostitute! Every time. Having my NOA1 got them to stop asking! Woohoo! It's the handiest thing you can have with you cross the border! *Disclaimer- I really am not a prostitute.*

[Ann&wes 1]

This is a FIRST hand account of what happens, and how to visit the US during the visa process.

My fiance lived in a Middle East country, but as you can see, is a Filipina. We applied for her K1 in July, and was hoping that she would be here in November for final immigration. Once it seemed like it would not be happening that way, we decided to go another route. Now, being from the Middle East area, she did HAVE to get a tourist visa, which is different than you, but still, worth hearing the story.

She went for a tourist visa in early Sept. She got denied, even though she told them she had a pending application for K1, and that she had to come back for work and her ENTIRE family lives in the Middle East country and she herself has lived there 3 years. It is hard for a working resident of a country (not a citizen) to prove she will come back. She had a second interview in early October, and she was approved. The difference was that I wrote a letter to the consulate there, explaining what our situation was, and swore she would return before her stay expired, and not become a public charge. We also had a lease between her and her mom (who she lived with) presented and also a letter from someone at work saying she is coming back to work (as she has an indefinite leave of absence granted from her work). They told her that it seemed that we knew what we were doing, and so she said she had 2 months to go visit me in the US multi-entry, but had to be used prior to 8 January.

My fiance came to DC, and upon entering immigration, she was only asked who she was visiting, and she stated that it was her fiance, until the K1 was approved. The officer granted her a 6 month stay on her I-94. So even though her visa expired on 8 Jan, she can stay until May. We were honest with everything, and just have our ducks in a row. So good luck in visiting here. Oh, and our K1 was just approved 2 weeks ago, and she has been here since early November. Officers and interviewers can read if people are telling the truth about immigrating and things. They are trained in it, and so always best idea not to bs them.

Once again, hope this helps some. AND GOOD LUCK!!!!!

[w8inglongtime 29]

A denied Visa Waiver has absolutely no bearing on your K-1 application.

That may be true but it may also be risky to brush aside the responce from CBP. If all the OP is waiting for is an NOA2, then it won't hurt to wait for the k-1 visa to be granted that way it wouldn't matter at the POE.

[Channah&Aaron 51]

; ONE TIP!!!!!

NEVER SAY YOU'RE VISITING A FRIEND/FRIENDS if you're in fact visiting your fiance/fiancee!! Even though he hasn't asked you a specificly.... he can take you to a second security check, and if he asks you this question again and then you say "my fiance/fiancee". the Officer will question you why you said friends before.

TRUST ME!! MY ACCES TO THE US GOT DENIED because I first said 'friends'!!

He got suspicious why I didn't ask his question truthfully...

So I had to go back on the first plane back and get myself a B2 Visa!! It contains some paperwork to do and even an interview. I passed!

This all happend last may and I visited the US for 9 weeks during summer. I'm always scared before entering the country. Because after they have my fingerprints (poe), they see my acces has been denied once. BUT I flew to the US two weeks ago to celebrate NY's with my fiance whom is a USC, no problems once again.

So, always tell you're visiting ur fiance(e), and always bring a copy of your Noa1, and if have, your Noa2 and the copy of your I-129f package so they'll know you wont get married illegally. And if they ask you if you're planning to get married during your stay; I tell them the following: me and my fiance(e) want to get married in the legally way, why would we waste all the paid fees, all the energy for lots of paperwork and risk a 10year ban?!

Then he said; Succes with everything and welcome to the United States of America.

Thus, tell them the whole truth and nothing but the truth (A).!

[Harpa Timsah 13,258]

That may be true but it may also be risky to brush aside the responce from CBP. If all the OP is waiting for is an NOA2, then it won't hurt to wait for the k-1 visa to be granted that way it wouldn't matter at the POE.

A denied entry on tourist visa or VWP will not impact the K-1 in a negative way at all. It might hurt the OP to wait, and they don't have to wait... visits are allowed, but not guaranteed.

For more reading:

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

[Nigel&Meggie 40]

#1. The letter from Customs that said not to go was from an individual giving his advice. Since he can't promise you will get in and he isn't completely sure about how it affects the K-1 (because he works for an info center for USCIS, not on immigration visas specifically) the safest answer is to advise you not to go and therefore, you will have no problem. He's covering his butt, which is more or less what you have to expect from those types of resources. Perfectly respectable, but not very helpful to us. Here is a link to the US Embassy in London's page with a direrct answer to the question:

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

#2. I have visited Meg twice while waiting for my K-1 approval. The first time was a 10 day trip and I got hell at immigration, but I got through. The second trip was for 80 days and I sailed through after 2 questions. I think the most important thing that helped me was that I was honest. If you say that you are visiting friends and they are satisfied and let you in, that is great, but if you say that and they ask you another 67 questions, it might be hard to keep to your story. If you call your fiance a friend and later have to admit that you're engaged, it may make you look shady to the officer. We agonized over the decision of whether to say I was visiting a friend or a fiance. Many people have been successful both ways and you will get advice for either path. In the end it just has to be your call. (But I am strongly in favor of complete transparency)

#3. I am also self-employed. I sold my house and moved in with my mum to get rid of the house while there was still a market for it and save some money. All I had was a copy of the I-129F and NOA1, a return ticket, bank statements to prove I could support my trip, a letter from my mum stating that I live with her, pay her rent, and have left my belongings at her house and am expected back, and also a letter from my accountant stating that my company is trading and he is currently being paid to keep the books. No one looked at any of this on either trip, but it is good to have, just in case.

#4. Visit your fiance! You cannot imagine what you will miss out on if you don't try. Just go with the mindset that it is possible that you may get turned away. Skype kept us going, but to spend that kind of time together is just not substitutable. If you are lucky enough to have the means to do it, you have to try! Plus, it makes the waiting go by so much faster!

Best of luck!

[Nigel&Meggie 40]

Here is an old post I found that I have copied. It shows that even if you get turned away on your attempted visit, it does not affect the K-1.

It is a case of hit or miss depending on which POE you have.I came over to visit my then fiance to stay for 88 daysduring the process and was denied entry, I had all the paperwork for strong ties to the UK return flight letter from employer etc etcbut that did not matter i was denied and sent back on the next available flightNow I am a permanent resident with a conditional green cardit made no difference that i had been turned away in the long runIt was mentioned at interview for AOS but the interviewer said it was more common than you would think.Good luck on your journey it is all worth it in the end.

[Barbara J 115]

So i'm the beneficiary, living in England. we are currently waiting for our NOA2. i was wondering if i'm allowed to visit my fiance in California on my ESTA? or do i have to wait until my visa is completly finalised before i can enter the US again.

I would just like to add also that there is no issue coming to visit your fiance. Our petition was filed 9th March and I came over on VWP on 27th March and stayed till 19th June. We had received our NOA1 and we were waiting too we know it was going to take some time to be approved so I headed over. I was able to finalize wedding plans and fix up our apartment while I was here and so glad I came over. There was no issue at all at LA customs were great as I had been before back in Sept 2009 they checked my ID with my pic did not even have to do finger print and they said have a nice time while you are here. I think they asked me why I was here and I said visiting fiance and no problem at all. You are from the UK and have read stories like this before and ppl being scared but have come over and not had a problem either. I had no evidence of my petition at all just my passport and I-94w with my returning address. Go for it you have a while to wait yet.

Oh just looked at your time line fingers crossed you should hear something soon as you filed in August. Hopefully in the next month but if you just want a visit for a few weeks I say come and see your fiance.

Edited January 9, 2011 by barbarajlw

[Penny Lane 8,159]

I would just like to add also that there is no issue coming to visit your fiance. Our petition was filed 9th March and I came over on VWP on 27th March and stayed till 19th June. We had received our NOA1 and we were waiting too we know it was going to take some time to be approved so I headed over. I was able to finalize wedding plans and fix up our apartment while I was here and so glad I came over. There was no issue at all at LA customs were great as I had been before back in Sept 2009 they checked my ID with my pic did not even have to do finger print and they said have a nice time while you are here. I think they asked me why I was here and I said visiting fiance and no problem at all. You are from the UK and have read stories like this before and ppl being scared but have come over and not had a problem either. I had no evidence of my petition at all just my passport and I-94w with my returning address. Go for it you have a while to wait yet.

Oh just looked at your time line fingers crossed you should hear something soon as you filed in August. Hopefully in the next month but if you just want a visit for a few weeks I say come and see your fiance.

While it worked out well for you, please be aware that it does not work out well for everyone. It is honestly a hit or miss situation. It completely depends on who you talk to at US Customs. It is unfair to make a statement saying that "there is no issue" when there are plenty of people on this forum who will tell you otherwise from first hand experience. The good news is that there is absolutely no harm in trying. Take as much evidence as you can and hope for the best. You may need your paperwork, you may not. Nobody here can say for sure.