Visiting USA while K1 Being Processed

[jingo 38]

Hi All

I am very close to booking a plane ticket for about a month from March - April to visit my SO. I know there is no law that says I cant visit, and I could certainly provide a return ticket and proof that I need to finish my degree, thus proof i'd return to the UK. I'd be devastated to fly all the way to San Francisco and be turned back. I'd really love to hear any of your experiences regarding visits, as I dont know how likely they'd be to deny me entry or not. I wouldnt want to waste the time or money if they'd just send me right back. Has anyone else visited during the K1 process and was it easy?

[Channah&Aaron 51]

; Hi !!

I am also waiting for my NOA2 and I visited my fiance in the US last december 30th up to january 5th this year.

I brought the following:

* letter from employer (with letterhead employer) stating that they approved my holiday request and when i have to return to work.

* salary specifications from the past 3 months

* a copy of the I-129f package, to prove the Border Control Officer that I am legally working on my K1 Visa.

* a copy of NOA1

* copy of my B2 Visitors Visa interview documentation since my entry to the US has been denied May last year.

You said you're going to visit your fiance this march-april, I'm going too ..

Anywho, I hope I provided you the answer you are looking for

[jingo 38]

You said you had been denied May last year?

We are about to file our initial package actually, so by the time march/april rolls around i'm sure we wont have the NOA2 yet, but will probably receive the first one, right?

[jpidgley 9]

i was planning the same, check this out: http://www.visajourney.com/forums/topic/290023-are-visits-to-the-us-during-the-process-allowed/page__p__4395417#entry4395417

[Barbara J 115]

i was planning the same, check this out: http://www.visajourney.com/forums/topic/290023-are-visits-to-the-us-during-the-process-allowed/page__p__4395417#entry4395417

Just looked at your timeline and seeing as you have received your NOA2 you don't have that long to wait now. Just NVC then on to UK , your interview and then you will be here. Hope it all goes well for you

[Barbara J 115]

Hi All

I am very close to booking a plane ticket for about a month from March - April to visit my SO. I know there is no law that says I cant visit, and I could certainly provide a return ticket and proof that I need to finish my degree, thus proof i'd return to the UK. I'd be devastated to fly all the way to San Francisco and be turned back. I'd really love to hear any of your experiences regarding visits, as I dont know how likely they'd be to deny me entry or not. I wouldnt want to waste the time or money if they'd just send me right back. Has anyone else visited during the K1 process and was it easy?

Yes I visited my now husband whilst the petition was being processed and stayed 1 week under 3 months. I did not have to show anything or prove to them my intentions of returning to Aust. They asked me who I was visiting and where and checked that the address was correct of where I was staying and could see my address in Aust and my return date. I must admit I was lucky and had nice CO but am, sure you wont have any issues either. Good luck. They said to me have a nice holiday and welcome back as I had been over in Sept 2009 when we first met.

[jingo 38]

Thanks so much guys, I know this question is asked all the time, I just wanted to hear some encouragement from people with similar cases! I think i'll give it a shot!

[JoannaV 174]

I visited America twice whilst engaged, and both times I had lovely border agents. "Why are you coming to America?" "Visiting my fiance." They just looked at my return ticket, and one time jokingly asked if they could come to the wedding. Neither time was I asked what my intentions were (as in, they never even asked if I was doing K1 or whatnot). I did a CR1 not a K1, but I was in precisely the same position as you. Except for that proof that you've applied for K1 should be proof that you're not planning on staying in America before you get the visa.

[jingo 38]

I sure hope it works! I just booked my ticket for march - april. In England we have like 3 weeks off for spring break, which is awesome. I'll be visiting on the VWP and bring proof of school, return ticket, etc. Wish me luck

[Fandango 1,439]

I visited America twice whilst engaged, and both times I had lovely border agents. "Why are you coming to America?" "Visiting my fiance." They just looked at my return ticket, and one time jokingly asked if they could come to the wedding. Neither time was I asked what my intentions were (as in, they never even asked if I was doing K1 or whatnot). I did a CR1 not a K1, but I was in precisely the same position as you. Except for that proof that you've applied for K1 should be proof that you're not planning on staying in America before you get the visa.

Hang on, you told the CBP that you were visiting your 'fiance' while you were processing a CR-1? If that's the case, you lied to CBP, and I wouldn't recc doing that to anyone.

You were very lucky you didn't get caught doing so.

_____________

OP, Bring plenty of evidence as listed above and hope for the best. Like you said, it's not circumventing any law to visit while a K-1 is processing. If you want to be extra safe, maybe you can fly from Dublin? (providing Dublin still does pre-clearance? - someone help me out on this pls)

Edited January 26, 2011 by Lisa C

[Dave H 12]

I visited my fiancee in Denver, I flew out on Christmas Eve and returned on the 8th of January. I took a letter from work stating what time and day I was expected to return to work and thats all.

I was asked at the homeland security check what was my purpose of the visit, I said visiting my fiancee and they asked if I was marrying this trip, I said no. That was the end of the questions. I should imagine every occasion is different. Oh and if its any help, I flew into Chicago.

Dave

[Shorah 2]

From what I've read and experienced its all luck on what kind of border guard you get.

I visit my fiance for about a month at a time every 4 months or so.

I have yet to be denied entry fortunately but I have been dragged through immigration where I was grilled for about an hour and had my bags searched in front of me.

I have also been trough with no problems and barely any questions at all.

Every time I leave for a visit I'm nervous. I think the fact that I go for a month fairly frequently raises some flags for them.

I try to be prepared. Make sure you have proof of your return ticket which I have had to show every time.

And a letter from your employer which has helped me out on a few occasions as well.

I always bring my NOA1 letter as well just in case I need it to prove that we are doing things correctly and not just trying to sneak into the country to stay.

I usually try to not throw around the fiance word since I get hassled enough without it. But I have proof with the letter that we are following the necessary and legal steps if I need it. I have read some conflicting info on here about that though. Some people say to tell them right off that you are visiting a fiance some say don't. I'm NOT saying lie about it because that would just get you into trouble.

I just don't volunteer it personally and have never been asked about it.

Basically when they ask me "is the purpose of your trip business or personal?" I respond that "its a vacation".

PS I'm answering this post from my fiances house in California so needless to say I got in this visit =)

Good Luck!!

[JoannaV 174]

Hang on, you told the CBP that you were visiting your 'fiance' while you were processing a CR-1? If that's the case, you lied to CBP, and I wouldn't recc doing that to anyone.

You were very lucky you didn't get caught doing so.

No...I flew to visit my fiance. I did a CR1 after marrying so had no visa application in process whilst visiting my fiance. So I was not in the same position as the OP in the sense that when visiting my fiance I had no application in process. However, they do not know from their computer whether you have an application in process. So, I was in the same position as the OP in that I was visiting America to visit my fiance. I was telling the OP that I had successfully visited America and no-one was concerned about it, nor even asked what my future plans were. Had they asked about future plans, the OP might be in a better position than I was because proof of a K1 application indicates that one is intending to do everything the legal way.

I also visited a couple of times after marrying. Once before filing for the CR1 and once after. Neither time did they know from their computers anything about me. The time I visited after filing the officer was very nice, can't remember if I told him I had filed CR1 or he just assumed but he just said, "Bet you can't wait till this is all over!" The time I visited before filing the CR1 I visited for 3 months and was asked what my plans were, given that I was visiting an American husband. I said we would be filing for the visa. She said fine, just stay longer in the UK if it takes a while to be approved.

And I just reread my post, I started by saying "I visited America twice whilst engaged" so I'm assuming no-one else misunderstood my post.

Edited January 28, 2011 by JoannaV

[Channah&Aaron 51]

You said you had been denied May last year?

We are about to file our initial package actually, so by the time march/april rolls around i'm sure we wont have the NOA2 yet, but will probably receive the first one, right?

; Yes, my access has been denied last May !!

Because it was my own stupid fault.

1) The officer asked me if Aaron and I were romantically connected. My answer was; No, he is just a friend. (He was at that time, ofcourse my boyfriend). I was just too scared about getting denied after reading horror stories online. I thought it would be the easy way. Oh my, I was dead wrong. It was horrible how I have been treated. But I guess I kinda deserved it I'll never listen to other people and do what I always did before and do still. Be honest!!

2) I flew to the US several times, but never had to show any prove. Before I got denied, they asked me things such as a letter from my employer or anything. I didn't bring it with me. Eventhough I had strong ties with Netherlands, I just couldn't prove it to them. (though, I'll never fly through Philladelphia again )

I've learned from my mistake, got a B2 Visa (multiple entre visa) and I flew after my denial a couple of times - I was dead nervous - but never got me in problems. The officers in Pittsburgh Airport know me by now and they know that Aaron and I are dealing with this legally

Good Luck, be well prepared and just be honest. You'll be fine!! Enjoy your time whenever you're in the US!!

[Chamie 2]

I flew into LA on 23 Dec 2010 for two weeks at Xmas.

Normal procedure...he asked why I was there. I said visiting friends. He replied "visiting friends, interesting" at which point a got a little nervous, but almost right away he stamped it all and said "happy holidays".

Welcome to America. My advice...dont mention your fiance. Friends or family. And always travel with proof of ties to the UK. I had a letter from my boss saying I was coming back on XXX date and my mortgage agreement. I didnt need them at all.