Jump to content
John25

Frequent Visits on the Vwp while K1 is pending?

 Share

29 posts in this topic

Recommended Posts

Hello everyone,congrats for the amazing site and the amazing work you do over here helping people.

I know that this topic has been discussed a lot in the site but i think that my case is kinda weird so i could use an advice/experience that anyone else with a similar situation has.

So,the situation starts like that.

I met my fiance online on august and we finally met up in November 2011.My trips since then are as follow(Just to mention that November was my first ever visit in the Us)

1)One trip from November to December for 21 days(stayed at home country for 18 days)

2)One trip from December to February for 58 days(stayed at home country for 23 days)

3)Planning for a trip this Friday,March to June for 86 days.

We have already applied for a K1 visa on my last visit in the Us and we have received our NOA1.

I know that i can't stay in the Us more than in my home country,which number of days in a calendar year is 180 days.

I am not employed right now but i did pass an interview for a job and they will hire me the day of my return to my country in June.

The documents that i intend to have with me are the following:

1)My return ticket

2)The letter of intent that i am expected to return to my home country to be hired.

3)Bank statements that prove that i can support myself while in the Us.

4)My NOA1.

I am just very nervous and i know that the officer is the one to decide if i will be able to enter,but i would like to hear your personal experience and advice for my situation.

Thanks in advance for your answers and comments.

Link to comment
Share on other sites

Hello everyone,congrats for the amazing site and the amazing work you do over here helping people.

I know that this topic has been discussed a lot in the site but i think that my case is kinda weird so i could use an advice/experience that anyone else with a similar situation has.

So,the situation starts like that.

I met my fiance online on august and we finally met up in November 2011.My trips since then are as follow(Just to mention that November was my first ever visit in the Us)

1)One trip from November to December for 21 days(stayed at home country for 18 days)

2)One trip from December to February for 58 days(stayed at home country for 23 days)

3)Planning for a trip this Friday,March to June for 86 days.

We have already applied for a K1 visa on my last visit in the Us and we have received our NOA1.

I know that i can't stay in the Us more than in my home country,which number of days in a calendar year is 180 days.

I am not employed right now but i did pass an interview for a job and they will hire me the day of my return to my country in June.

The documents that i intend to have with me are the following:

1)My return ticket

2)The letter of intent that i am expected to return to my home country to be hired.

3)Bank statements that prove that i can support myself while in the Us.

4)My NOA1.

5)Thinking to bring a copy of my home,phone bill that(Its not my house,its my parents but the bill is on my name)

I never had a problem with the Cbp so far and never asked for further info or called for secondary inspection.I am just very nervous and i know that the officer is the one to decide if i will be able to enter,but i would like to hear your personal experience and advice for my situation.

Thanks in advance for your answers and comments.

Link to comment
Share on other sites

Filed: Timeline

Hello everyone,congrats for the amazing site and the amazing work you do over here helping people.

I know that this topic has been discussed a lot in the site but i think that my case is kinda weird so i could use an advice/experience that anyone else with a similar situation has.

So,the situation starts like that.

I met my fiance online on august and we finally met up in November 2011.My trips since then are as follow(Just to mention that November was my first ever visit in the Us)

1)One trip from November to December for 21 days(stayed at home country for 18 days)

2)One trip from December to February for 58 days(stayed at home country for 23 days)

3)Planning for a trip this Friday,March to June for 86 days.

We have already applied for a K1 visa on my last visit in the Us and we have received our NOA1.

I know that i can't stay in the Us more than in my home country,which number of days in a calendar year is 180 days.

I am not employed right now but i did pass an interview for a job and they will hire me the day of my return to my country in June.

The documents that i intend to have with me are the following:

1)My return ticket

2)The letter of intent that i am expected to return to my home country to be hired.

3)Bank statements that prove that i can support myself while in the Us.

4)My NOA1.

I am just very nervous and i know that the officer is the one to decide if i will be able to enter,but i would like to hear your personal experience and advice for my situation.

Thanks in advance for your answers and comments.

there are no 100% certain outcomes...if the CBP folks believe your story, you will be admitted; if not, bring a long novel to read. Letters from future employers have the same value as a two week old newspaper.....less than nothing....why?? Because of this simple fact: There is NO country on this planet that has some sort of onerous penalty for anyone who fails to either (a) provide said job or (b) fails to take said job.....bottom line: there is NO downside if either YOU (most likely) fails to take advantage of this so called opportunity or (b) the alleged employer changes their mind.

Edited by Noah Lot
Link to comment
Share on other sites

there are no 100% certain outcomes...if the CBP folks believe your story, you will be admitted; if not, bring a long novel to read. Letters from future employers have the same value as a two week old newspaper.....less than nothing....why?? Because of this simple fact: There is NO country on this planet that has some sort of onerous penalty for anyone who fails to either (a) provide said job or (b) fails to take said job.....bottom line: there is NO downside if either YOU (most likely) fails to take advantage of this so called opportunity or (b) the alleged employer changes their mind.

Yeah i know what you mean,i thought about that too.The owner of the company is a family friend and agreed to take my to his job by the time that i return back,he gave me the letter signed and has his phone number on too in case they want to contact him.But again i understand the point here,they probably won't count it as proof of ties to my home country.

At least i hope that the rest of the documents i take with me will be more like evidence than this one.

Link to comment
Share on other sites

Filed: AOS (apr) Country: Denmark
Timeline

I don't see how a letter stating you'll look for employment will help you unless you have something lined up already. Taking your word for it isn't going to matter. IF you get questioned and have to show documentation, employment letter, supporting yourself and basically factors that already tie you to your home country are being taken into consideration.

Yes, it's 180 in a rolling year however it's not a magic number. You're allowed up to 180 days. From November to June, it's 165 days. Not to get you concerned because that's not my intention. Usually people are let into the US travelling on VWP with a "enjoy your stay" but there are exceptions. Be prepared and answer precise and truthfully. The minute you come of as nervous or over prepared you're subject to questioning or being denied. Or it's a matter of routine from the CBP's side.

Like I said, I don't want to freak you out. You managed to visit so far, most likely because of your normal travel pattern and your honesty. It isn't any different now other than being aware. Don't read to many horror stories however it's good to have some knowledge about it IF you're denied to know what your next steps are. A denied entry isn't going to count against you as in the i-129f/K1 process but you can't travel on VWP after being denied once.

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

Link to comment
Share on other sites

I don't see how a letter stating you'll look for employment will help you unless you have something lined up already. Taking your word for it isn't going to matter. IF you get questioned and have to show documentation, employment letter, supporting yourself and basically factors that already tie you to your home country are being taken into consideration.

Yes, it's 180 in a rolling year however it's not a magic number. You're allowed up to 180 days. From November to June, it's 165 days. Not to get you concerned because that's not my intention. Usually people are let into the US travelling on VWP with a "enjoy your stay" but there are exceptions. Be prepared and answer precise and truthfully. The minute you come of as nervous or over prepared you're subject to questioning or being denied. Or it's a matter of routine from the CBP's side.

Like I said, I don't want to freak you out. You managed to visit so far, most likely because of your normal travel pattern and your honesty. It isn't any different now other than being aware. Don't read to many horror stories however it's good to have some knowledge about it IF you're denied to know what your next steps are. A denied entry isn't going to count against you as in the i-129f/K1 process but you can't travel on VWP after being denied once.

Well,i am a little bit worried but i will take my chances after all.I dunno how you mean if i have something lined up,its like i will have a position in the company as i said by the time that i get back to my country,its mostly like a ''letter of intent to hire someone'' if that counts for anything.

I am really trying not to think about it that much,after all there is nothing i can really do than bring the documents that i have and be honest.

P.S I dunno if its worth to mention,but after this visit i am not planning to visit the Us anymore till the K1 visa is approved.

Edited by John25
Link to comment
Share on other sites

Filed: AOS (apr) Country: Denmark
Timeline

Something lined up = starting a job upon your return. In that case, yes, it works as a tie to your home country.

Indeed try to visit. Being turned away at the aiport(in the US) is better than not going at all and wondering if you could've visited, IMO.

Good luck. : )

K1 process, October 2010 > POE, July 2011

I-129F approved in 180 days from NOA1 date. (195 days from filing to NOA2 in hand)

Interview took 224 days from I-129F NOA1 date. (241 days from filing petition until visa in hand)

From filing I-129F petition until POE: 285 days

Click timeline or "about me" for all details.

AOS process, December 2011 > July 2012

EAD/AP Approval took 51 days from NOA1 date to email update. (77 days from filing until EAD/AP in hand)

AOS Approval took 206 days from NOA1 date to email update. (231 days from filing until greencard in hand)

From filing I-129F petition until greencard in hand: 655 days

Click timeline or "about me" for all details.

Link to comment
Share on other sites

Something lined up = starting a job upon your return. In that case, yes, it works as a tie to your home country.

Indeed try to visit. Being turned away at the aiport(in the US) is better than not going at all and wondering if you could've visited, IMO.

Good luck. : )

Then yes,i do have something lined up i guess,that's the letter that the company owner gave me.

Thanks :)

Link to comment
Share on other sites

Pending K-1 with NOA1 in Jan, plus 5 months takes you to June, when you start your "new job" which is being held for 3 further months until then for you...not planning on staying in that position very long then ?

Where you coming from and what POE ?

Prepare for secondary, be confident not cocky.

It doesn't look that good a story from here to be honest, just saying.

I would say you got to hope CBP don't question you about that timeline.

Good luck :thumbs:

Edited by Stu4Lee

K-1
NOA1 Nov 25th 2011
NOA2 May 30th 2012 (not a typo, 187 days no RFE)
Left NVC Jun 18th 2012
Medical Jun 28th 2012
Pkt 3 sent Jul 3rd 2012
Pkt 3 rec Jul 9th 2012 (sent before received)
Pkt 4 rec Jul 30th 2012
Interview Jul 30th 2012 (refused for lack of ongoing relationship evidence)
Approved Oct 5th 2012
Visa delivered Oct 10th 2012
POE JFK-NYC Nov 28th 2012
Married Dec 24th 2012

AOS
Package sent Jan 30th 2013
NOA1 Feb 6th 2013
Biometrics Mar 4th 2013
EAD/AP card in production Apr 5th 2013
EAD/AP card in mail Apr 11th 2013
EAD/AP card arrived Apr 13th 2013
SS card arrived Apr 19th 2013

AOS approved Sept 19th 2013 (no interview)

ROC

Package sent Sept 13th 2015

NOA1 Sept 15th 2015

Extension Letter 1yr Sept 15th 2015

Biometrics Oct 15th 2015

RFE Jul 11th 2016

Infopass 1yr extension Aug 26th 2016

RFE response Sept 30th 2016

Interview Mar 15th 2017


"You are lucky we are busy today, we are trying to clear this area, otherwise I wouldn't let you in" - Atlanta CBP Securing America's Borders

Link to comment
Share on other sites

Pending K-1 with NOA1 in Jan, plus 5 months takes you to June, when you start your "new job" which is being held for 3 further months until then for you...not planning on staying in that position very long then ?

Where you coming from and what POE ?

Prepare for secondary, be confident not cocky.

It doesn't look that good a story from here to be honest, just saying.

I would say you got to hope CBP don't question you about that timeline.

Good luck :thumbs:

Well,the things are almost as you described them with few different details.

Yes,the timeline is for june for the NOA2 if it is approved(which i really hope so),then it takes up to at least 2 months for all the rest of the things(sent to my country,interview,medical)and after that i am not planning to come move instantly cause i want to gather up some more money for some expenses.

Probably i will be entering the Us IF everything goes well with the K1 around October or so.After all its that kind of job that has its peak in summer early autumn,that's why the period of hiring too.I am coming from Geneva at Dulles International Airport.

Thanks :)

Link to comment
Share on other sites

Another question for the forum,if anyone knows i would appreciate it a lot.

If i get a health insurance travel plan will it be considered as more evidence that i am returning back to my home country at the date that the insurance expires?Just a thought,i am trying to find the best documents to reduce the possibilities of being denied.

Link to comment
Share on other sites

Another question for the forum,if anyone knows i would appreciate it a lot.

If i get a health insurance travel plan will it be considered as more evidence that i am returning back to my home country at the date that the insurance expires?Just a thought,i am trying to find the best documents to reduce the possibilities of being denied.

And a last question,sorry that came up to me right after i posted that,when asked by the Cbp officer,should i say that i am visiting my fiance or that i am just visiting my girlfriend?

I know that it might be a weird question,but i ask that because when i called the cbp customers service and didn't mention anything about a fiance,they said that i don't have a problem visiting.

The second time i called tho,2 days ago and mentioned the fiance and K1 visa that is pending,the guy there ''adviced'' me that i shouldn't come in the US while a K1 is pending.

Thanks in advance for all the answers,i appreciate all the comments and opinions.

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

As you can see by the responses you got already, it is totally up to the CBP. If the CBP does not mind 'girlfriend vs. fiance' then no worries, if he does then you might have a problem. The issue is, you don't know which one you'll get

I ALWAYS advise total honesty. Just my policy

Travel insurance is not a tie to your country

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Link to comment
Share on other sites

As you can see by the responses you got already, it is totally up to the CBP. If the CBP does not mind 'girlfriend vs. fiance' then no worries, if he does then you might have a problem. The issue is, you don't know which one you'll get

I ALWAYS advise total honesty. Just my policy

Travel insurance is not a tie to your country

Good luck

Yes,i did read a little bit more over to the forums and i decided to be 100% honest(i would be after all,i just saw some things like : don't give more information than asked for).

Thanks for the responce :)

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

With such frequent visits to the US, it is clear you are visiting someone special. If you go for the "holiday" reason for visit, you can expect to be pushed as to who you are spending so much time with in the US - this is why I suggest total honesty

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


NVC
February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...