Visiting while waiting for K-1... after two warnings

[Matmat 8]

Hi everyone,

I read the pinned topic about this, and quite a few others, but since I didn't see any example similar to my situation, I figured I would ask here...

Here it goes:

I'm from France, my fiancée is from the US. We just filed a I-129f together, so I'm expecting about 6 months before it's approved and transferred to the Paris Consulate, and then another couple months before I get an interview and finally the visa. So, I would like to go visit her in a few weeks, on a Visa Waiver, for almost 90 days.

The tricky part is that I have been going to the US regularly for long trips on Visa Waivers for the last 4 years. I have never been denied, but I have been sent to secondary/interview room twice (in 2009 and last January). On these two occasions, officers were skeptical about my situation (freelancer/works-from-home, no real ties to home country), but I managed to convince them that I would not overstay or seek work during my trip. They understood but said they were giving me a "warning", and advised to not come back for at least 6 months. I know that warning is on my record because the agent in January mentioned the first one.

He advised to not come back for another long trip this year, but that a shorter trip might be ok. But I know every officer thinks differently and some are more understanding than others.

What I don't know is what exactly is written on my record, and if that would be enough for them to deny me, no matter what I tell and show them.

I have a copy of the K1 petition and all the attached documents (letters of intent, pictures of my fiancée and I, tickets of our travels, emails exchanged...), and I hope than showing them that we doing everything legally and I don't intent on overstaying will convince them, but I must say I am still nervous.

Would anybody have similar experience or advice? Thanks a lot!

[C-ma'am 684]

There's no way to tell if they would let you in or not. Warning or not, it's still up to their discretion and the side of the bed they got up from that morning.

It's up to you to decide if you want to risk it or not. On the bright side, if they turn you down and tell you to get back home, you can still get your K1 visa... it will not impact the petition.

[djricky4 67]

being allowed into the country is @ the discretion of the officer @ POE. nothing is guaranteed. All you can do is bring as much evidence to prove your going to return and even then, its up to them. personally i wouldnt risk it with 2 prior warnings

[Canadatousa 7]

Hi everyone,

I read the pinned topic about this, and quite a few others, but since I didn't see any example similar to my situation, I figured I would ask here...

Here it goes:

I'm from France, my fiancée is from the US. We just filed a I-129f together, so I'm expecting about 6 months before it's approved and transferred to the Paris Consulate, and then another couple months before I get an interview and finally the visa. So, I would like to go visit her in a few weeks, on a Visa Waiver, for almost 90 days.

The tricky part is that I have been going to the US regularly for long trips on Visa Waivers for the last 4 years. I have never been denied, but I have been sent to secondary/interview room twice (in 2009 and last January). On these two occasions, officers were skeptical about my situation (freelancer/works-from-home, no real ties to home country), but I managed to convince them that I would not overstay or seek work during my trip. They understood but said they were giving me a "warning", and advised to not come back for at least 6 months. I know that warning is on my record because the agent in January mentioned the first one.

He advised to not come back for another long trip this year, but that a shorter trip might be ok. But I know every officer thinks differently and some are more understanding than others.

What I don't know is what exactly is written on my record, and if that would be enough for them to deny me, no matter what I tell and show them.

I have a copy of the K1 petition and all the attached documents (letters of intent, pictures of my fiancée and I, tickets of our travels, emails exchanged...), and I hope than showing them that we doing everything legally and I don't intent on overstaying will convince them, but I must say I am still nervous.

Would anybody have similar experience or advice? Thanks a lot!

I've been in a similar situation. My fiance comes to visit me regularly in canada but as he is a musician, he doesn't have very many ties and was denied once at the border until we could supply proof that he wasn't trying to move here.

All I can suggest is bringing as many documents as you can proving your ties to france. i.e. bank statements, phone bills, anything work related if possible.

Bringing the k1 info won't hurt either.

[Matmat 8]

Thanks to everyone who replied! Your help is much appreciated.

I guess I will take a chance and hope they don't deny me... and prepare myself to that scenario.

Would a denial at a POE have any negative effect on the Visa request?

Also, does having all the K1 info usually make a big difference? Are custom agents supposed to know what it is?

Thanks again!

[C-ma'am 684]

On the bright side, if they turn you down and tell you to get back home, you can still get your K1 visa... it will not impact the petition.

Quoting myself.. No, it will not have an impact of the petition if you get denied at POE.

Taking the NOA1 or NOA2 may help, but will not be considered as reliable proof to show ties to your home country. The best things to bring are: a lease, a letter from your employer saying you need to be back by a certain date, etc

Edited September 11, 2012 by Celeste & C

[Matmat 8]

Quoting myself.. No, it will not have an impact of the petition if you get denied at POE.

Sorry, I forgot that you already mentioned that. That is good to know.

Taking the NOA1 or NOA2 may help, but will not be considered as reliable proof to show ties to your home country. The best things to bring are: a lease, a letter from your employer saying you need to be back by a certain date, etc

I understand. I will have to rely on the NOA1 then, since I don't have a lease or an employer (self-employed).

It has worked before... hopefully it will work again.

Thank you Celeste & C!