Visiting the US while filing for K3

[misa 2]

Hi everyone, this is my first post so please forgive me if this has been asked before (I thought I looked everywhere but couldn't find my answer).

I'm in Toronto (Canadian citizen, born and raised) and got married recently to a U.S. citizen. He's in Virginia so the first processing centre is in Vermont. We're sending in the I-130 next week.

But this isn't really about the K3 process, though I'm sure I'll have more questions about that in the K3 forum.

What I'm interested in is that once the K3 process has been started, can I visit him in Virginia easily and without hassle from US customs? Do I tell them the truth? I looked in the FAQs but it only dealt with visiting the US while waiting for a K3.

Thanks in advance!

[Marilyn. 340]

you might have some hassle....

always tell the truth, just don't give out more info then they ask for.... I am not sure if that makes sense

and bring along lots of proof or ties that show you have every intention of returning back to Canada...

[misa 2]

Thanks for the advice.

I never drive down there. I always fly (since I don't drive or have a license) so I've always got a return ticket. I'll bring the suggested documentation with me too (letter from employer, bank statements, pay stubs, etc.).

I'm wondering though... my next visit will be before the first part of the petition is received. Think I should just say I'm "visiting friends for US Thanksgiving"? Technically it's true, since he is a friend...

[CutienPurg 0]

Thanks for the advice.

I never drive down there. I always fly (since I don't drive or have a license) so I've always got a return ticket. I'll bring the suggested documentation with me too (letter from employer, bank statements, pay stubs, etc.).

I'm wondering though... my next visit will be before the first part of the petition is received. Think I should just say I'm "visiting friends for US Thanksgiving"? Technically it's true, since he is a friend...

From our experience, we never said we were visiting anyone other than each other.........boyfriend/girlfriend..then fiance ..then spouse. We'd get the " when are u getting married" "have you filed immigration " etc. Now I do have to say that my husband is military and often travels in uniform. However, even when he didnt we have yet to be hassled...well nothing outside of the norm and he's never had to show his proof of ties support. If one were to base their ability to travel on our experience(s) it would be a resounding YES absolutely go for it and dont worry....however not all experiences are the same. We took a calculated risk and felt it safe to travel regularly. So far so good......hopefully only 2 more crossings before he has his interview.< cross fingers>

My advice is to be honest , smile ,look em in the eye and dont offer more than they ask for.

Good Luck

[misa 2]

Thanks! This makes me feel a bit better.

I should also mention that I don't travel to the U.S. for more than 3-5 days at a time maximum. This year I've gone down to the U.S. um... 4 times so far with no problems in saying I'm visiting friends.

I guess I'm just a little worried about when I have to say, "Visiting my husband". But I'll tell them the truth and have lots of documentation with me (including my return ticket/itinerary).

Though another question... when you file the first part of the K3 petition and you receive your first notification, is that application tied into your name/passport that they run through at US customs at POE?

[Flames9_RN 358]

Yes been covered many times here on VJ. Many have no problems, while some do get denied. I travelled monthly whiel my cr-1 was ongoing and never had a problem. Pretty much comes down to the POE officer some are more picky than others, or he may just be having a bad day!! Have evidence of ties to Canada (lease letter from employer) they help, but don't gaurentee entry. Best of luck, no can say yes or no if you will get in, just have a back up plan in case you get denied entry.

[Reba 2]

Yes, it has been known that when you're crossing the border, whether a land crossing or at an airport, that when they scan your passport they have access to the information at USCIS and ongoing petitions. If your petition has been received by USCIS, its always better to be truthful and say you're visiting your husband for the holiday and you're going back to Canada and back to work on XX date.

The fact you've been back and forth a few times already this year will also be known, and they may question those other visits. If for some reason they've flagged you and entered into the system that on previous visits you said you were visiting "friends" and now you're visiting your husband, they may pull you in to secondary inspection. Or they may not, depends on their mood.

I never lied when I was crossing to see my boyfriend/fiance/husband. I always said where I was going, why, and for how long. I had obvious ties back to Canada, because I also travelled frequently to the US for my job.

None of this is a guarantee that you'll be allowed entry. But if your husband can send you a photocopy of the NOA receipt when he gets it, that also may help to show that you are trying to do things the legal way. But only offer up evidence when asked for it. And only answer questions that they ask you, don't elaborate, and don't lie. It'll always come back to bite you in the ###.

[misa 2]

Thanks again everyone!

I've not visited him after having been married (we got married last weekend , civil ceremony) and we're filing the K3 sometime this coming week when he gets his birth certificate in the mail.

I think I'll just tell the the truth that I'm visiting my husband for the holidays and I'll definitely not offer up any more information than they ask.

Another question: I've never had my passport stamped by US customs except on the last visit. Does that mean anything?

[Flames9_RN 358]

Through my many times through Customs, sometimes they stamp, sometimes they don't!!

[misa 2]

Through my many times through Customs, sometimes they stamp, sometimes they don't!!

It's so bizarre! I guess it depends on the customs agent and whether they feel like stamping, huh?

[Caladan 19]

He is planning to visit me over New Year's, and he'll have a letter from his employer. If he gets denied, at least he's crossing customs on that side. But neither of us have ever been hassled.

Usually, when I travel into Canada, and they ask why, it's a two part answer: 'What's the purpose of your visit?' 'Who are you staying with?' Answered with: 'vacation/spring break/Christmas' and 'my boyfriend' and sometimes chattering about visiting Jasper. Sometimes they ask me what I do back in Connecticut.

Although there was the one time where they asked me all about him, instead. Very weird. I wanted to point out that *I* was the one they had to let in, as he was already there!

[misa 2]

They've never really asked me about him, just me (purpose of your visit) and what I do for a living (what kind of work do you do).

The last time they just asked how I knew this "friend" (to which I replied "friends of friends in upstate NY", which is true).

I guess I'm just feeling a little panicky now as we start the K3 process and everything is just so overwhelming.

Edited November 11, 2006 by misa

[Marilyn. 340]

if they ask, I would be honest and tell then you are going to visit your husband, the worst that could happen is that you get denied entry, which really won't effect your visa process...

it would effect it more if you lied and they found out... trust me on this

[misa 2]

if they ask, I would be honest and tell then you are going to visit your husband, the worst that could happen is that you get denied entry, which really won't effect your visa process...

it would effect it more if you lied and they found out... trust me on this

Thanks very much. I'll just be honest. I *hope* that they don't deny entry since that would royally suck not to be able to spend time with him. Plus you know, being out the flight money (which is of course secondary to not being able to see him).