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Filed: K-1 Visa Country: Canada
Timeline
Posted

Hey just wondering if anybody knew whether or not I can stay in America while waiting for the K-1 visa? I live in Canada and want to wait in america with my fiance. We have recieved the letter saying they had recieved our petiton and its been 5 months since we have heard anything else. Can I move my furniture over and wait or am I likely to be turned away as I look like im coming over to work? Any advice would be appreciated.

Thanks

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

No. Now that you are in the system for immigration intent border security will not let you enter the US.

Visa K1

NOA1 02/23/09

NOA 2 07/14/09

NVC out 07/24/09

P3 08/17/09

P3 Out 08/19/09

P4 09/10/09

Interview date:10/20/09...We are Pink!

Visa Picked up 10/22/09

Stateside Feb 3rd. 2010. POE: JFK

Married Feb 20th, 2010

===================================

AOS sent 4/6/10

NOA1 4/13/10

Biometrics 5/7/10 (Appointment Letter Recvd 4/27/10)

I485 transferred to CSC 4/30/10

Email received, AP and EAD approved 6/17/10.

AP received 6/25/10.

EAD received 6/28/10

Email, Card production ordered 8/16/10.

GC in Hand 8/27/10

=========================================

I-751 Mailed 6/22/12

Biometrics 7/20/12

Approved 2/14/13

GC in Hand 2/21/13

Filed: Citizen (apr) Country: Mexico
Timeline
Posted (edited)

A definite maybe !!

you can stay as long as you are here legally, but must return for the interview at the embassy, but in NO CASE should you overstay since that can throw the entire process out the window. You can also come and go as often as you like, but you run the risk of being turned back at the border at any time, so be prepared for that. You need to be completely honest and tell the CBP folks that you have a K-1 in process, when it was filed, and that you are obviously not going to screw that up this far into the process. Have documentation from USCIS that you can show them.

Some people here have been back and forth many times, while others were denied on their first attempt, so it is really hard to predict, although I think most would agree that coming with a truck full of goods makes it more likely that you would be turned back.

If you live close to the border, why not go for it, but if you have to drive hours and hours with a truck full of goods, the risk/reward starts to look less attractive.

And Sam, what you say is not correct. She will not be automatically rejected.

Edited by magical
Filed: K-1 Visa Country: Canada
Timeline
Posted
  On 2/25/2013 at 12:03 AM, magical said:

A definite maybe !!

you can stay as long as you are here legally, but must return for the interview at the embassy, but in NO CASE should you overstay since that can throw the entire process out the window. You can also come and go as often as you like, but you run the risk of being turned back at the border at any time, so be prepared for that. You need to be completely honest and tell the CBP folks that you have a K-1 in process, when it was filed, and that you are obviously not going to screw that up this far into the process. Have documentation from USCIS that you can show them.

Some people here have been back and forth many times, while others were denied on their first attempt, so it is really hard to predict, although I think most would agree that coming with a truck full of goods makes it more likely that you would be turned back.

If you live close to the border, why not go for it, but if you have to drive hours and hours with a truck full of goods, the risk/reward starts to look less attractive.

And Sam, what you say is not correct. She will not be automatically rejected.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

You may visit, you may not move nor may you live

Moving your furniture requires a valid immigrant visa, you may be permitted, but your stuff probably won't.

My husband was stopped and inspected when he crossed with 1 suitcase of mine. Besides, moving your funiture will scream immigrant intent and will most likely result in a denial.

keep in mind, while visiting, you'll need your police certificate, medical and interview to be done in Canada

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

Posted (edited)
  On 2/24/2013 at 11:58 PM, Sam and Fen said:

No. Now that you are in the system for immigration intent border security will not let you enter the US.

This is absolutely not true. People are not automatically turned away at the border just because they have a pending I-129f or I-130. Many people here (myself included) have visited while waiting.

However, showing up with furniture may not be a good idea. You can visit, but you are visiting, not moving (yet).

Edited by Lainie B
Filed: K-1 Visa Country: France
Timeline
Posted

You can visit. Please read "yes you can visit" it is a pinned subject.

Don't bring your furniture though, you'd be turned down for sure. Just accept to live out of a suitcase for a few months. Perfectly doable and much better than being separated good.gif

Good luck to you! I hope you can spend the rest of your waiting time with your fiancé!

Good luck in your visa journey!

From the day we sent I-129F to the day I recieved my K-1: Exactly 9 months
I am the benifeciary

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Filed: Citizen (apr) Country: Mexico
Timeline
Posted

What Canadian wife says about inspection is absolutlery true, but applied differently in every case, and you just can't predict the outcome.

In our case, I made several trips to Costa Rica with two HUGE empty suitcases, and brought back many items, including some furniture which we had disassembled, and I was never inspected. Would it have made a difference if my wife had visited here with the same two suitcases full of furniture and other household goods?? Impossible to say, but the odds would go up that she would have been, so when she visited, she only brought clothing, shoes--lots of shoes--and cosmetics--lots of them, too.

And she was never inspected either. So you just don't know.

Filed: K-1 Visa Country: France
Timeline
Posted
  On 2/25/2013 at 12:32 AM, magical said:

What Canadian wife says about inspection is absolutlery true, but applied differently in every case, and you just can't predict the outcome.

In our case, I made several trips to Costa Rica with two HUGE empty suitcases, and brought back many items, including some furniture which we had disassembled, and I was never inspected. Would it have made a difference if my wife had visited here with the same two suitcases full of furniture and other household goods?? Impossible to say, but the odds would go up that she would have been, so when she visited, she only brought clothing, shoes--lots of shoes--and cosmetics--lots of them, too.

And she was never inspected either. So you just don't know.

They asked me once how many luggage I had. I said one. The guy sent me to secondary check... My guess was that it was to make sure I just had one luggage, cause they didn't ask me more questions in secondary check. So this can make a difference to have only reasonable luggage when visiting the US. But how much is too much? This probably depends on the custom guy....sad.gif

Being a foreigner, traveling with many items in a country can be considered as suspicious signs of intent of immigrating (and we must show them we won't immigrate... so bringing a lot of stuff is probably not a good idea)

This is different for the USC, you live in the US, ... No intent to immigrate for you no0pb.gif

To the OP, wether they control you or not is luck. But if you are all stressed because you think there is a good chance they'll refuse you if they control you.... then there is a good chance they control you. I really think they actually look out for stressed people, people who show signs of anormal anxiety etc. This is not all just random (even if it can be too)...

anyway... good luck!

Good luck in your visa journey!

From the day we sent I-129F to the day I recieved my K-1: Exactly 9 months
I am the benifeciary

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Posted

What if the US Citizen was all alone driving with their future spouse's furniture? Then, the future spouse drives later with only one suitcase? Still no intent to immigrate, of course.

I am the USC.

--------------

Permanent Resident since December 23, 2013

Filed N-400, February 8, 2017

Filed: K-1 Visa Country: Canada
Timeline
Posted

thanks for your help!! its just so hard being with someone from another country!! every part of you just wants to be with them but u cant u have to play by the rules. I live right on the border of america and canada and see my fiance nearly every 2nd week. its complete torture yet I know im lucky as alot of people cant see there loved one as often. COME ON VISA!!!

Filed: Citizen (apr) Country: Jordan
Timeline
Posted

Consider yourself lucky, most of us did not have the option to have our SO visit during the immigration process. You only have a few months to go, you will survive. Good luck!


Filed: K-1 Visa Country: France
Timeline
Posted
  On 2/25/2013 at 4:30 AM, Waiting234 said:

What if the US Citizen was all alone driving with their future spouse's furniture? Then, the future spouse drives later with only one suitcase? Still no intent to immigrate, of course.

I guess a USC would be fine driving with furniture... This can be a bit strange if it is a lot of furniture and he never lived in canada. To move stuff from a country to the US and clear customs (using moving services for exemple) you need to live or have lived in the country you are moving stuff from, and prove that you will be a resident in the US (you can use the K-1 visa). I am in the process of moving, and this is what I have beeen asked

So, if it is too much, he might have to pay something at the border for customs if he is alone (with no one actually officially moving from canada to the US). I seriously doubt it would happen or there would be any problem though, but since you asked....

Good luck in your visa journey!

From the day we sent I-129F to the day I recieved my K-1: Exactly 9 months
I am the benifeciary

event.png




Filed: K-1 Visa Country: Sweden
Timeline
Posted
  On 2/24/2013 at 11:50 PM, Caniwirose said:

Hey just wondering if anybody knew whether or not I can stay in America while waiting for the K-1 visa? I live in Canada and want to wait in america with my fiance. We have recieved the letter saying they had recieved our petiton and its been 5 months since we have heard anything else. Can I move my furniture over and wait or am I likely to be turned away as I look like im coming over to work? Any advice would be appreciated.

Thanks

Hi, I was advised to stay put in my country! :(

Filed: AOS (apr) Country: Canada
Timeline
Posted (edited)
  On 2/25/2013 at 10:25 AM, Lillen Faith said:

Hi, I was advised to stay put in my country! :(

Most likely good advice. I know you can visit but you have to bring the right amount of proof that you plan to return to your country and frankly, its up to the immigration officer at that point. Lots of people on this site have been turned away at the border when attempting to visit with a pending K-1. I doubt all of those people were unprepared to make a case for their return to their home country. My suggestion and thinking for our journey was to continue to visit her and her family in Canada while the K-1 was processing. It made more sense for us because I wanted more time with her and her family since she was preparing to leave them for the US. I made several trips to Canada during our K-1 processing. Now I realize Canada is fairly cheap to visit, but I'd suggest sponsors visit the beneficiary's country if possible as you won't be able to after k-1 POE until AP a few months later. But, i know, there are jobs to consider and possibly lopsided travel costs so people will ultimately have to do what is right for their situation.

Edit:

Oh and a link to the discussion on visiting on a K-1 if OP wants to attempt:

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

Edited by GandD
 
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