Help needed on K1 versus K3

[sly_wolf 199]

I have an additional question in regards to my situation.

I am able to take early retirement from the company I work for in about 2 years. Based on other people's experience, what are the issues if I were to continue to work in Canada (live in the US) during that time?

[Autumnchik 6]

Hi. During that time was your fiance restricted from entering the US to visit you?

Yes, on one occasion. At American Thanksgiving, I went to Vancouver to visit my fiance for a week. We intended to fly back to the US together so he could spend the Christmas holidays together. At the airport, going through Customs, we were up front about the fact that we were engaged and in the K-1 process. The border guard felt that my fiance did not show enough proof of ties to Canada and felt that, since we were in the K-1 process, he was no longer a tourist but rather an intended immigrant. He was allowed to withdraw his petition to enter the US at that time. In retrospect, if we could do it again, we would have brought documentation of ties such as pay stubs, letter from employer, etc. We were pretty clueless about immigration isses then!!!

We were fearful of trying a border crossing again (the experience freaked us out a bit) so we actually planned on him coming to Quebec province for Christmas, staying in a B&B right over the Canadian border from Vermont, and I would drive up frequently to visit him. When we got there, the border crossing was about 1/8 mile away, could see it from the B&B. I actually approached that crossing, spoke to the guard, explained the situation (fiance was not with me in the car). The guard suggested I call his supervisor at the main border crossing. I did, explained the situation, that it was truly a temporary visit, my fiance has a job to go home to and we did not want to jeopardize the K-1 interview we had scheduled. The supervisor was very understanding, said that in his opinion, there was nothing wrong with visiting while in the K-1 process. End result, my fiance was allowed to cross

Between the time at Thanksgiving that he was denied and his trip east at Christmas, I had also called several different border crossings, spoke to supervisors and presented the situation. Got a different answer each time. Some said, no you cannot visit while in the K-1 process, others said yes if you can show proof of ties to Canada. Just depends on the guard you get and if you can prove ties to Canada.