PSA: I was given wrong information about visits with pending K-1.

[RachelleMyke 0]

I posted a few days ago asking about visiting the US after my fiancé sent in for a K-1 visa for me to move there. I was told by many people if I bring proof of ties to Canada, along with a mountain of other things I should be fine. I had everything prepared to show the officers if need be.

WELL that was not the case. I had booked a flight from Halifax to Boston, and was going through customs in Halifax. I got to the customs officer. He asked the purpose of my visit, "Visiting my fiancé". He asked how long I was staying "A week". He asked if i have had trouble crossing the border before. "Yes, I was denied entry and able to retract my application for entry in February." He said okay just one minute, another officer is going to talk to you. Fine. We go into another room with the other officer. He asks me the same questions, then asks if I intend on moving to the US or if my fiancé plans to move to Canada. I said "I'll be moving to the US" and he asked how. "We've applied for a K-1 visa" And that was the end of it. Instantly he shook his head and said okay no. You are a pending immigrant and you can't enter the US until it is approved, at all, no exceptions. He was very kind about it and even told me he had brought his wife to the US on a K-1 visa himself. I just told him I was 100% under the impression I was able to visit while the visa was still pending. But he assured me that is not the case. He even spoke with a supervisor to make absolutely sure and he also said no, you can't enter until the visa is approved. Bummer.

It will be probably 3 whole months my fiancé and I will be apart now since last time I saw him was for two days early March and he can't come to Canada because of his job, until the end of May, for another two days. Splendid. I wish I had known all of this before I purchased expensive plane tickets. Now I have flight credits we can only hope to use to fly from Boston to maybe Florida or California to visit family after I move to the US. I wish somewhere along the line this would have been explained clearly to me because I never would have wasted $550 for a drive to the airport and back home.

Perhaps the only good thing to come from this is that he said that lately he has been seeing the K-1 process only take 3 months. I don't know if he was just trying to make me feel better so I'm not really holding him to it... But that would mean it would be approved in 2 months from now....

Anyway I just wanted to warn everyone who might try to visit because it is not allowed.

[Harpa Timsah 13,258]

You can visit. You can also be denied entry. You were denied because you did not show that you would return when your visit is over. The stuff about "no one can visit with a pending visa" was a lie.

Sorry, good luck.

[HK12 273]

If it were true what they told you, then how do you explain all those thousands of people on here who visited during their K1 process without any problems?

On another note, I think you are extremely lucky that you can see your fiancé at least every three months. Not all of us are/were that lucky. I went over a whole year without seeing my then-fiancé, now husband.

Good luck!

[RachelleMyke 0]

You can visit. You can also be denied entry. You were denied because you did not show that you would return when your visit is over. The stuff about "no one can visit with a pending visa" was a lie.

Sorry, good luck.

He didn't even ask for any proof whatsoever. I had plenty of proof, but it didn't even come to that point. As soon as they knew I had the pending visa, it was just instantly a no. How can three agents just blatantly lie to me? I'm not trying to say I disagree with you I just don't understand why they would say that?

[RachelleMyke 0]

If it were true what they told you, then how do you explain all those thousands of people on here who visited during their K1 process without any problems?

On another note, I think you are extremely lucky that you can see your fiancé at least every three months. Not all of us are/were that lucky. I went over a whole year without seeing my then-fiancé, now husband.

Good luck!

That's what I'm wondering. I even said... I've been on a very popular website and MANY people have told their stories of visiting while their visas were pending. And he just kept saying "No. No. It is not allowed" I don't understand....... I can never get the same answer consistently which is just so frustrating.

[Harpa Timsah 13,258]

Why? So that you don't feel so bad about it. To spare your feelings. I think with the history of problems before, their minds were made up and they just were looking for an reason.

You can try again, though I understand the cost comes into play. Since you are now flagged as having been denied your odds of success decrease.

Good luck.

Edited April 9, 2014 by Harpa Timsah

[Mr.&Mrs.EMB 55]

Thank you for taking the time to share your experience.

[RachelleMyke 0]

Why? So that you don't feel so bad about it. To spare your feelings. I think with the history of problems before, their minds were made up and they just were looking for an reason.

You can try again, though I understand the cost comes into play. Since you are now flagged as having been denied your odds of success decrease.

Good luck.

I definitely will not be trying again. The agent told me he didn't enter anything into the system and it was as if I was never even there. I suppose I shouldn't believe that either? I don't trust them.

I definitely will not be trying again. The agent told me he didn't enter anything into the system and it was as if I was never even there. I suppose I shouldn't believe that either? I don't trust them.

Actually, he told me if I tried again it would probably prevent my visa from being approved because then I would knowingly be trying to enter the US even though I'm not allowed to.

[DandC 13]

He didn't even ask for any proof whatsoever. I had plenty of proof, but it didn't even come to that point. As soon as they knew I had the pending visa, it was just instantly a no. How can three agents just blatantly lie to me? I'm not trying to say I disagree with you I just don't understand why they would say that?

So sorry to hear that you were denied entry.

I personally know K-1 filers who visited and were let in without problems. Sucks that this wasn't the case for you. But just a few months of waiting isn't that bad... All the best!

[Harpa Timsah 13,258]

Actually, he told me if I tried again it would probably prevent my visa from being approved because then I would knowingly be trying to enter the US even though I'm not allowed to.

Oh that is wrong, Yikes. The other possibility is that they were truly clueless and making things up, or trying to scare you, or whatever. Unfortunately, they are the judge, jury, and executioner for entries. You could call CBP and ask them for their rules, but if the border agent has any inkling that the visa will be misused, then they have the final say.

I am sure it hurts and I am sorry. Rest assured it won't matter for your fiance visa. Best of luck.

[RachelleMyke 0]

Oh that is wrong, Yikes. The other possibility is that they were truly clueless and making things up, or trying to scare you, or whatever. Unfortunately, they are the judge, jury, and executioner for entries. You could call CBP and ask them for their rules, but if the border agent has any inkling that the visa will be misused, then they have the final say.

I am sure it hurts and I am sorry. Rest assured it won't matter for your fiance visa. Best of luck.

Thank you.

[Enigma23 68]

You could call CBP and ask them for their rules, but if the border agent has any inkling that the visa will be misused, then they have the final say.

I'm sorry this happened. Here's hoping for a fast approval, interview and visa issuance!!

Also here's what CBP sez:

https://help.cbp.gov/app/answers/detail/a_id/1247/~/travel-while-k-1-fiance%2Ffiancee-visa-pending

[gwenstar 66]

Oh that is wrong, Yikes. The other possibility is that they were truly clueless and making things up, or trying to scare you, or whatever. Unfortunately, they are the judge, jury, and executioner for entries. You could call CBP and ask them for their rules, but if the border agent has any inkling that the visa will be misused, then they have the final say.

I am sure it hurts and I am sorry. Rest assured it won't matter for your fiance visa. Best of luck.

OP - sad to hear that you were refused at the border However what Harpa has mentioned is correct....unfortunately the entry is left in the hands of the CBP and if they are misinformed or have any reason to think that you are intending to immigrate they have all the authority. Not that it helps, but at least they were nice to you....

Thanks for posting your experience so that people can see both sides of what could happen crossing the border with pending visa's. While many people have have not had problems with this it is important to be aware of potential issues/refusals.

Hopefully your visa will go through quickly and this will just be a small hurdle on your way to spending the rest of your life with your love!

[twinkie3841 1]

My fiance and daughter came for a 2 week visit over christmas while we were in the process. We did not get K1 Approval until Feb 2014. He had to prove he was only staying for 2 weeks and was allowed to enter no problem.

[jfgk1987 303]

I definitely will not be trying again. The agent told me he didn't enter anything into the system and it was as if I was never even there. I suppose I shouldn't believe that either? I don't trust them.

Actually, he told me if I tried again it would probably prevent my visa from being approved because then I would knowingly be trying to enter the US even though I'm not allowed to.

Unfortunately CPB has a lot more power than we all realize, they can literally do what they want when it comes to letting people through or denying them. They don't even need a valid reason as to why they deny you, all they need is a hint of an intent to fraud and you're done. They know they have this power and some will abuse it in a sense, by telling you things like what you were told. They were lying, they were trying to scare you. You ARE allowed to visit during the visa process, they can't even tell you've applied for a K-1 unless you tell them. It really depends on the mood of the officer you get and if you've been denied before. Even if you get denied you can still get in at other times, though multiple denials don't look so good in the eyes of the CBP. My fiance and I have gone back and forth during the process without an issue so far (through Toronto/Pearson), they never ask us for any extra information even though we always bring it, just the standard "where are you going, who will you visit, why, when are you coming back?" and "have a good trip!".

I was so sad to read your post yesterday in your surprise visit topic, I honestly did not expect that response