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

[Pitaya 2,577]

Sorry to hear of your issue with CBP.

When we were going through the K-1 process, we realized pretty early on that it would likely take an Act of Congress for a visitor visa to be issued to my fiancee, a single Chinese female. However, it was relatively easy for me to get a 1-year Chinese visitor visa. So, I did the eleven-hour flight from Seattle to Beijing three times while the K-1 visa was being processed. YMMV

Good luck on your visa journey.

Edited April 9, 2014 by A&B

[Penny Lane 8,159]

I visited the United States multiple times while my K1 visa was pending, some even for a month at a time, and I had no problems. So you were not given incorrect information, you simply had a different experience.

Unfortunately, it doesn't surprise me at all. Throughout this entire process, I have been told multiple things by "officials" that I knew were incorrect. Not much to do about it. Sorry it happened to you.

Edited April 9, 2014 by Penny Lane

[Messybrownhair 251]

Sorry to hear that. I was allowed to enter back in 2010 for my then fiancee's graduation. I guess I got lucky, or you were just unlucky.. At any rate, 3 months will be easy, you can do this!

[jan22 3,056]

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?

In your particular situation, perhaps they were not lying. Maybe they determined that for you -- for example, perhaps something that was put in your record the previous time you were denied entry -- means that you cannot be granted entry into the U.S. until you have the K-1. Doesn't mean that it's true for everyone.

Sorry you couldn't make the trip -- hope all goes well with his visit to you soon.

[ChicagoSarah 127]

Sorry to hear about this. Definitely shows that the CBP can and do decide your fate at the border.

[Lemonslice 4,859]

A friend of mine, and many colleagues also, repeatedly had trouble of all kind at the POE at the Halifax airport; so, not saying it is a "difficult" or problematic one, but... heard more stories from there than from YYZ, YOW or YUL. I visited often myself , mostly crossing at land POE though; a few questions, but no problem.

[christeen 966]

It is purely an on sit call whether or not you get admitted... There is no blanket "cannot enter with k1 pending" rule and the part about trying again will effect you k1 is total BS... Sorry that was the decision they made and unfortunately their decision at that moment from those officers stands for that trip. If you really wanted to try again I would be more forceful introducing my proof of returning, I would be determined to,show that you MUST return home, don't wait for,them to ask for proof... But I can also understand to wanting to go through that again and sitting tight till the k1 processes

[twofors 30]

It is sad and unfortunate that you had to spend all the money you did to find out how incredibly difficult CPB can be. Just from the experience my fiance has had over the years I know each group of officers will treat you differently on each trip you make. And all of the wonderful people on this site have had different experiences. It's amazing how a country created, built, and ruled by people whose families were all immigrants at some point in time can be so difficult.( disclaimer - native americans that have or are currently working in our government). I am sure these officers see everything over years of working at customs and immigration. Sad that we all suffer for those individuals that do use the system to immigrate illegally. My heart goes out to you and your future husband. And I am sure most of the people on this site have felt the sadness and frustration you are currently experiencing. Just know you are not alone.

[lkerky 25]

You can visit but as Harpa said you can be denied entry. I went to visit my fiancé multiple times. A total of four times and was never denied. I was honest and told them everything. I was only asked once for a return ticket.

The process will not take only 3 months- maybe if you are lucky. You have to be approved then start the K-1 process of interviewing.

My total journey was five- six months. I was also interviewed in Vancouver which had faster processing times at the time than Montreal.

[Sparkles2013 9]

That's so strange! I am also Canadian, and I am pending a CR1 Visa. I was JUST in the US to visit my husband. I was asked similar questions: "Why are you coming to the US?"- To visit my hsuband. "How long are you staying?" - 7 days, i go back to work on Wednesday. "Will you be moving here?"- Eventually, we have a CR1 Visa in progress.
...and that was it. It was literally a 50 second intercation, and then i was permitted to cross. Mayeb it is different with a K1 Visa, but I am aware of other couples that were permitted to visit with the K1 pending....

Sorry that happened to you That really sucks!

[MiniKoala 13]

... 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.

I learned on VisaJourney that the correct answer to the question about immigration plans is, "Not until my K-1 is approved". Being vague in your answer is suspicious, and making it absolutely clear that you are NOT intending to immigrate on this trip is absolutely crucial.

It is sad and unfortunate that you had to spend all the money you did to find out how incredibly difficult CPB can be. Just from the experience my fiance has had over the years I know each group of officers will treat you differently on each trip you make. And all of the wonderful people on this site have had different experiences. It's amazing how a country created, built, and ruled by people whose families were all immigrants at some point in time can be so difficult.( disclaimer - native americans that have or are currently working in our government). I am sure these officers see everything over years of working at customs and immigration. Sad that we all suffer for those individuals that do use the system to immigrate illegally. My heart goes out to you and your future husband. And I am sure most of the people on this site have felt the sadness and frustration you are currently experiencing. Just know you are not alone.

I agree with this post entirely!

I had various weird POE experiences, too. The first few times I visited my husband (then-bf) I was completely clueless about the possibility of being denied. Every time they asked me about the purpose of my trip I would excitedly tell them that I'm visiting my USC bf, not realizing that this could be a cause for denial of entry. And every single time the officers made it super easy for me, smiling at me and wishing me a good stay. After graduating from University I went to visit again, for a full three months, with no job or apartment or school to return to in my home country. I was brought into second inspection by accident (I had stupidly updated my ESTA the day of departure and it screwed up their info in their system) but was grilled once I told them about my situation. I was allowed into the country after the officer talked to my then-bf on the phone. He told him about the K-1 and my then-bf he assured him he understood what the law was and that we were not getting married during this visit.

We sent in the I-129f towards the end of that stay. I visited again after two months, for over five weeks. I had ZERO problems at POE. I did tell them, 1) We're in the K-1 process, 2) I'm not intending to marry or immigrate during this visit. I didn't have to go through second inspection or anything.

I am sorry you were denied entry again. I hope your K-1 journey goes smoothly and that you can be reunited with your fiancé soon!

[SweetieUs 4]

I'm very sorry you went through that. I traveled to USA after NOA2 and was only asked how long I was staying (2 weeks) and I was admitted without any problem. Be patient. You are lucky that you will at least see your fiancé for a couple of days.

[Eric-Pris 1,606]

Also here's what CBP sez:

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

Great link.

Can I travel to the U.S. for business or pleasure while my K fiancé/fiancée visa is pending?

You can travel however you may be subject to scrutiny. Travel under another visa status or the visa waiver program is not advised for K-1 fiancé/fiancée visa applicants prior to the approval of their K visa as they have already indicated their intention is to marry in the U.S.

So those 3 CBP officers are full of crapola. They don't know the rules. In their minds, it's a definite no way, not allowed, never... and this document shows that it is allowed under the right circumstances.

So while, you may or may not have had enough ties (like you said, they didn't even ask to see it), they should not have denied you simply on the fact that you have a k-1 pending.

This seems to be as subjective as tourist visas at the US embassy abroad. It depends on who you get. I know people who have gone multiple times with the same ties/proof and been denied some times and approved others. It's pretty much crapshoot.

[Jeremy12095 8]

From the us consulate in Barbados. This explains it fairly well.

Can I travel to the U.S. while my application for an immigrant visa is being processed?

If you intend to take up permanent residence in the United States, you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or travel there visa free under the Visa Waiver Program while awaiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a short visit for business or pleasure at the end of which you will return to your permanent residence outside the U.S., you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

If applying for a B-2 visa, you are required to furnish evidence of your residence outside the U.S. to which you intend to return at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon your overseas residence, it is certainly a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend to abandon your overseas residence, you will not be issued a visa.

When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you, for presentation to the U.S. Immigration Offier, evidence of your residence outside the U.S. If the Immigration Officer is not convinced that you are a bona fide short term visitor for pleasure, you will be denied entry into the United States regardless of whether you hold a tourist visa or not

[baron555 934]

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!

During out timeframe, my fiance was most likely not even able to obtain a visa to visit me. We got through it and actually used/needed the time to organize our lives and our future lives together. I have no sympathy for those who are normally able to visit and then can not. Most are not able to visit.