Can my fiance enter US while K-1 is in process?

[thinair28 0]

My fiance and I submitted our initial K-1 application about a month ago. She lives in Vancouver, BC, and I in Seattle, WA. Is it possible and/or safe for her to try to enter the US just to visit (say for a weekend) while the visa is in process? I understand that the immigration officer at the border may be skeptical that she would be entering to stay permantley and not just as a tourist.

I have heard of people bringing proof of continued employment or housing or similar documents to prove they will be going back to Canada and not staying in the US.

Has anyone tried this or have experience with this?

Thank-you

Danny

[evilcanuck 0]

i lived 5 hours from my fiance, and i crossed over every second weekend during the visa process....all i ever did was answer the questions that were asked, never offering more information than was requested...citizenship, where do u live who are u going to visit etc....but i never ever used the word 'fiance' ...just said my 'boyfriend'. i was never questioned beyond the usual 3 or 4 questions...where do u work and when do u have to be back to work etc. doesnt hurt to have proof of ties to canada i guess but i found i never needed it. just chose my words carefully...except once when they asked me about a box of country music tapes in the back seat, and I said they were for my mother-in-law. we werent married yet but i always called her that. this was the day after i had gone to the montreal consulate meeting, i was hauled in the office and questioned etc, and thankfully i still had all the stuff in my car from the interview so i was able to show them what was gong on, because of course the petition came up when they ran my name etc. I actually found out that I had been approved for the visa by the guys at the border lol

[daisy16 0]

Yes, I too crossed successfully twice while the K1 is in process. However, not everyone does. Lots of evidence proving the need to return are required, such as a letter from the employer. And don't take lots of stuff across! A Uhaul truck might make them suspicious!

[evilcanuck 0]

Yes, I too crossed successfully twice while the K1 is in process. However, not everyone does. Lots of evidence proving the need to return are required, such as a letter from the employer. And don't take lots of stuff across! A Uhaul truck might make them suspicious!

lol @ Uhaul

Every time I crossed I packed the hell outta my suitcase. By the time I was approved all I had left to move was my furniture

[Flames9_RN 358]

Not to harp, but this is a weekly question here on VJ, so if ya did a search you wil find many postings. In short many have no problems crossing, BUT some do, so have a back up plan if you do get denied! It all depends on the POE officer and how likely he thinks you will stay and reside in the USA. Bring supporting evidence of ties to Canada, ie. letter from work, apartment lease, etc etc. Personally I travelled monthly to DC without a problem, I packed light and dressed well. Answer the POE officers questions honestly, but dont add to them. I dont think I ever mentioned I was dow to see my wife!! They would ask, busineess or pleasure normally, and I would state pleasure and back on so an so a date. Best of luck

[Dusy 0]

I live 2.5 hours away, and I would go down every other weekend. Like Evilcanuck, I would use the "boyfriend" instead of "fiancé". I always had letter of employment, copy of lease , etc with me, but was never asked for them. Just usual questions. I never had any problems. All depends on the border guard, I think.

Good Luck!

[john_and_marlene 162]

Yes, I too crossed successfully twice while the K1 is in process. However, not everyone does. Lots of evidence proving the need to return are required, such as a letter from the employer. And don't take lots of stuff across! A Uhaul truck might make them suspicious!

[Saddle Bronc 124]

Yes; it would be a good idea to take a copy of the petitions/NOA's (or consulate interview appointment letters) along on such visits as evidence of intention to go back (USCIS uses some rather strange logic, but one of them is that since the applicant for consular processes MUST leave US to go to the consulate, it is sufficient evidence of not having immediate immigrant intent).

[zyggy 9]

i lived 5 hours from my fiance, and i crossed over every second weekend during the visa process....all i ever did was answer the questions that were asked, never offering more information than was requested...citizenship, where do u live who are u going to visit etc....but i never ever used the word 'fiance' ...just said my 'boyfriend'. i was never questioned beyond the usual 3 or 4 questions...where do u work and when do u have to be back to work etc. doesnt hurt to have proof of ties to canada i guess but i found i never needed it. just chose my words carefully...except once when they asked me about a box of country music tapes in the back seat, and I said they were for my mother-in-law. we werent married yet but i always called her that. this was the day after i had gone to the montreal consulate meeting, i was hauled in the office and questioned etc, and thankfully i still had all the stuff in my car from the interview so i was able to show them what was gong on, because of course the petition came up when they ran my name etc. I actually found out that I had been approved for the visa by the guys at the border lol

Stating a boyfriend and not fiancee could be seen as a matrial misrepresentation and result in a permanent ban on entering the US... If they ask and you have a fiancee... say you have a fiancee..

[evilcanuck 0]

Stating a boyfriend and not fiancee could be seen as a matrial misrepresentation and result in a permanent ban on entering the US... If they ask and you have a fiancee... say you have a fiancee..

I dont think saying boyfriend instead of fiance is misrepresentation, during the engagement period the fiance is still the boyfriend....

[zyggy 9]

Stating a boyfriend and not fiancee could be seen as a matrial misrepresentation and result in a permanent ban on entering the US... If they ask and you have a fiancee... say you have a fiancee..

I dont think saying boyfriend instead of fiance is misrepresentation, during the engagement period the fiance is still the boyfriend....

I disagree... and in this case the opinion of the CBP officer is the only opinion that counts... A fiancee has a certain connotation, a connotation that could have resulted in a change of determination in a CBP officer's mind in whether to allow entry or not...

Let me ask you this.... do you tell other people he is your boyfriend or your fiancee...

if you generally refer to your fiancee as such and as a boyfriend only while at the POE because you know that if you say fiancee you chances of being denied entry are increased... then that is a material misrepresentation and if found out could result in a permanent ban on entry to the US...

[evilcanuck 0]

Let me ask you this.... do you tell other people he is your boyfriend or your fiancee...

if you generally refer to your fiancee as such and as a boyfriend only while at the POE because you know that if you say fiancee you chances of being denied entry are increased... then that is a material misrepresentation and if found out could result in a permanent ban on entry to the US...

i call him my husband now hehehe

when we were going thru the visa process we werent 'officially' engaged (no ring on one knee proposal) It wasnt until my visa was approved that he (finally got around to) proposed 'officially' and it was such a short engagement I often referred to him as boyfriend. We have been married a month now and we both slip up with it. He mentioned his 'girlfriend' being from canada to someone the other day...I punched him in the arm

[Flames9_RN 358]

Considering where Zyggy works ( or used to work??) as a canadian Customs officer, I would think he (or zyggy a she??) knows what he/she is talking about!! But one VJ member did say Canadian customs officers were morons, lol!! Just kidding Zyggy!!

Edited March 10, 2006 by flames9

[zyggy 9]

Considering where Zyggy works ( or used to work??) as a canadian Customs officer, I would think he (or zyggy a she??) knows what he/she is talking about!! But one VJ member did say Canadian customs officers were morons, lol!! Just kidding Zyggy!!

Actually I was a US INS Inspector...my function in INS was merged with Customs to form CBP about 2 years ago...

neiks is a Canadian Customs officer...

And I am a he... at least the last time I checked...

[Flames9_RN 358]

Roger that Sir!!! lol For the most part I have found the Immigration/Customs people great on both sides, Canada and the USA. I think have only had one hassle with the USA immigration and that was at Xmas coming back from Canada with my WIfe, who is the USA citizen. He didnt care about me, but paid her a lot of attention, questioning her in English and Spanish. Wife was not pleased, lol. Can't give the circumstances, but she did have a right to be ticked off!!