Can my fiance enter the US if his fiance visa is being processed?

[britty 1]

I visited my fiance in the US whilst my K-1 was being processed (Im from the UK). My POE was Washington DC and to be honest, I had no idea that there would be any concerns with me visiting him whilst I was being processed. Needless to say I arrived with no documentation detailing ties to the UK and when the immigration officer asked my reason for visiting, I simply told him I was visiting my fiance. I went on to tell him I was currently being processed for a K1 and hoping to get my interview soon. He wished me a nice holiday and wished me well for my future wedding. Moral of Story: Do not ever ever lie to immigration or try and hold anything back. If you are honest and upfront about your situation then any reasonable officer should be fine.

[blspicer 0]

Wow! I hope they're that nice in Charlotte

[buffertortoise 0]

Hey everyone,

My US fiance has spoken to USCIS, LAX customs and LAX immigration today regarding me travelling to the US while my K1 is being processed and she had the same response from everyone: There is absolutely no reason why someone who is filing for a K1 visa cannot visit their fiance in the States on the Visa waiver program. All said that a return ticket was enough proof that the non-US citizen intended to return to their home country but to bring some extra evidence to be sure.

I think that the case mentioned here where someone had the choice of returning home on the next flight or spending a night in jail is a pretty extreme case, and the majority of people will not have an issue IF they have the correct type of ticket and are honest with the immigration officials.

Hope that helps someone!

Buffertortoise

[TimsDaisy 0]

You're right - it was extreme. And it was not a case of my fiance visiting while the K1 was processed. But regardless of *why* someone gets refused entry at the border (airport POE, wherever), the result is usally the same: you're outta here on the next flight. There's no special discount for people who have to get out under those circumstances. I just want people to be aware of the worst-case scenario - which is costly.

[britty 1]

Wow! I hope they're that nice in Charlotte

maybe detour to DC just in case !!

[buffertortoise 0]

Hey everyone,

We filed our I-129F yesterday! hooray! and I am travelling to see my fiance in California this week. I am planning on showing my valid return ticket, a proof of enrollment letter from my University, a letter from one of my senior professors stating that I am expected back otherwise my degree will be jeopardised, but I don't have any financial proof to bring as I am at University and live with family. Can anyone recommend anything else? letters from family? I just want to be 100% sure!

Thanks,

Buffertortoise

[buffertortoise 0]

Does anyone have any advice of what I should complile please?

Thanks, I'd like to start getting it all together asap!

Buffertortoise

[AngelD 0]

I'm travelling on Friday to the US from Canada--to finalize the paperwork to send off for our K1. I have requested a letter from my work but haven't received it yet(and don't think I will in time). I have 2 older kids here in school who will be staying with my mother for the month I am gone. Will photo copies of their birthcertificates and health cards and a copy of my Child Tax Credit info from the Government of Ontario work as proof (along with my return ticket and consistant evidence of returning home)?

What about my bank statement-the one they mail me every month from TDCanadatrust? I have a lease but it from when we first moved into this house-3 years ago--should I bother with that?

I have travelled to the US through Toronto Pearson Int'l AIrport many times and since the birth of my American daughter-so far I haven't had an issue. just a kind reminder that I need to file for a visa to live in the states.

Thanks for any advice

[kitkat1 5]

Hey everyone,

My US fiance has spoken to USCIS, LAX customs and LAX immigration today regarding me travelling to the US while my K1 is being processed and she had the same response from everyone: There is absolutely no reason why someone who is filing for a K1 visa cannot visit their fiance in the States on the Visa waiver program. All said that a return ticket was enough proof that the non-US citizen intended to return to their home country but to bring some extra evidence to be sure.

I think that the case mentioned here where someone had the choice of returning home on the next flight or spending a night in jail is a pretty extreme case, and the majority of people will not have an issue IF they have the correct type of ticket and are honest with the immigration officials.

Hope that helps someone!

Buffertortoise

Every POE officer handles this differently. The word of USCIS or LAX immigration doesn't hold much weight if the officer suspects you have immigrant intent. Also, customs personnel have nothing to do with this.

Does anyone have any advice of what I should complile please?

Just use common sense - you want to prove that you do not plan to stay in the US. Letter from your university, proof of your bank account, anything else you can think of that proves you have a life you need to return to in your country. Letters from your family prove that you have family there to return to. Also, evidence of on-going activities in home country demonstrating a commitment to return, such as: membership in community clubs, membership in religious organizations.

[buffertortoise 0]

Ok so I'm planning to bring:

Return ticket

Proof of enrollment letter from University

Letter from professor stating that I must return to England to complete my degree

Letter from family stating that I live at home and contribute to rent

Bank statements from the UK

Credit Card statement from the UK

Student loan documentation showing that I owe money in the UK

Thats a hell of a lot to bring! haha! Does that sound like enough?

Buffertortoise

[marcycat 0]

Buffertortoise - I don't know for sure, but it definitely sounds like enough!!

My husband doesn't really have anything like that to bring (he's leaving his job at the end of this month, moving out of his apt soon too...) But we've pretty much decided to go for it, because it *seems* like they'll probably let him in. He can't work (legally) until he has his visa, and he's in a profession where you can't work under the table. My *impression* is that folks from countries on the VWP who get turned away often have something in their "history" that raises red flags -- like a previous overstay.

I may be writing in with a horror story in a couple of months, but hopefully not. You have WAY more documentation than he'll be able to provide -- I'm *guessing* you'll be fine.

[buffertortoise 0]

Hey marcycat,

Thanks for the reassurance! I tend to drive myself a bit crazy over stuff like this! Well since I am traveling this week I will of course let you know how everything goes! After all my anxiety all I will get is 'have a good vacation sir' and be waved through!

Buffertortoise

[vernouil 0]

I am going to file the Fiance Visa forms on February 14th. My fiance, who is english and on the visa waiver program, wants to come over for a visit in March and stay for about 2 months. Will this cause problems and will they even let him into the country. I've asked two different attorneys and i've received two different answers. He will return to England probably before the visa is accepted but I didn't want them to deny him entry in March after we've payed for the plane ticket. If anyone has any idea please let me know. Thanks.

Not a pbm . I have done it 10 times from france to JFK the past 6 months. Ust be honnest and say you are coming for a

[blspicer 0]

Thanks vernouil, it's reassuring to know there are good customs officers out there. We did have to change his flight so he will be entering the US on April 10th and his return is July 7th. If anyone has made this trip from London to North Carolina while your K-1 was being processed I'd like to hear about your experience. I haven't heard of anyone using Charlotte as a POE so I guess we're just not as popular .