Immigration questions for K-1 Fiancee when she's at US Customs

[Freemind81 1]

I'm filling out the paperwork for the K-1 Visa and am about to send in the I-129F packet.

However, my fiancee is coming to visit me in the beginning of March and I'm a little bit concerned about US Customs.

What is she supposed to say at Customs when they ask her what's the purpose of her visit?

Does she lie and tell them she came to visit friends and sightsee? But if they do any digging and find out she has a Fiance, it'll be bad news. Would immigration know? (Since I submitted the paperwork to USCIS). Even if she's got the OK to go through what happens later on when she has Visa interview in American consulate in Japan. Since she only told US customs that she came to visit friends, wouldn't American consulate in Japan attack this point?

Does she tell them the truth and say she came to visit her Fiance? She's only going to be staying here for less than a month (she's on VWP) and I'm going to supply her with the paperwork/proof of the received I-129F from USCIS. But there's the chance the US Customs will think that she's trying to AOS here (even though my I-129F should be submitted by then) and deport her.

My apologies for the long/convoluted post. Maybe I'm being paranoid and overthinking everything. But everything is so much more difficult with Customs when the thought of Marriage comes into play.

I know doing the AOS method is risky and illegal so we had decided to do things the legal way. Even doing things legally now, I feel like I'm committing some major crime.

Edited February 1, 2015 by Freemind81

[Boiler 45,536]

If she lies she would be commiting a crime that could have nasty consequences.

[sma1488 155]

She should never lie. Period.

Assume that immigration knows exactly what you have filed. She should bring with her proof of her ties to Japan for the time being, probably even above and beyond what someone using the VWP would normally bring. Nobody can tell you for sure what will happen, because it's on a case-by-case basis. I would guess her chances of getting in are far greater than her chances of getting turned away, though. If she is not allowed to enter, it is not a "deportation" as you referred to it and will not affect her immigration process going forward.

Edited February 1, 2015 by sma1488

[AmAjjD 33]

My fiance would visit all the time and he never had any problems, he just told the truth. They'd ask him questions about his job/family to make sure he had ties to the UK so if you're concerned about it I would bring proof of current job. My husband brought his work ID with him in case they wanted physical proof but her never had a problem and he visted about four times since we filed.

[SantyAndAllie 155]

There is a separate thread on this.. check out "yes, you can visit!" ( http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/) My fiance is also coming on the VWP while waiting the visa. As far as others have said, it seems like they don't just 'know' about the visa when you go through customs. Don't lie. Have your fiancee say she's visiting you and your family. That's what my fiance is saying. He's also coming to my sister's wedding, so he'll be showing the invite for that, as well.

It's pretty much honestly like any other time she's come to visit... just now she's your fiance. Which yes, can make them think AOS, but they may not even know that info when she comes in. She'd be voluntarily telling them that and showing that you're waiting on a fiance visa and are visiting in the mean time. It's always good to show ties, regardless, but it's just like if she were visiting any other time. Deportation is ALWAYS a risk on VWP.. always. It just may mean a tiny bit more of a chance of it when you're engaged, but it shouldn't be, seeing as you're awaiting a visa. So why go through the time and effort if you're planning AOS?

Seems like there haven't been too many problems with people coming in to visit.That thread will give you experiences and all the recent info you need to give her. 90% chance that she'll get through customs just fine. As others have said, just don't have her lie or be sneaky. Be honest up front, and have her let them know, in case they ask (because if they hear fiance, they will ask), that you do NOT plan on getting married in this trip. That you will be getting married when she returns with a fiance visa that she has filed for. Don't offer that info unless they inquire, but it's smart to have a backup of your application in her hands to show if need be.

Also- get her POE into a VERY good airport. Some customs in airports are worse than others.

PS.. have her bring the proof of 'ties', but don't stress too much if she doesn't have many. Most people were not asked to show any. (see that thread). My fiance wasn't asked for any the times he came, either. He doesn't have a tax-paying job or own a home. He just showed a round trip ticket (highly recommended), so dont fret too much if she doesn't have a ton of ties.

Edited February 1, 2015 by lovecometruex

[jess100 53]

if she is turned away it would at least be considered a removal, correct? -unless she is allowed to withdraw her request to enter. This is what happened to us and he was removed (visa stamped "cancelled" all over it) . After a removal there's a 5 year bar to re-enter the US, and your case can become very complicated. (now she is an immigration problem) So please use a LOT of caution before deciding she should visit. Would you be better off meeting in another country for her visit?

Always tell the truth, and always assume that they know what you don't want them to know (but won't know the things you think they should know already) I agree with the other posters that she has to have enough evidence "to overcome the presumption of immigrant intent". She should bring as much as possible with her to show that she plans to return to her country.

[Freemind81 1]

Thank you everyone for the posts. I truly appreciate it.

She unfortunately doesn't have a job now and she hasn't had a job since October.

I told her she should be honest and upfront if they ask. That she came to visit her Fiance but is going back.

I plan to give her the confirmation from USCIS when I send in the I-129F packet.

Her best friend's wedding is in April so I suppose I could have her bring the invitation as proof of her going back.

Any other pieces of proof that I can have her bring?

[SantyAndAllie 155]

Thank you everyone for the posts. I truly appreciate it.

She unfortunately doesn't have a job now and she hasn't had a job since October.

I told her she should be honest and upfront if they ask. That she came to visit her Fiance but is going back.

I plan to give her the confirmation from USCIS when I send in the I-129F packet.

Her best friend's wedding is in April so I suppose I could have her bring the invitation as proof of her going back.

Any other pieces of proof that I can have her bring?

I highly, highly recommend reading the yes, you can visit thread, lol. At least the recent pages (theres a million posts!). People (and customs, if you call them, as I did) will tell you the best proofs are job, education, owning a home, etc. But you can also show round trip plane ticket or anything else that shows she will be returning. Like I said, for my fiance, it's a round trip ticket, the k1 if they want it, and a letter from his employer just to show he does have employment (probably not going to help any, but just in case). If she doesnt have a job, etc, then get a round trip ticket. I can only speak from experience and what i've read from people recently on that thread, but it seems a good majority of people are not even asked for the ties. But some people get grilled. Sometimes they just want to see the round trip ticket, but again, different experiences for everyone. It's always a risk. You never know what will happen, but just bring what others have recommended, pick a good POE, and hope that it goes well! Good luck!

PS a good amount of airports now have a passport self check kiosk that you go to first, which seems to help tremendously with the efficiency of customs. Hopefully she won't have any problems.

PPS- OP, looks like youre from Jersey? I live pretty close to Cherry Hill! DO NOT use Newark! Just as a word of caution. We had so many problems there! Some people get thru just fine, but I highly recommend having her come thru JFK or Philly for this visit. I personally think Newark is awful with immigration. My fiance is coming thru JFK for that very reason.

Edited February 1, 2015 by lovecometruex

[Freemind81 1]

I highly, highly recommend reading the yes, you can visit thread, lol. At least the recent pages (theres a million posts!). People (and customs, if you call them, as I did) will tell you the best proofs are job, education, owning a home, etc. But you can also show round trip plane ticket or anything else that shows she will be returning. Like I said, for my fiance, it's a round trip ticket, the k1 if they want it, and a letter from his employer just to show he does have employment (probably not going to help any, but just in case). If she doesnt have a job, etc, then get a round trip ticket. I can only speak from experience and what i've read from people recently on that thread, but it seems a good majority of people are not even asked for the ties. But some people get grilled. Sometimes they just want to see the round trip ticket, but again, different experiences for everyone. It's always a risk. You never know what will happen, but just bring what others have recommended, pick a good POE, and hope that it goes well! Good luck!

PS a good amount of airports now have a passport self check kiosk that you go to first, which seems to help tremendously with the efficiency of customs. Hopefully she won't have any problems.

PPS- OP, looks like youre from Jersey? I live pretty close to Cherry Hill! DO NOT use Newark! Just as a word of caution. We had so many problems there! Some people get thru just fine, but I highly recommend having her come thru JFK or Philly for this visit. I personally think Newark is awful with immigration. My fiance is coming thru JFK for that very reason.

Thanks for the post!

She's coming through Detroit Airport first. And yes, her connecting flight is to Newark where I'll be picking her up. Wonder if that'll be ok. =(

[SantyAndAllie 155]

Thanks for the post!

She's coming through Detroit Airport first. And yes, her connecting flight is to Newark where I'll be picking her up. Wonder if that'll be ok. =(

No problem! Also dont forget her ESTA!

And yes, that should be fine! POE is the first US airport you come in through. I mean, I'm sure people have had fine experiences with Newark, but I and several others definitely have not. So as a precaution, we avoid that airport when it comes to POE on the VWP. Newark is bad news in general!

[TBoneTX 45,319]

The CBP agent can also be told that the I-129F has been filed and that a large part of this visit is to build evidence for the eventual consular interview.

[Pheebs1201 269]

I've not had a problem coming to the US on the VWP since we submitted our application. I didn't volunteer the information, just answered the questions they asked truthfully. Upon mentioning my fiance they ask to see my return ticket and then send me on my way. Honesty is always the best policy but you don't need to volunteer something if they don't ask you about it

[Limey 551]

I've not had a problem coming to the US on the VWP since we submitted our application. I didn't volunteer the information, just answered the questions they asked truthfully. Upon mentioning my fiance they ask to see my return ticket and then send me on my way. Honesty is always the best policy but you don't need to volunteer something if they don't ask you about it

Good advice to only answer the questions you are asked and don't volunteer information - I did the exact same, so the issue of who I was visiting wasn't asked, so I didn't mention it.

When you think about it, it seems incredible that they'll take return ticket into account when one reads the other thread here about return tickets being cheaper than one-way tickets. That thread is people who are concerned about having problems entering on a k1 when they DO have a return ticket! Even if you were coming to the US to overstay illegally, you'd buy a return as its cheaper. I've never been asked for my return ticket, but I have been asked the usual question about how long I'm staying, which is guess is essentially the same.

I always believed that taking the NOA1 is great proof of your legitimate intentions. I always felt that if I did get secondary questioning at immigration I could convince the immigration people that it would be entirely illogical of me to enter on ESTA and overstay when I was in the k1 process (and had already spent hundreds of bucks on that) that would let me do everything legally (and enable me to travel and work relatively soon after marriage).

As others said, read the "yes you can visit" thread, loads of good suggestions and info in that, and hopefully it'll reassure you - it seems only very rare/extreme cases where people have been denied entry.

[ISBJORN10 5]

just tell them the truth and everything will be fine my fiance came many times after noa2 without a problem

[TabeaK 517]

Hi all!

Just to chime in, I am the overseas fiancee and I will be visiting in March too. First time since we filed.

I am planning to be 100% honest at POE of course. They typically ask if the trip is for business or pleasure and how long you are staying. On my last trip I was asked what my job is and how much money I am carrying. Only once have I been asked who I am visiting and where I am staying. If I am asked the latter again, I am planning to let them know I am visiting my partner/fiancee at POE if they ask of course - and I will bring some ties relating to my job, NOA-1 etc.

I am only staying a week, so I hope I'll be fine. I am nervous noneheless.

And talking about POEs: My fiance lives in NJ too. I have had horrible times at JFK but never a single problem at Newark. Hence I always go through Newark. It is just so subjective...

I am hoping my travel history helps - while I have visited the US in the 2014 several times, it was never longer than 7 days at a time...so, I always leave on time. I mean, I have to, I have a job and responsibilities back home!

Edited February 1, 2015 by TabeaK