Visits to U.S. after the I-129F is filed

[E&K 0]

So the K1 info isnt zapped to the border patrol

I'm not sure about border patrol, but POE officers- which are diferent than BP- usually check their databases every time they let you into the US, and I wouldn't be so sure they don't have access to USCIS information.

I think their decision to let you in or ask you more questions at POE depends on their perception of your intentions, that's why it's always a good idea to have documents showing "ties" to your home country every time you come to the US as a non-immigrant, just in case.

I think in my case it helped that I had several prior US visits in their records- I lived right in the border so I used to come to the US all the time- and since I always went back home that must have told them that I was "OK"

[TimsDaisy 0]

A lot of this depends on one preliminary fact: is your fiance from a country that participates in the Visa Waiver Program? If not, then you'll have to go through the tourist visa process, so you'll have a good idea already about whether you'll be let in (ie: no visa, that's your answer. visa: not a guarantee, but a pretty good sign).

If you are from a VWP country or you have a tourist visa, then make sure you take plenty of documentary evidence with you: a letter from your employer saying you have been approved to take time from x date to y date and are expected back at work; pay stubs and bank records showing you have money (so you aren't coming in to take welfare here); a lease or a mortgage showing your financial responsibilities at home; evidence of children or family members for which you care who are expecting you back; your NOA1 and/or NOA2 and copies of your application packet so you can say "look, here we are following all the rules and doing this the right way, we have nothing to hide, i am not going to jeopardize my long term hapiness by violating any laws now."

Also: if there are past overstays or problems, don't try to get in while you're working on the K1 process.

Tell the absolute truth at the border: reason for visit? you say holiday, visiting, etc. they usually say "friends or family," you say fiance. or say up front, "I am visiting my fiance." Be cooperative, friendly. Don't panic or act shifty. Don't seem overly concerned. Have all your evidence in your hand luggage and present it upon request - don't throw it at them before they ask. Don't come with enough luggage that it looks like you're moving now. Do with fewer pairs of shoes or less clothing.

AND DON'T FLY INTO SAN FRANCISCO.

There is no prohibition on traveling to the US while you're in the process, but you know your own circumstances better than any of us offering advice here. And you know better than we do what the US attitude toward your fiance's country is (ie: is it a country we're more suspicious of, wrongly or rightly?)

There are never any guarantees, but the more upfront you are, and the better prepared you are, the better your chances are of being admitted.

[psho 0]

Just curious... Is SFO really that bad? I mean in general -- when my fiance makes his immigration flight once we get the visa, should he fly into LAX or SEA instead? Or is this in those cases of people trying to visit before the K-1 has been granted?

[Melyssa 0]

Postings about visiting the US after filing for K1 is very different on here.

Mostly it is said that it is not recommended, because the chances are there, that you will be send back at the POE which is not a big deal but it might causes problems during the interview where you have to explain the situation.

And also it is more difficult to get an tourist visa after filing K1. Nor sure if your fiance(e) needs a tourist visa or if she can travel without (VWP)

We rang up USCIS to ask them and they said specifically said "no"

Im not sayign it cant be done, but it wasnt worth the risk. Absence also has definately made the heart grow fonder!

My fiancé rang up USCIS asked whether I could come after the I-129F is filed, and they said YES, it was okay, as long as I returned to Canada for my interview. Weird.

I was told that at the interview they might ask you why you travelled to the US though it is not allowed (I was planning on visiting my fiance but after all the postings I was so scared that I did not). Anyhow, I was told by a member (do not recall her/his name) that it is not allowed to visit the States.

From what I've been reading/hearing, it sounds like sometimes it works for people and sometimes it doesn't. I guess. But that proof that you intend to return to your country is highly recommended. I don't understand why it would be illegal though.

[Melyssa 0]

I think in my case it helped that I had several prior US visits in their records- I lived right in the border so I used to come to the US all the time- and since I always went back home that must have told them that I was "OK"

I also came to the U.S. several times, and I noticed the first couple of times, they asked me TONS of questions, but now they pretty much just let me in, which has been awesome. So I guess they have my visits in their records through my passport number, or something...

[TimsDaisy 0]

My then-boyfriend was denied entry at SFO - we heard later from 2 different attorneys that SFO just has higher rejection rates. Don't know why.

I have no specific data on this - this is just anecdotal evidence.

You can always try connecting flights in NYC, Chicago, Philly, etc.

[Otto 83]

Whoa there...I'm not condemning your answer I'm just searching for some concrete proof of this. Im waiting for someone with a link or something to show up. I've scoured the USCIS and DHS sites and cant find the answer.

IMMIGRATION AND NATIONALITY ACT <-----link

The following statutes mandate the DS investigative authority for passport fraud:

· 18 USC 1541 Issuance Without Authority

· 18 USC 1542 False Statement in Application and Use of Passport

· 18 USC 1543 Forgery or False Use of Passport

· 18 USC 1544 Misuse of Passport

· 18 USC 1546 Fraud and Misuse of Visas, Permits, and Other Documents

· 18 USC 371 Conspiracy to Commit Offense or to Defraud the United States

· 18 USC 911 False Claim to Citizenship

· 18 USC 1028 Fraud and Related Activity in Connection with Identification Documents and Information

Visa fraud and related statutes include:

· 18 USC 1546 Fraud and Misuse of Visas, Permits, and Other Documents

· 18 USC 1001 False Statements or Entries Generally

· 18 USC 1028 Fraud in Connection with Identification Documents

· 18 USC 201 Bribery of Public Officials

· 18 USC 371 Conspiracy to Commit Offense or to Defraud the United States

Penalties for Passport and Visa Fraud

Passport and visa fraud are federal felonies. Penalties are:

· 10 years (for a first offense if not tied to terrorism or drug trafficking)

· 15 years for fraud with other criminal links

· 20 years for fraud related to drug trafficking

· 25 years for fraud related to international terrorism

(Not to mention being denied entry - if occurs - can seriously damage an existing petition and at the very least require a waiver)

I'm no expert and certainly the furthest from a lawyer, but I've tried to read as much as I can and have come to the conclusion that many here have also - it is not worth risking. I for one will take no chances with my/our future. Other's might and probably have - I have enough agravation to deal with.

Hope this helps...would be interested to see if there are alternatives...