Can you travel to the US while K1 is processing?

[nane1104 146]

That is not correct. My first visit to my now hubby in the US was my second trip to the US, I had been over here for a vacation the year prior.

I was sent to secondary inspection and I got asked all kinds of questions for about 45 minutes, almost missed my connection flight.

They asked also questions about my previous trip, but they could have seen the stamp in my passport..but then the officer asked me where exactly I stayed and I asked if he wants to know what city and he said "I already know what city, what was the adress you stayed at?" So obvously he had some information in the system that he wanted me to repeat/verify.

THe whole thing was a little scary, plus they accused me of fraud, because they asked me how long I intended to stay, I told him for 4 weeks and he called me a liar, telling me according to my ticket I would have an overstay of 4 months!!! (I didn't even have a printed ticket, only a printed out itenenary)

Came out, they mixed my papers, passport with someone elses and it took me a good while to convince him of his mistake. But that's a whole different story. That was a crazy experience though!!!

I'm not aware of how that changes or affects the visa process only having just started the process myself but I can totally agree with them having information on record.

My OH came to visit me in the earlier days and said he was visiting a "friend" to which immigration replied "where is she? He had given them information before so yeah - I think it is a bit of a "Big Brother is watching you" scenario :/

It probably doesn't have any effect on the visa process, I was just referring to the poster who said there is no information about your traveling on file..oh yes there is!!

[L_n_O 3]

Well, not sure if you guys noticed, but I made it to my fiance's brother's wedding and back in one piece...

THat was in may! =)

I also have been in the states for another visit (1 week) since then..

if you take all your documents, you don't really have too many problems..

Edited July 19, 2007 by liz_legend 'n Ol

[nane1104 146]

You can not do this. Because of one simple reason: If you had applied for a K-1, you travel to the US (let's say they let you in) and get maried there, that is Immigration fraud because you are going to the US with the intend to marry.

The only way this worksis when you go to th US and you spontaneously decide to marry..."spur of the moment"...and when you apply for AOS, you will have to proof that you did not plan on this.

If you get married and you travel back to the US and you start all over with the K-3 process, what have you won? Other than that you are married and can't be with your spouse?

I say, stick with your initial plan of the fiancee visa and wait like all the K-1s...had to wait! Accordning to your timeline, seeing that you just filed the I-129F, I think you shouldn't have a problem getting your K-1 in time for a february wedding, so do not worry yet.

Thank you for the comfort at least! I know we have a good chance of things working out but I just want to know all my options *just in case*. I don't even mind waiting - it's just the fear that I spend the time waiting only for it to mean we have to cancel the K-1 application to get married...

So if I were to cancel the K-1 app, get married, go back to the UK then apply for the K-3 that would work? I know it would mean being without my OH for even more time but theoretically I just want to know if it is possible - the only option other than that if we don't get the K-1 in time is for him to come here which is a whole other kettle of fish!

I think getting married on a visa waiver, then cancelling the K-1 and apply for a K-3 is NOT a good idea....they will definitley question this.

But I might be wrong...maybe it is only when you cancel first and then get married and apply for AOS it will be a problem, maybe someone can clear this up for me please?

In your case I think, you are definitley early enough to get your visa in time, check my timeline, I got through like a knife through butter...LOL

[Jeraly 4]

I think getting married on a visa waiver, then cancelling the K-1 and apply for a K-3 is NOT a good idea....they will definitley question this.

But I might be wrong...maybe it is only when you cancel first and then get married and apply for AOS it will be a problem, maybe someone can clear this up for me please?

In your case I think, you are definitley early enough to get your visa in time, check my timeline, I got through like a knife through butter...LOL

I know! You must have been very thorough and very lucky all rolled into one! I am hoping we get your luck

And yeah - i wasn't sure on the whole cancelling K-1/marrying on visa waiver/going home/applying for K-3 would work which is kinda why I was questioning it... if anyone knows or has been through similar it would be really useful - I just really want to know what other options there are should the worst happen...

*pinches a bit of nane1104's luck on the way out*

[pushbrk 12,822]

The second part of your post is a bit confusing. But suffice it to say: if you enter the US while your K1 is pending and get married, then you'll have to abandon the K1, leave the country and start completely over with a spousal visa.

I'm confused why you say your from the UK but your timeline says 'Armenia'?

Sorry for the confusing-ness - I am just in panic mode (I do that rather well!). Basically the grand plan is (if everything works out) we get the visa approved in good time, I go out there, we get married Feb 11th and I don't come home. Obviously if the K-1 isn't completed in time I would like to stick to this plan as much as we can. I figured if it were possible then we could still go ahead with our wedding plans but then I move back here and apply for a spousal visa effectively starting the same process again but with the same end... in theory! Is there no time limit you have to wait before you can apply for a different visa? Or is that only if you want to apply for the same visa again?

And as for Armenia... I think it was the default or something and I was looking for UK or England... seeing yours means maybe I should try looking for London

The potential stumbling block in your plan is that there is no assurance you will be admitted to visit the US. The safe bet is to postpone the wedding or just plan it for later to begin with. Maybe select the date after your case clears NVC. It is not out of the question that you'll have your visa in time but far from assured, particularly filing now, just before the deadline of the fee increase. I filed AOS today and actually hope processing on my wife and daughter's case gets delayed by the filing rush.

[Bernie and Gary 0]

I just called a Canadian Customs at an airport, and two agents there told me that we're not allowed to travel into the US while on the K1 process. I explained that was not correct, and that I would bring proof of ties with me. She then said that it's against the law and to look it up on the website. My fiance phoned Homeland Security and USCIS and they both verified the customs agent is wrong. However I am considering redirecting my flight out of a different city, if these two officers from the same POE have the same view, then my chances of being denied are more likely right? BTW - my son and his friend will be traveling from the 'other' city and joining with me from a connecting city, then to our destination. What are your thoughts on this?

[G&A 1]

I just called a Canadian Customs at an airport, and two agents there told me that we're not allowed to travel into the US while on the K1 process. I explained that was not correct, and that I would bring proof of ties with me. She then said that it's against the law and to look it up on the website. My fiance phoned Homeland Security and USCIS and they both verified the customs agent is wrong. However I am considering redirecting my flight out of a different city, if these two officers from the same POE have the same view, then my chances of being denied are more likely right? BTW - my son and his friend will be traveling from the 'other' city and joining with me from a connecting city, then to our destination. What are your thoughts on this?

It does not matter what the canadians have to say...because you only speak to them when you are coming back into Canada. They are morons...trust me I used to work for that agency. I think most airports that fly to US have american border clearance before you actually leave canada. Atleast in Edmonton, Calgary and Vancouver they do.

I have gone through a couple of times and I had no problems. You may want to bring some proof that you will be returning to canada (ie. letter from your employer). i was never asked to prove anything...but i had it with me incase. Hope this helps!

A of G&A

[rwj 0]

Plus we don't wanna get a letter from her employer because we aren't going to tell them she's leaving until we get the visa. Otherwise she might get laid off =/

OK, but you don't have to tell your employer the whole story, just tell them you're going to the wedding, and will be back to work afterwards (which, if i understand correctly, is true, right?) and you need the letter as you've heard Canadians visiting the US are getting asked for proof of ties to Canada. Your impending K1 doesn't have to enter the picture at all, does it?

Just a thought.

Good luck!

Rose

[Carlawarla 1]

This question always comes up on VJ...for some reason...by Canadians! haha

Anyway, until we started the K-1 Visa process, I brought proof of ties to Canada every time I travelled. Even a letter from your employer just stating when you're expected back to work should suffice. And asking for a letter from your employer so that you can travel to the US, "just in case", shouldn't raise any alarms from your employer.

We were fortunate that our interview was in Vancouver, as I was from western Canada, so our journey was pretty fast. I didn't however even go that route...visiting in the US while the Visa was in process. We wanted nothing to delay or slow down the process. I know others have visited and there has been no problem, in some cases there has been however. Because it's so dependant on a CO at the border being the determining factor, and everyone can have a bad day, we opted out of my travelling to the US during this time.

For important occassions, such as your fiance's brothers wedding, well, that's something you'd have to attend to I guess, but otherwise, I personally wouldn't even bother going there. lol We had some lovely vacations in Canada while awaiting the visa. I couldn't think of a better way either to end my stay in Canada than proudly showing more of my country off to Gene.

As I said earlier, it can be done. My thoughts were always, why bother? It doesn't mean you can't visit each other, it can just cause hassels, hassels that I didn't want to be bothered with quite frankly! hehe

Carla

Edited July 23, 2007 by cartoboy123