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Visiting US while waiting for I129F NOA2

By Mrsjackson in K-1 Fiance(e) Visa Process & Procedures

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Mrsjackson Community Regular

Mrsjackson   300

Posted
Filed: K-1 Visa Country: Canada
 Timeline
Posted

Hello, 

 

I am a Canadian beneficiary waiting for our NOA2 (September filer so hopefully not too much longer!). My fiancé has been driving up to see me and our baby since I had her in October. Since we filed in September I have not tried to visit the US. I didn’t want to be perceived as having immigrant intent because of our petition and he lives only about an hour away and has been able to come see me. His family is starting to get a little upset that they haven’t been able to meet the baby yet (various valid reasons as to why they can’t come up here, ex: dui’s on their record, can’t get away from work, have too many kids of their own to travel with etc.). I am feeling some pressure to take our baby down for a visit since this process is taking so long. What I am wondering is if I were to be turned away at POE how would that affect our petition? I have heard that you are asked in your interview if you have ever been denied entry to the US, so how would answering ‘yes’ go over?  Sorry this was a bit long winded. 

 

Thanks for any insight. 

Crazy Cat Grand Master

Crazy Cat   42,471

Posted
Filed: Citizen (apr) Timeline
Posted (edited)

If you are denied entry to the US for immigrant intent, it will have no bearing on your petition to become an immigrant.

Edited by missileman

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

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geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

A denial would never effect the petition side of things. The petition is primarily about the petitioner and their ability to sponsor a fiance (IMBRA compliance and such).

 

As for the K-1 visa, a denied entry (which is unlikely from Canada but certainly possible) alone is not an issue. Just disclose it if asked....it won't hurt your case. The only issue would be if you were issued a bar for some reason, such as via an expedited deportation, or misrepresentation. So long as you're honest, you should be perfectly fine. Enjoy your visit. :)

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Mrsjackson Community Regular

Mrsjackson   300

Posted
Filed: K-1 Visa Country: Canada
 Timeline
  • Author
Posted
11 minutes ago, geowrian said:

A denial would never effect the petition side of things. The petition is primarily about the petitioner and their ability to sponsor a fiance (IMBRA compliance and such).

 

As for the K-1 visa, a denied entry (which is unlikely from Canada but certainly possible) alone is not an issue. Just disclose it if asked....it won't hurt your case. The only issue would be if you were issued a bar for some reason, such as via an expedited deportation, or misrepresentation. So long as you're honest, you should be perfectly fine. Enjoy your visit. :)

Thank you so much! :)

  • 6 months later...
debbiedoo Experienced

debbiedoo   2,339

Posted
Filed: AOS (apr) Country: Canada
 Timeline
Posted

paul comes down from canada every 3 weeks (and has for almost 3 years now). never has a problem.

 

being turned away at the border will not affect the petition in any way. just take back strong ties to your Country.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

 
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