Yes, you can visit!

[Boiler 45,525]

I have visited more than 30 Countries including Mexico 4 times and never gave it much of a thought. Forget how many times I visited the US before I moved.

 

It seems that the US expects about 80 million visitors this year and I think it is reasonable to assume most will also give it little concern.

 

Does everyone get admitted to Mexico I assume not, was it ever something in the back of my mind well no.

 

Are there people with patterns that are going to get attention sure.

 

So never heard of a Lawyer knowing much about Tourist Visas, there is no money in it for them and nothing they can add, you fill the form and go to the interview, if you end up in US Secondary a Lawyer can not go in and help you.

 

Quote

My lawyer said they look at the overall amount of time visiting over a period of visits within a year. 

 

That is one thing, a Visitor Visa is for visiting not living in the US.

Quote

As the original post alluded to, they will always assume someone is trying to circumvent the system.
My lawyer also said he can provide a letter to help justify that we are proceeding according to law and the petitioner will return home but that even with this he has witnessed people get deported.

Who does that? If I was working at the PoE and saw something like that my suspicion levels would go through the roof. I assume you mean beneficiary bit such a letter is the definition of meaningless. 

 

I have visited more than 30 Countries including Mexico 4 times and never gave it much of a thought. Forget how many times I visited the US before I moved.

 

It seems that the US expects about 80 million visitors this year and I think it is reasonable to assume most will also give it little concern.

 

Does everyone get admitted to Mexico I assume not, was it ever something in the back of my mind well no.

 

Are there people with patterns that are going to get attention sure.

 

So never heard of a Lawyer knowing much about Tourist Visas, there is no money in it for them and nothing they can add, you fill the form and go to the interview, if you end up in US Secondary a Lawyer can not go in and help you.

 

Quote

My lawyer said they look at the overall amount of time visiting over a period of visits within a year. 

 

That is one thing, a Visitor Visa is for visiting not living in the US.

Quote

As the original post alluded to, they will always assume someone is trying to circumvent the system.
My lawyer also said he can provide a letter to help justify that we are proceeding according to law and the petitioner will return home but that even with this he has witnessed people get deported.

Who does that? If I was working at the PoE and saw something like that my suspicion levels would go through the roof. I assume you mean beneficiary bit such a letter is the definition of meaningless. 

 

 

Edited June 1 by Boiler

[SundryCoder 10]

16 hours ago, Boiler said:

Who does that? If I was working at the PoE and saw something like that my suspicion levels would go through the roof. I assume you mean beneficiary bit such a letter is the definition of meaningless. 

Yes, i meant beneficiary.

Because, officially, the customs and border patrol do not want you to visit under tourist visa after you have applied for a K-1 visa. 

What the lawyer does know is people who have applied for a K-1 visa and have come to visit and been deported because according to the agent, that is not what a tourist visa is used for and to such an issue he has written some clients a note on letter head to use as a last resort to present as evidence of the ongoing petition and that the petitioner and beneficiary are following the law and the beneficiary will return home, and for some people this letter has helped but for others it does not. It ultimately depends on the agent. There is no hard/fast rule for what is allowed.

[Lemonslice 4,847]

1 hour ago, SundryCoder said:

Yes, i meant beneficiary.

Because, officially, the customs and border patrol do not want you to visit under tourist visa after you have applied for a K-1 visa. 

What the lawyer does know is people who have applied for a K-1 visa and have come to visit and been deported because according to the agent, that is not what a tourist visa is used for and to such an issue he has written some clients a note on letter head to use as a last resort to present as evidence of the ongoing petition and that the petitioner and beneficiary are following the law and the beneficiary will return home, and for some people this letter has helped but for others it does not. It ultimately depends on the agent. There is no hard/fast rule for what is allowed.

Where did you find this official policy?  

[smilingstone 175]

My first visit was November 2023 and was pre-engagement, so pre-petition. The officer at the PoE (Atlanta) asked where I was heading to and for what. I responded with my final destination and that I was here to see my partner. No issues.

 

My second visit was March 2024 and still pre-petition. The officer at the PoE (Detroit) was giving everybody a hard time. It was pretty wild, being stood in the queue and one officer is just barking "NEXT! NEXT! NEXT! MOVE IT!". This did not help my nerves and I prayed I wouldn't be sent to his booth, but I was! He asked me where I was going and who I was going to see. I responded where and said I was visiting my partner. He asked if we were engaged and I responded yes. He then asked when we're getting married and I said we hadn't set a date yet. He asked what I do for work and I told him. He responded with a comment about the city I live in, and I was surprised to hear that he was familiar with it. I made a jokey comment in response and he said "Good luck, you're gonna need it" and let me through. It was one of the most intense experiences of my life!

 

We have a third visit planned for December 2024. I am unsure (and kinda scared) how it may pan out, but I intend to arrive very prepared with ties to my home country (letter from employer stating that I am employed, copy of tenancy agreement, copy of I-129F application and copy of scheduled K1 interview [hoping to have a date set by then,  if it doesn't come before]). I might try and avoid PoE at Detroit this time.  

[SundryCoder 10]

On 6/1/2024 at 4:26 PM, Lemonslice said:

Where did you find this official policy?  

At the heart of gaining entry approval is your ability to show non-immigrant intent—essentially proving that your trip is temporary and that you have every intention of returning to your home country after your visit.
As long as you can adequately prove to the agent you that your visiting and do not have a non-immigrant intent you will be fine the The Immigration and Naturalization Act sets the precedence that it will be assumed that a person is an Immigrant.  The purpose of the questioning at port of entry is to additionally confirm you are here for the stated purpose of the visa "to visit"
Visiting a finace(e) is not disallowed, but it adds to the a challenge to the need to prove you have an intent to return, because you have ties in the US.
Albeit, it should not be difficult to overcome if you can show a valid reason you need to return. 

[Crazy Cat 41,886]

On 6/1/2024 at 1:54 PM, SundryCoder said:

Because, officially, the customs and border patrol do not want you to visit under tourist visa after you have applied for a K-1 visa. 

 

Do you have a source for that official policy?  There are plenty of people who successfully visit with a pending I-129f.  I agree that overcoming the "assumed intent" to stay in the US might be more difficult, but there are a lot of people who tell CBP who they are visiting. Like you said, showing a reason to return is the key.

Edited June 4 by Crazy Cat

[SundryCoder 10]

6 minutes ago, Crazy Cat said:

 

Do you have a source for that official policy?  There are plenty of people who successfully visit with a pending I-129f.  I agree that overcoming the "assumed intent" to stay in the US might be more difficult, but there are a lot of people who tell CBP who they are visiting. Like you said, showing a reason to return is the key.

no, i just talked with them when we had an "almost" issue because she had visited me with no problems alone but when she came with both her daughters they assumed the worst because that reduced her need to return and it's just what happens. they assume by default the intent is to immigrant and you just have to show reason to return is a key.

[SundryCoder 10]

if you want to read the code it's in this mess of a page:
https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-chapter12-subchapter2&saved=|Z3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU4LXNlY3Rpb24xMTg0|||0|false|prelim&edition=prelim
 

there's nothing there about denying someone really that i discovered other than you have to convince someone the nonimigrant intent and you get the roll of the die and on rare occasions you may roll a 1

[Crazy Cat 41,886]

1 minute ago, SundryCoder said:

if you want to read the code it's in this mess of a page:
https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-chapter12-subchapter2&saved=|Z3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU4LXNlY3Rpb24xMTg0|||0|false|prelim&edition=prelim
 

there's nothing there about denying someone really that i discovered other than you have to convince someone the nonimigrant intent and you get the roll of the die and on rare occasions you may roll a 1

CBP officers have a LOT of discretion...a LOT.

[SundryCoder 10]

21 minutes ago, Crazy Cat said:

CBP officers have a LOT of discretion...a LOT.

sadly -
funny one time she was searched for "hot sauce" because never leave home without it?  🤣

[Lemonslice 4,847]

38 minutes ago, SundryCoder said:

no, i just talked with them when we had an "almost" issue because she had visited me with no problems alone but when she came with both her daughters they assumed the worst because that reduced her need to return and it's just what happens. they assume by default the intent is to immigrant and you just have to show reason to return is a key.

That's different than "Because, officially, the customs and border patrol do not want you to visit under tourist visa after you have applied for a K-1 visa. "

And more like:

All visitors have to overcome the appearance of immigrant intent. 

 

Let's not be fear mongering, most visitors who can demonstrate that they'll be heading back home after a reasonably short/long visit are allowed to enter. 

 

Wishing you, your fiancée, and family, a speedy journey, and easy visits until their visas are issued.

 

 

 

 

Edited June 4 by Lemonslice

[SundryCoder 10]

12 hours ago, Lemonslice said:

That's different than "Because, officially, the customs and border patrol do not want you to visit under tourist visa after you have applied for a K-1 visa. "

And more like:

All visitors have to overcome the appearance of immigrant intent. 

 

Let's not be fear mongering, most visitors who can demonstrate that they'll be heading back home after a reasonably short/long visit are allowed to enter. 

 

Wishing you, your fiancée, and family, a speedy journey, and easy visits until their visas are issued.

 

 

 

 

Ok, I should not have said it that way, and my intent wasn't trying to cause fear. I apologize it came out that way.
The official factors considered by CBP are not publicly available. So, no, I cannot say what they are supposed to officially consider.
This is what I was verbally told by the few officers I encountered in our issue that they do not like it. 
It could be they were out of line with what was allowed, but the letter from my lawyer helped diffuse the situation. 

[Yareth 60]

So, I would like to share my recent experiences crossing the border as a K1 applicant, to show that it is still very possible.

I was fairly nervous about traveling to the US to see my fiancé, as I've had some uncomfortable conversations with CBP officers whenever I would visit before applying for a K1.  I fly on staff travel/standby, which means I rarely have a ticket to go back. My job allows me to visit fairly frequently for sometimes long periods of times (6 weeks in the summer). So the CBP officers are wary. I've always pointed out that I am an educator and am also a homeowner. This information usually convinces the officers that I'm not intending to immigrate.

 

Still though, it's no fun after a long flight (as we all know) so I applied for Global Entry and it's a game changer. If you are eligible, take it. I've had it ever since applying for a K1 and it's fantastic. No lines, no questions. Just a quick glance and the officer says "you're good to go". (no guarantees though they can still question you as much as they like)

I know the option isn't available to everyone, but consider it if it's possible for you.

[Boiler 45,525]

You have a B?

[Yareth 60]

It's ESTA/VWP based. My I-94 says I enter on WT class of admission.