Yes, you can visit!

[minemar 96]

Hi guys! 

 

I'm a bit concerned about my upcoming trip to the U.S.

 

I have tickets booked to travel to New York next month for only one weekend. This is gonna be my 2nd time in the U.S.(3 days 2 nights ) and it's gonna be the same POE of my last trip. The first time I went through migration it was really quickly, just 2 questions ( how long and why? "8 days and holidays"). 

 

My fiancé and I are currently waiting for our NOA2.  Even thought this is a small holiday trip to visit my fiancé. I'm unsure of what to say when they ask me the reason of my trip. Will saying holidays satisfy them? Or should I say 'visiting my fiancé'?

 

I have a permanent job in Mexico and I'm currently paying my house. Should I bring any proof of this along with our NOA1? 

 

Any help/suggestion would be most welcome.

[Limey 551]

19 minutes ago, minemar said:

Hi guys! 

 

I'm a bit concerned about my upcoming trip to the U.S.

 

I have tickets booked to travel to New York next month for only one weekend. This is gonna be my 2nd time in the U.S.(3 days 2 nights ) and it's gonna be the same POE of my last trip. The first time I went through migration it was really quickly, just 2 questions ( how long and why? "8 days and holidays"). 

 

My fiancé and I are currently waiting for our NOA2.  Even thought this is a small holiday trip to visit my fiancé. I'm unsure of what to say when they ask me the reason of my trip. Will saying holidays satisfy them? Or should I say 'visiting my fiancé'?

 

I have a permanent job in Mexico and I'm currently paying my house. Should I bring any proof of this along with our NOA1? 

 

1) Never lie to immigration, but you don't have to answer questions they don't ask. If they ask the purpose of your trip, its a vacation. If they ask where you will be staying, tell them New York. If they ask who you will be staying with, then tell them your fiance (it would be dishonest to say "a friend" etc).

2) Anything you can bring to show links to home is good. Why not bring it, its not like its heavy or difficult to obtain?

 

You've visited before, and left when your week or so was up. That makes you much lower risk. And bring your NOA1 - it shows that you're doing things the right way.

 

[Surferguy9 2]

Just flew back to USA with my Fiancé from Sweden and the last time she came they said she may only have 1 time to get back in because she has been visiting so much over the past 1.5 years.  She has an Esta visa and we just filed for K-1 visa in January.  They gave her no problems coming thru.... She even told the custom agent she was coming for 3 months to visit her fiancé while we wait for the K-1 process to be finalized.  Custom agent didn't ask for anything or any proof, just let her thru and told her good luck.  Goes to show you its all about the custom agent and what mood they are in that day.  We had proof of the K-1 visa just to prove she wasn't lying and were prepared to show her ties to Sweden but no need too.  Hopefully this brings peace to someone because for the past 2 months of waiting for her to come back I have had so much anxiety thinking they wouldn't let her in and we would have to be apart for so long but I didn't need to worry and I'm sure everyone here knows what I'm talking about.  Also we were worried because we didn't know how that travel ban would affect the custom agents but again absolutely no issues.

[Gemma 41]

Hi all, 

 

I just wanted to share my experience in case it may reassure someone.  

 

I traveled on Friday, February 10th and entered the U.S. through Boston.

 

I'm from Spain and I was holding an ESTA tourist visa waiver. It was not my first time traveling with this waiver. For returning ESTA visitors you now use the same line as citizens and green card holders (at least in Boston, and Atlanta - from a previous visit in September).

 

I was directed to an automated machine that gives you some options:

- Reason to travel: work, vacation, other  - I chose vacation

- Regular questions: are you bringing food? yes/no were you close to livestock? yes/no, etc

- Flight number

- Country

 

I got a printed receipt and with that was directed to a desk. The officers in this line do not seem to have a computer. The officer asked for my receipt and passport. He asked : 1) what was the purpose of my trip, I said vacation. 2) where was I staying? I answered the city. 3) For how long? 4 weeks 4) he asked who do I know in there? I answered friends and my boyfriend (still not used to call him fiancé, not a conscious thing) and all he asked is if I was going to surprise him with my visit, and laughed.

 

The only thing that was different this time from others was that before boarding the plane to Boston, the stewardess asked if I was traveling with an ESTA and checked that I had my return ticket. Maybe they used to check that and did it without me noticing, but never happened to me right before boarding.

 

Good luck to everyone!

[O.C 160]

Hey guys, I have scrolled and scrolled through these pages and am new around here, trying to navigate my way around the site.

 

I live in Toronto, my fiancee lives in Buffalo (only 10 mins across the border !!)

 

We visit each other every other weekend considering the drive is only 2 hours-- so I cross once a month and he crosses once a month (at the Peace Bridge). Neither of us have ever had any issues when crossing. This weekend I am heading there and we are going to submit our K1 package. Meaning, when I return to Canada, I will have a copy of the K1 package with me.  

 

I am wondering if anyone is/was in a similar situation as me and has crossed Peace Bridge with K1 pending?   Do you think continuing to cross once a month with a pending application may raise flags? They can definitely see that I have been consistently visiting and returning home in their system right...? I've read that people are carrying their application along with them every time they cross, should I be doing so as well? I haven't been able to find a lot of info for crossing the border in your vehicle either. I have like a thousand questions so any replies and details are very much appreciated! 

Edited February 16, 2017 by Orit.d

[Limey 551]

2 hours ago, Orit.d said:

I am wondering if anyone is/was in a similar situation as me and has crossed Peace Bridge with K1 pending?   Do you think continuing to cross once a month with a pending application may raise flags? They can definitely see that I have been consistently visiting and returning home in their system right...? I've read that people are carrying their application along with them every time they cross, should I be doing so as well? I haven't been able to find a lot of info for crossing the border in your vehicle either. I have like a thousand questions so any replies and details are very much appreciated! 

From my experience, and everything I've read here, it doesn't appear that the guys at the border will know about the k1. They will however see that you cross regularly, and return home soon after. So I doubt you will experience any different to what you've had before.

 

When you think about it, from their point of view there is very little chance you'll overstay during one of your visits.
1) You've got a history of crossing the border and returning home soon afterwards. That's good.
2) You're both close to the border, so able to see each other easily (not in the position many are here, where they might have to wait months or even years to see their other half - which might increase the risk of an overstay)

3) You'll have applied for k1. That shows you intend doing things properly.

 

No one can definitively say that you won't have problems, but I think it would be unusual in your situation if you were to have any.

[nanaaalex 49]

If everything goes right I should have my K1 visa in hand around May or June the latest. But i'm not planning on moving officially until August. I wanted to visit one last time in June.

Would that be possible with the visa in my passport? Should I mention it to the border patrol or wait until he asks me?

 

If it's better not to try I'll just wait until I move.. 

 

TIA

[AdmiralAaron 12]

So, I have talked with 2 different Immigration attorneys about this visiting topic.  What they told me is that IF the person has a visitors VISA or some other VISA ...  PRIOR to you filing the f129 for the K1, then they can still come the USA on that previous VISA.  If they do NOT have prior to that VISA, then they legal are NOT allowed to enter the USA until the K1 process is completed or canceled.  Also, they both told me that once the K1 process has started, they will NOT allow the beneficary to apply for any other type of VISA, until the K1 process is completed or canceled. 

 

I am no attorney, but 2 of them told me the exact same thing.  So, I am not going to risk it.

[Absolutely 34]

19 minutes ago, nanaaalex said:

If everything goes right I should have my K1 visa in hand around May or June the latest. But i'm not planning on moving officially until August. I wanted to visit one last time in June.

Would that be possible with the visa in my passport? Should I mention it to the border patrol or wait until he asks me?

 

If it's better not to try I'll just wait until I move.. 

 

TIA

 

No, unfortunately it is not possible. Once the visa is in your passport, you will enter America on your K1 and your I-94 status will state as much. If you tried it and left America again, USCIS will think you've abandoned the process. Your best bet is to visit before your interview and you can enter with your esta. Good luck with the visa process, time will fly by I'm sure!

[alicekitty 8]

You can visit indeed. Based on our experience and research, you can visit the US with an ESTA visa when K-1 is in process. Once you have K-1 visa in hand (in your passport), you cannot just "visit" the US any more. You cannot use ESTA or any other visa. You will enter the US under K-1 and it's for single entry. You will have to get married, apply for adjustment of status, apply for advanced parole (travel permit) if you wish to leave the US briefly and then come back. 

 

Of course when your passport is with the consulate awaiting a decision on your K-1 (after your interview), you cannot travel, either. 

 

In summary, you can visit up until your interview (when you surrender your passport). After you have your passport and K-1, you will have to enter the US under the K-1 visa. 

 

 

[nanaaalex 49]

On 2/18/2017 at 10:53 AM, Absolutely said:

No, unfortunately it is not possible. Once the visa is in your passport, you will enter America on your K1 and your I-94 status will state as much. If you tried it and left America again, USCIS will think you've abandoned the process. Your best bet is to visit before your interview and you can enter with your esta. Good luck with the visa process, time will fly by I'm sure!

 

On 2/18/2017 at 10:56 AM, alicekitty said:

In summary, you can visit up until your interview (when you surrender your passport). After you have your passport and K-1, you will have to enter the US under the K-1 visa. 

Good to know, I will wait then. Thank you!!

[nanaaalex 49]

I'm thinking about going to another country before I move to the states and can only go after I get the k1 visa in my passport. I'm guessing it will be possible as long as I don't layover in the states?

 

Am I right? TIA!

[Limey 551]

17 hours ago, nanaaalex said:

I'm thinking about going to another country before I move to the states and can only go after I get the k1 visa in my passport. I'm guessing it will be possible as long as I don't layover in the states?

 

Am I right? TIA!

Yes, once you have your passport back with k1 in it, there is no problem with travelling anywhere other than the US. Obviously if you hit US shores, they are going to activate your k1 and you can't really leave without abandoning all you've worked for.

 

[nanaaalex 49]

1 hour ago, Limey said:

Yes, once you have your passport back with k1 in it, there is no problem with travelling anywhere other than the US. Obviously if you hit US shores, they are going to activate your k1 and you can't really leave without abandoning all you've worked for.

 

Perfect I wanted to be sure, thank you so much!!

[misken 61]

I'm planning on taking my gf home to the U.S. for about a month to visit and meet my parents. We will be arriving separately, as my summer vacation schedule is different than hers. We're planning on her bringing her proof of employment and apartment lease, and return ticket, but should she also carry proof that I also live abroad in a city near her and that we are both planning on returning there together after the trip? Will it seem weird if she is overly-prepared?