Jump to content

2,488 posts in this topic

Recommended Posts

Posted

in the http://www.visajourney.com/faq/k1k2visa-application.html, under section 4.6 it says "Many people visit the US during the Process, but some newsgroupers have reported that once the initial background check is done by the Consulate, subsequent visits to the US required an additional FBI check done by the Consulate, which resulted in a delay in the visa application process. Refer questions regarding experiences to the newsgroup. "

My fiancee is visiting again in one month. she was here for 3 months then she is waiting one month then coming back for 2 months. will she have problems the second time around with a background check resulting in a delayed visa application process?

I notice that 4.6 mentions 'consultate'. That would suggest that it's only trips that happen once your paperwork is with your consultate in the benficary's country. It is less likely that the benficary would travel once you have the NOA2 - it's waiting for the NOA2 which takes the greatest amount of time generally (and don't I know it - 8 months on Sunday since my NOA1 and still no sight of my NOA2).

Posted (edited)

I'm not sure if this has been asked before (couldn't find anything using the search funtion):

How likely am I to get denied entry for a two week visit (with a return ticket, proof that our wedding is planned for a later point in time etc.) at the POE after we receive our NOA2?

We already planned our wedding for June, but since CSC is so slow, it looks like we'll have to reschedule. The problem is that my family already has their ticket to fly to the US and won't be able to get their money back if they cancel (and they can't reschedule they're vacation time), but there is no point in them flying over if I'm not there. So we thought maybe I could visit my fiance and his family along with my family, use the time to make final arrangements for our wedding, then return to Germany and get the K1.

I'm also still in school until the end of July...will a letter from my school be good proof of ties to Germany?

Does anyone have any experience with this sort of thing?

Proof of wedding is probably not a good idea especially as it may be within 90 days of your entry to the US this time. Immigration may see that as proof that you are going to marry on the VWP and AOS from within the US (whihc is illegal).

Return ticket is an absolute - if e-ticket, ensure that you have a print-out with you. Offical letter from school on headed paper is good (although if you were marrying in June, how were you continuing at school until July?).

Any other proofs of ties? Phone contract? Your living arrangements?

Edited by Anna Grant
Filed: AOS (apr) Country: Germany
Timeline
Posted

Proof of wedding is probably not a good idea especially as it may be within 90 days of your entry to the US this time. Immigration may see that as proof that you are going to marry on the VWP and AOS from within the US (whihc is illegal).

Return ticket is an absolute - if e-ticket, ensure that you have a print-out with you. Offical letter from school on headed paper is good (although if you were marrying in June, how were you continuing at school until July?).

Any other proofs of ties? Phone contract? Your living arrangements?

No worries, I know that that's illegal and it's not what I'm planning on doing after going through all this, preparing all the paperwork, getting all my shots and the whole bs. Trust me, I know, and the last thing I want to do is risk getting my K-1.

I'm still enrolled in school, but I don't really have classes anymore, I have to finish up an online class and my thesis and another paper (works pretty differently in Germany)…I had originally planned to be done with school now, but the frustrations of having to wait for the NOA2 and the drama with having to reschedule our wedding has been taking up quite a few of my capacities, so I didn't get all my schoolwork done as initially planned.

Phone contract is not a real option, and I'm moving back in with my mom next week (all because I thought it would only be 5 or 6 months until our NOA2), so I don't have any proof there either.

Another thing I was wondering about is how much information the immigrations officers at the airport have about me in their computers? Like, when does that show up for them that we are trying to get a K-1 for me? Do they read my passport with their computer and it pops up on their screen that we are waiting for our NOA2 or the interview at the consulate or whatever? Just out of curiosity.

Adjustment of Status:

07/09/2013 filed AOS/EAD/AP

07/15/2013 NOAs

08/07/2013 AOS RFE

08/09/2013 Biometrics

08/17/2013 RFE response received at NBC

09/11/2013 EAD/AP in production

09/19/2013 received EAD/AP

11/18/2013 potential interview waiver case notification

03/17/2014 Greencard approved and in production

Posted

No worries, I know that that's illegal and it's not what I'm planning on doing after going through all this, preparing all the paperwork, getting all my shots and the whole bs. Trust me, I know, and the last thing I want to do is risk getting my K-1.

I'm still enrolled in school, but I don't really have classes anymore, I have to finish up an online class and my thesis and another paper (works pretty differently in Germany)…I had originally planned to be done with school now, but the frustrations of having to wait for the NOA2 and the drama with having to reschedule our wedding has been taking up quite a few of my capacities, so I didn't get all my schoolwork done as initially planned.

Phone contract is not a real option, and I'm moving back in with my mom next week (all because I thought it would only be 5 or 6 months until our NOA2), so I don't have any proof there either.

Another thing I was wondering about is how much information the immigrations officers at the airport have about me in their computers? Like, when does that show up for them that we are trying to get a K-1 for me? Do they read my passport with their computer and it pops up on their screen that we are waiting for our NOA2 or the interview at the consulate or whatever? Just out of curiosity.

Sorry - I didn't mean to suggest that you would do anything illegal. What I meant was if you entered the US on, say, 15 April with proof of a wedding on 3 June, how likely is it that the Immigration Officer is going to think that you will leave on the date of your 2 week retunr ticket?

I don't know what immigration can see on their computers when they scan our passports. I have often wondered. Some people have said that, because you don't put your passport number on your K1 application, it won't show up. However, you do provide a copy of your passport with the petition, so I would have thought they would link it. I would think it would only say that a K1 application was in process - not what stage it was at. I have entered the US once since we received our NOA1 (it was 4 months after the NOA1) and stayed for 90 days. I am going to attempt to go back again on 3 April.

Filed: AOS (apr) Country: Germany
Timeline
Posted

Sorry - I didn't mean to suggest that you would do anything illegal. What I meant was if you entered the US on, say, 15 April with proof of a wedding on 3 June, how likely is it that the Immigration Officer is going to think that you will leave on the date of your 2 week retunr ticket?

I don't know what immigration can see on their computers when they scan our passports. I have often wondered. Some people have said that, because you don't put your passport number on your K1 application, it won't show up. However, you do provide a copy of your passport with the petition, so I would have thought they would link it. I would think it would only say that a K1 application was in process - not what stage it was at. I have entered the US once since we received our NOA1 (it was 4 months after the NOA1) and stayed for 90 days. I am going to attempt to go back again on 3 April.

So, if you got your NOA2 before April 3rd, would you cancel your flight?

I just did a quick search online and supposedly they know a lot more than they need to know. Apparently they have info about past travels (I would imagine, every time your passport gets scanned it enters into some insane security system), and someone was even talking about credit card expiration dates and how much you paid for your flight, that kind of stuff. So yeah, I would imagine they have info about the K-1 petition/application.

Adjustment of Status:

07/09/2013 filed AOS/EAD/AP

07/15/2013 NOAs

08/07/2013 AOS RFE

08/09/2013 Biometrics

08/17/2013 RFE response received at NBC

09/11/2013 EAD/AP in production

09/19/2013 received EAD/AP

11/18/2013 potential interview waiver case notification

03/17/2014 Greencard approved and in production

Posted

So, if you got your NOA2 before April 3rd, would you cancel your flight?

I just did a quick search online and supposedly they know a lot more than they need to know. Apparently they have info about past travels (I would imagine, every time your passport gets scanned it enters into some insane security system), and someone was even talking about credit card expiration dates and how much you paid for your flight, that kind of stuff. So yeah, I would imagine they have info about the K-1 petition/application.

No, I wouldn't cancel my flight as it would still be approximately 6 weeks after that I would hear from the US Embassy - see K1 flowchart here. I don't intend to fly back until i know that the US Embassy actually have my paperwork (assuming I get in, that is).

I realised that US Immigration would have logged each trip to the US - didn't know that they would know how much I paid for the flight! Must ensure I don't say something like 'I got a cheap flight so i decided to come just after Easter'.

Filed: AOS (apr) Country: Germany
Timeline
Posted

No, I wouldn't cancel my flight as it would still be approximately 6 weeks after that I would hear from the US Embassy - see K1 flowchart here. I don't intend to fly back until i know that the US Embassy actually have my paperwork (assuming I get in, that is).

I realised that US Immigration would have logged each trip to the US - didn't know that they would know how much I paid for the flight! Must ensure I don't say something like 'I got a cheap flight so i decided to come just after Easter'.

I guess they can see other trips that don't involve entering or leaving the US, too…though, I don't know for sure, it's just what I found online.

Make sure to post about if they let you in this time around - NOA2 or not - and what they asked you please :)

Adjustment of Status:

07/09/2013 filed AOS/EAD/AP

07/15/2013 NOAs

08/07/2013 AOS RFE

08/09/2013 Biometrics

08/17/2013 RFE response received at NBC

09/11/2013 EAD/AP in production

09/19/2013 received EAD/AP

11/18/2013 potential interview waiver case notification

03/17/2014 Greencard approved and in production

Posted

I guess they can see other trips that don't involve entering or leaving the US, too…though, I don't know for sure, it's just what I found online.

Make sure to post about if they let you in this time around - NOA2 or not - and what they asked you please :)

I will certainly post after I get home to our apartment in Illinois (my fiance has to go back to work after picking me up from the airport).

See post 401 in this thread about my last time through passport control/immigration at Chicago O'Hare.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

Well guys,

I love reading all these stories about people visiting! It can be a heart warming read when you in disillusion about the whole process...

So, what do you think my chances are for another visit at the end of April for 3 weeks? History as follows....

April 27th 2012 - May 7th 2012 (POE Newark)

August 23rd 2012 - August 29th 2012 (POE Chicago O'Hare)

November 14th 2012 - February 9th 2013 (POE Chicago O'Hare)

I am a self employed carpenter, with work booked in for a building contractor when i return (letter detailing this).

I have plenty of funds to support myself.

DO NOT HAVE mortgage, rental agreement, car ownership

DO HAVE creditcard bill, shotgun license (only I can open the cabinet, an offense for the gun to be in my fathers house when my license expires), will have a return ticket, my NOA1, K-1 paperwork.

I've never had an issue coming through before, but it's always nice to get the opinion of others.

Do you think i should change my POE?

Thanks in advance!

Filed: AOS (apr) Country: Japan
Timeline
Posted

49 hours, and picking my fiancee up at SFO for an 18 day visit!! She has a Letter of employment, bank statement, return ticket, and copy of our NOA-1. She packed lightly. I've coached her to answer any question truthfully, but volunteer nothing so as not to complicate things. I'll update a day or two later. Wish us luck!



Posted

Well guys,

I love reading all these stories about people visiting! It can be a heart warming read when you in disillusion about the whole process...

So, what do you think my chances are for another visit at the end of April for 3 weeks? History as follows....

April 27th 2012 - May 7th 2012 (POE Newark)

August 23rd 2012 - August 29th 2012 (POE Chicago O'Hare)

November 14th 2012 - February 9th 2013 (POE Chicago O'Hare)

I am a self employed carpenter, with work booked in for a building contractor when i return (letter detailing this).

I have plenty of funds to support myself.

DO NOT HAVE mortgage, rental agreement, car ownership

DO HAVE creditcard bill, shotgun license (only I can open the cabinet, an offense for the gun to be in my fathers house when my license expires), will have a return ticket, my NOA1, K-1 paperwork.

I've never had an issue coming through before, but it's always nice to get the opinion of others.

Do you think i should change my POE?

Thanks in advance!

You've not said what your POE is but I assume O'Hare, which is the same as mine. Some POEs are more difficult than others but often it's the individual officer you encounter that can make the difference.

I have entered the US four times in the last year and stayed a total of 199 days (just added it up - blimey that's a lot - you'd might even think I want to live in the US :lol: ).

I take it that you must live somewhere even if you don't have a mortgage or rental agreement. I rent a room off a friend. What I did was got her to write me a letter saying when I'd paid my rent up to - or rather, I wrote the letter and she signed it! I also got a rent book from WH Smith and got her to complete that.

You say you have enough funds to support yourself? Bring bank statements showing that. They are not interested in credit available on credit cards - just cash in the bank. Last time I had less cash in the bank than usual as I was waiting for funds to be deposited, so I used my credit card for everything in the two weeks leading up to leaving the UK. Then when my funds cleared snd I was in the US, I paid off my credit cards.

49 hours, and picking my fiancee up at SFO for an 18 day visit!! She has a Letter of employment, bank statement, return ticket, and copy of our NOA-1. She packed lightly. I've coached her to answer any question truthfully, but volunteer nothing so as not to complicate things. I'll update a day or two later. Wish us luck!

Very good luck. She'll be fine. Has she got documentation of the type if accommodation she has in Japan?

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

You've not said what your POE is but I assume O'Hare, which is the same as mine. Some POEs are more difficult than others but often it's the individual officer you encounter that can make the difference.

I have entered the US four times in the last year and stayed a total of 199 days (just added it up - blimey that's a lot - you'd might even think I want to live in the US :lol: ).

I take it that you must live somewhere even if you don't have a mortgage or rental agreement. I rent a room off a friend. What I did was got her to write me a letter saying when I'd paid my rent up to - or rather, I wrote the letter and she signed it! I also got a rent book from WH Smith and got her to complete that.

You say you have enough funds to support yourself? Bring bank statements showing that. They are not interested in credit available on credit cards - just cash in the bank. Last time I had less cash in the bank than usual as I was waiting for funds to be deposited, so I used my credit card for everything in the two weeks leading up to leaving the UK. Then when my funds cleared snd I was in the US, I paid off my credit cards.

Thanks for the reply. WOW! 199 days! your doing well!

Yes, I enter via O'Hare normally. The first time I entered via Newark and then flew to Columbus, Ohio. My fiancee has relocated since.

Do you think there should be a certain timeframe i leave between visits? it will be 76 days between the two visits.

I currently live with my dad. My mother passed away last year and he needed a hand, so i sold my house and moved back in with him, knowing about the pending move to the US.

How many times have you visited this year?

Posted

Thanks for the reply. WOW! 199 days! your doing well!

Yes, I enter via O'Hare normally. The first time I entered via Newark and then flew to Columbus, Ohio. My fiancee has relocated since.

Do you think there should be a certain timeframe i leave between visits? it will be 76 days between the two visits.

I currently live with my dad. My mother passed away last year and he needed a hand, so i sold my house and moved back in with him, knowing about the pending move to the US.

How many times have you visited this year?

There is no set timeframe - you have to leave the US for a non-contiguous country and then your 90 days is reset. Whether or not you are allowed to re-enter the US is at the discretion of US Customs. They will look at how likely it is that you are going to return to your home country i.e. what are your current ties? And have you spent so long in the US that it looks like you're living there.

My trips in the last year have been:

3 - 17 April 2012

31 May - 6 June 2012

18 July - 15 Oct 2012

1 Dec 2012 - 28 Feb 2013

I plan to fly again on 3 April for 2 weeks but will change the return portion of the ticket once I'm in the US if our NOA2 does not come in. There is a strong possibility that I will not be let in this time but will take all my documentation with me to prove I have to come back. Also, I would hope the fact that I've never overstayed and that we will have been waiting over 8 months for our NOA2 by that stage will help.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

There is no set timeframe - you have to leave the US for a non-contiguous country and then your 90 days is reset. Whether or not you are allowed to re-enter the US is at the discretion of US Customs. They will look at how likely it is that you are going to return to your home country i.e. what are your current ties? And have you spent so long in the US that it looks like you're living there.

My trips in the last year have been:

3 - 17 April 2012

31 May - 6 June 2012

18 July - 15 Oct 2012

1 Dec 2012 - 28 Feb 2013

I plan to fly again on 3 April for 2 weeks but will change the return portion of the ticket once I'm in the US if our NOA2 does not come in. There is a strong possibility that I will not be let in this time but will take all my documentation with me to prove I have to come back. Also, I would hope the fact that I've never overstayed and that we will have been waiting over 8 months for our NOA2 by that stage will help.

Yeah, I think I will try at the end of April. I think a 76 day stopgap, a healthy bank balance, and like you said, a return ticket (easily changeable) will be ok. I'll be taking everything I can to prove i'm coming home. Work agreements, phone contracts, doctors appointments....the list is endless.

Have you been in touch with anyone about your long wait? congressman etc?

Filed: Timeline
Posted

Thoughts please since I see this discussion. I know it's up to port whether my fiancé gets thru. He was here for 6 months left march 16, right before his visa expired. K1 filed and he wants to return for my daughters graduation in may and plans to stay till June when we both fly back to his country. He then wants to fly back with me to spend the rest of summer as I am on vacation as I am a teacher. I would stay there in Australia but I would miss my kids too much. Thoughts???? Is it possible??? He has ties to Australia that can be proved and bank funds.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...