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Posted (edited)

I think the best evidence is the evidence the CBP officer has right in front of them already: your I-94 records.

We've started the K-1 process last month, and I (Belgian Citizen in the UK) decided to wait out the USCIS/NVC side of proceedings in the US with my fiancé. I've entered (and exited) the US 9 times in the past 11 months, and never overstayed.

Applied for B-2 visa through the embassy in London, was upfront about the K-1 visa application and how I've never overstayed and was clearly going about this the legal way. They also asked what the back-up plan was, and I answered that if the K-1 was denied my fiancé would move with me to the UK.

Last night I then flew over (POE JFK Airport) and wasn't even asked to go for secondary screening. The officer asked for my return ticket after going looking through my I-94 records on their system and the fact I had returned without issue 9 times was enough to satisfy him that I'd actually leave the country again at the end of September. Again I was upfront about the K-1 and that seemed to help in my case.

Edit: just to add, I've quit my job and moved out of my UK flat, so wouldn't have been able to provide any ties really. The only thing I would've had if they asked at the POE was the business card of my (now ex-)manager who could confirm over the phone that I'd easily get a similar job again in the company.

Edited by justin-s
Posted

The fiancé(e) K-1 nonimmigrant visa is for the foreign-citizen fiancé(e) of a United States (U.S.) citizen. The K-1 visa permits the foreign-citizen fiancé(e) to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival. The foreign-citizen will then apply for adjustment of status to a permanent resident (LPR) with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS). Because a fiancé(e) visa permits the holder to immigrate to the U.S. and marry a U.S. citizen shortly after arrival in the United States, the fiancé(e) must meet some of the requirements of an immigrant visa. Eligible children of K-1 visa applicants receive K-2 visas.

MAY 2011 VISA BULLETIN PREDICTIONS

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

Thanks for the helpful answers :) I feel a lot better just reading this thread and seeing how easily most people get through. Hopefully I can add to the success stories!

Just for info, my fiancé visited me in England earlier this year. They only asked him what was the purpose of his visit, how long he was staying and whether we had met before. That was it :)

Filed: Citizen (pnd) Country: Canada
Timeline
Posted

My fiance successfully went through CBP at Toronto Pearson! Aside from "why are you visiting, and for how long", no questions asked (just like the past 2 trips).

K-1

I-129F NOA1 => NOA2: 161 days

NOA2 => Interview: 64 days

AP: 33 days

Total: 258 days

AOS

I-485 NOA => GC: 333 days

No Interview

ROC

07/30/2017: Package Sent

08/01/2017: NOA

09/07/2017: Biometrics

12/04/2018: Approved! 490 days

Filed: K-1 Visa Country: Peru
Timeline
Posted

all these posts are about the beneficiary going to the states to visit during the process of the k1 visa, but my question is as the petitioner for my fiance and child would i run into any problems going to live with her for maybe two or three months while the process is finishing? is there anything that i need to be in the US to do that i wouldnt be able to do from down there? ill have family able to recieve the NOAs and be able to pretty much run it from down there just wondering if anyones ran into any problems or anything? thanks for taking the time to read this and hope for an answer!!

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

I made it to Pittsburgh! The guy in customs didnt even ask to see any of the evidence I brought. The conversation went like,

Him: whats the purpose of your visit?

Me: vacation

Him: what are you gonna be doing here?

Me: visiting my fiancé

Him: oh is he American?

Me: yes

Him: so youre gonna get married huh? (Obviously a loaded question)

Me: were in the process of securing a k-1 visa and we know we cant get married until we have the visa

He was satisfied with my answer and asked a few more questions like what does your fiancé do, how long have you known him, what do you do for work, has he visited you in England, how did he like England. At that point he took my fingerprints and stamped my passport and I knew I was safe :)

Good luck to everyone else visiting!

Filed: Other Country: China
Timeline
Posted

all these posts are about the beneficiary going to the states to visit during the process of the k1 visa, but my question is as the petitioner for my fiance and child would i run into any problems going to live with her for maybe two or three months while the process is finishing? is there anything that i need to be in the US to do that i wouldnt be able to do from down there? ill have family able to recieve the NOAs and be able to pretty much run it from down there just wondering if anyones ran into any problems or anything? thanks for taking the time to read this and hope for an answer!!

The only thing you might miss would be any RFEs but if someone is watching your mail it shouldn't be a problem. I spent a lot of time in China while waiting for the petition to be approved. No problem.

Filed: IR-1/CR-1 Visa Country: Canada
Timeline
Posted

Hi guys,

I thought I would just list some of my experiences with traveling back and forth. I am from Texas and my fiance is from Alberta, Canada.

1) She originally flew to Texas in July, 2013. She stayed for 10 days and had no issues coming through the airport. She told the customs workers that she was visiting her boyfriend.

2) She flew into the United States with a 1-way ticket on October 1, 2013. This caused issues at the airport. Our plan was that she would just stay in Texas with me for a while during the K1 application process. The customs agents put a 3 week stay on her passport. She flew back to Canada at the end of 3 weeks.

3) She flew back to Texas on November 27, 2013. She was issued a 6 month B2 with a return date of May 25, 2014. She stayed in Texas with me the entire time.

4) We both drove back to Canada, leaving Texas on May 15, 2014. We arrived at the Canadian border 3 days later. We were interrogated by Canadian customs at the border, but after talking with them for a while, they let us through with no real issues. They were very nice (just wanted to ensure that I wasn't trying to stay in Canada without proper documentation). They even gave me information on how I could apply for Canadian residency in case I ever wanted to move up there.

5) Tomorrow we will be leaving Canada for the United States. We will be crossing the border near Lethbridge into Montana. I am a little nervous; however, I plan on just being honest and explaining the situation as it is. Our plan is for her to stay in Texas for at least 3 months, given that based on our timeline, Becca's interview in Canada at the embassy should be around that time. Her I-94 records show that she has always gone back to Canada when instructed (never overstayed). I make enough money that she doesn't need to work, and if for some reason our visa application is denied, we will just go back to Canada.

I will let everyone know how it goes. Wish us luck!

Filed: AOS (pnd) Country: Germany
Timeline
Posted (edited)

Guys, all recommend: DO NOT LIE! If you are asked what you are doing here, do not leave out that your Fiancee lives in the states. When you come to the states and talk to the officer at the airport do not lie or ''forget'' to mention your actual reason! They are the homeland security, your case went to the homeland security. They type in your name and the pending k-1 will pop up and you will have to explain WHY you did not mention it. You will have to wait in a glass box with some other people and you will be interrogated and they will call you fiancee and ask questions.. most likely... they can even send you back... trust me, i saw that happening in Atlanta. Be honest and explain why you are visiting and that you do NOT intend to stay!

Edited by MichelleNGeorge

(L) Married 03/18/14 (L)

AOS

AOS filed: 04/04/14

Files received: 04/09/14

NOA1: 04/15/14

Biometrics letter: 04/18/14

Biometrics completed: 05/13/14

EAD shipped: 06/19/14

Potential interview waiver: 07/11/14

Unsuccessful Infopass: 08/11/14

Third expedite request approved: 08/26/14

GC in production: 08/26/14

GC received: 03/09/14

Enlistment oath for the US ARMY 28/10/14

Filed: AOS (pnd) Country: Australia
Timeline
Posted

I would love to visit by fiance in Western New York while we wait!
We received our NOA1 March 26.
My issue is, I lived in the US February 2013 - March 2014 under a J1 visa, and have only been home in Australia for 3 months. I think it could look like a potential over-stay red flag as it may be assumed I have recent / strong ties to the US after having lived and worked there for a year.
At the same time, the officer may realise how difficult it is to have been with someone everyday for a year and then suddenly being apart for (potentially 6 months) due to awaiting a visa! I would absolutely never overstay and jeopardise our K1 validity!! I just want to visit him!
I'm afraid that a 13 month J1, followed by a travel visa, followed by a K1 within a 2 year period may seem I guess greedy to an immigration officer.
I'd be travelling from Sydney Australia. Has anyone else lived in the US on J1 first and visited the US while awaiting a K1?

Filed: K-1 Visa Country: Turkey
Timeline
Posted

I just want to share my experience!

I went in through Washington, DC Dulles Airport. The officer was really nice! He asked me why I'm visiting, and I said "I'm visiting my fiance and his family" and he said "that's nice! Have a nice time!" and I went in!

:)

K1 Journey: AOS Journey:

March 25, 2014: I-129f sent. April 16, 2015: Date filed.

April 1, 2014: NOA1 received & check cashed. April 22, 2015: NOA received.
April 2, 2014: Alien Registration Number changed.
Sep 16, 2014: NOA2 - Petition approved!
Sep 23, 2014: Case shipped to NVC.

Oct 01, 2014: Case arrived at NVC.

Oct 03, 2014: Got our case number!

Oct 06, 2014: Left NVC.

Oct 17, 2014: At the Embassy.

Oct 22, 2014: Packet 3 received.

Nov 03, 2014: Packet 3 sent.

Nov 11, 2014: Medical examination.

Dec 2, 2014: Packet 4 received.

Dec 8, 2014: Interview! (Approved!!!)

Dec 10, 2014: Visa received!!!

Jan 22, 2015: US Entry!

Feb 22, 2015: Happily ever after! :-)

April 16, 2015: Filed Adjustment of STatus.

April 22, 2015: AOS NOA received.

May 14, 2015: Biometrics appointment.

October 09, 2015: AOS approved!

September 05, 2017: Lifting conditions filed.

 
Filed: Timeline
Posted

Would anyone know if my fiancé--while in the US on her tourist visa waiting to get word on our K-1--could actually do her interview in the States while on said tourist visa? Or would she have to go back to the UK for the interview?

Next, and related, how much flexibility is there in setting the interview times up? In other words, if she were in the States for her 90 days, and she knew she was flying back in November, could she set up the interview in London when she gets back, so as not to have to buy a new plane ticket?

Does this make sense?!?

Thanks!

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

Would anyone know if my fiancé--while in the US on her tourist visa waiting to get word on our K-1--could actually do her interview in the States while on said tourist visa? Or would she have to go back to the UK for the interview?

Next, and related, how much flexibility is there in setting the interview times up? In other words, if she were in the States for her 90 days, and she knew she was flying back in November, could she set up the interview in London when she gets back, so as not to have to buy a new plane ticket?

Does this make sense?!?

Thanks!

Afraid interview has to be in the UK and the date is set by the embassy.

Paul

 
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