Yes, you can visit!

[Mad & J 25]

I'm in the US for 3 weeks, my first visit since filing for our K1. It was also the first time I was given a hard time at customs, despite many visits in the past. I'm not sure if it's because he could see on his computer that we had filed for a K1, or just a coincidence that I got a tougher customs officer. I suspect it's the latter, because pre-NOA2 I'm not sure how they could even have access to that information without processing our file. I never mentioned the K1 and neither did he. I wasn't trying to be secretive, I just wasn't asked about it and didn't want to complicate matters.

Just a bit of background info: I spent about 5 and a half months in the US in 2014. It was broken up in 3 different trips. I never overstayed, and I didn't pass the number of days allowed in the country for tax purposes. However, because I did spend a significant amount of time in the US, I did some research and ended up filing an IRS form (an exemption from filing a tax return due to closer ties to home country). In short, despite spending a lot of time in the US, I never did anything illegal and was never held up at customs before. It was always 2-3 questions then I was on my way, even on past occasions when I didn't have a return ticket booked. My last trip was a little over 3 weeks in February.

On Saturday, I gave the customs officer my passport and customs form. He asks me how long I'm staying, where I'm going and why, and what I do for a living. So far, so good. Then he looks at his computer, frowns a bit, and says, "When was your last trip to the US?" and I said, "A little less than a month, in February." He then proceeds to question me about my previous stays, how many days I've spent in the US in the last six months, etc. I answered his questions and re-iterated several times that I've never over-stayed, and that I spend more time in Canada than in the US. He gave me a bit of a lecture about how I was spending too much time in the US, that the 6 month limit was really only for retired people (aka snow birds), and that when someone my age spends so much time in the country on a tourist visa, it starts to look bad. I explained that I never tried to work in the US, that last year was a special case because I was writing my dissertation and could do that from anywhere as long as I had a laptop and a wifi connection, and that I was living off stipends/grants from my university in Canada. As I was traveling on a brand new passport, and he asked if I had the old one on me (I did) and asked to see it. I mentioned that I had a letter from my employer stating that I was going to return, but he didn't ask to see it.

I think he seriously considered turning me away, but ended up taking pity on me. I was clearly freaking out at this point (my heart was pounding so hard!), but I stayed polite and honest the whole time. In the end he said, "We'll leave it at that for now," and stamped my passport and let me through. He tried to joke with me about whether or not I had packed sunscreen as I was heading to Florida, but I was so frazzled by then that I couldn't really do more than smile and nod. I don't know if he left a note on my file or not, but to be safe this may be my last trip to the US until I can immigrate. I just don't want to risk getting denied entry. My fiancée is going to visit me for a week at the end of June, but after that I'm not sure we'll get to see each other until my visa is approved. I realize that we've been lucky to be able to see each other so much, especially compared to other couples going through the same process, but it still sucks to think of all those months apart, especially with TSC being so slow.

So, that was my experience. I'm glad to be here but it was so stressful! My case is a bit unusual so I don't know if this will be useful to anyone, but I figured it can't hurt to share!

[manitobagirl 0]

I had no problem with my POE visit today! Basic questions, in Winnipeg, Canada.

Where are you going? San Diego. What for ? To visit my fiancé. When are you coming back? Tuesday. When are you getting married? When we can, depending on visas. Who is moving where? I'll be moving there. What do you do? I am an early childhood educator. Then he said have a good flight and let me go.

I may have been slightly stressed about it for no reason.

Awesome! We are submitting our I-129F soon and I'm taking my kids on a cruise in October. I was worried how this process would be. I'll also be going through the Winnipeg airport!

[BWandSP 0]

I crossed borders two weeks ago no problem; POE Newark.

Having read this thread I came prepared (return ticket, job vacation plan, pet hotel and airport car parking bookings stating the pick-up date, the itinerary of my next flight to my fiance a couple of weeks from now) and didn't even need to show any of that.

Two stern questions (these guys can sound quite intimidating!): "How long are you going to stay?" - "One week" . "What for?" - "Vacation". Finger prints, photo, done.

*Shrug* Better overly prepared than not well enough, right?

[AnnoyedAtTSC 2]

Anyone got experiences/knowledge on visiting if your K1 has been approved but not wishing to use it as kicking off the 90days would mess up wedding plans?

Eg, have K1, want to visit (VWP), leave, then go back on K1

[TabeaK 517]

Not going to happen. Once you have K1 in your passport, they use it.

Very exceptions for Canadians and only at land border crossings.

[AnnoyedAtTSC 2]

Not going to happen. Once you have K1 in your passport, they use it.

Very exceptions for Canadians and only at land border crossings.

Thanks for the info. Due to the timing of visits, visas and proposed wedding that could mean 6 months without a visit which is a massive downer as we are getting towards the business end of the process.

[AnnoyedAtTSC 2]

Not really the right topic but links on from my last post....

So what are my options. Do i have any say in timings for things?

Currently we have an RFE for NOA2. So we are hopeful of NOA2 within a month.

I can't leave the UK until October as i really want to go to a close friend's wedding.

Our earliest wedding would be November, but given the scale of it it might be hard to organise for then with the short notice after K1 approval. More likely dates would be january-march

I want to be in the US for a week in early Oct for another friend's wedding.

Do you think its best (and am i actually able to do this?) for me to delay my medical and subsequent embassy interview until after visiting in october and then plan my move to be within 90 days of whatever date we manage to get organised?

If we go with the K1 flow i'd likely get a K1 some time august-september time i think and that would mean i wouldn't see my fiance from the time she leaves in june until whenever i move (which could be late 2015/early 2016 depending on wedding date).

Hopefully that all makes sense

[Limey 551]

If we go with the K1 flow i'd likely get a K1 some time august-september time i think and that would mean i wouldn't see my fiance from the time she leaves in june until whenever i move (which could be late 2015/early 2016 depending on wedding date).

Hopefully that all makes sense

I guess ultimately you have to decide what is important to you - seeing fiancee or going to friends weddings etc. Personally I'd move along with the K1 and not try to delay things etc - you don't know what might happen (back logs, policy changes, fiancee gets tired of waiting, etc).

If you really have to meet up I guess the options are

1) she visits UK again

2) you meet outside the US - I did a trip to Canada last year (to avoid US entry as I'd got a finger wagging in the summer about the amount of time I'd spent in the US, even though I was nowhere near the limits)

Edited May 13, 2015 by Limey

[dza 46]

i hope to find an answer now, i never been in usa, and i do not have a visa for usa, now i am in the process for my k1 visa
what are my chances to have a visitor visa to spend time with my fiance, i miss him horribly, what documents do i need to support my case and my situation
i just need to spend at least one month of if i can two months with him until i have my k1 visa
i am not intend to stay there at all, if i was thinking about i would not apply from the beginning for my k1 visa and paid over 2000 dollars for an attorney
please any suggestion ?
can i truly make it and travel with visitor visa while i am waiting for my noa2
waiting you answers plz

[SantyAndAllie 155]

i hope to find an answer now, i never been in usa, and i do not have a visa for usa, now i am in the process for my k1 visa

what are my chances to have a visitor visa to spend time with my fiance, i miss him horribly, what documents do i need to support my case and my situation

i just need to spend at least one month of if i can two months with him until i have my k1 visa

i am not intend to stay there at all, if i was thinking about i would not apply from the beginning for my k1 visa and paid over 2000 dollars for an attorney

please any suggestion ?

can i truly make it and travel with visitor visa while i am waiting for my noa2

waiting you answers plz

Sorry but no. We wrote the reasons why you can't get a visitor visa while waiting k1 back a page or so. You just have to wait for the k1 or have him visit you.

[GWAPOBOT 2]

I am going to go to Philipines to visit my Fiance in July, I will start the K-1 process to bring my Fiance to America shortly after. Will my fiance be able to visit the USA for a short visit a few months after I start the K-1 Process? Will she need to have a travel visa?

Anthony

[JDWright 30]

I am going to go to Philipines to visit my Fiance in July, I will start the K-1 process to bring my Fiance to America shortly after. Will my fiance be able to visit the USA for a short visit a few months after I start the K-1 Process? Will she need to have a travel visa?

Anthony

If she doesn't have a B1/B2 visa already applying for one after you apply for a K1 is pointless they will deny it most likely, since she will show intent to immigrate. It's best to wait on the K1 to be approved and received.

[jbed81 1]

So we succeeded at Seattle POE, but barely. Ill save you the story and be prepared with evidence such as letters from employers and if you have to admit to having a fiancé as she did, then you will be ok (hopefully). Read on for the details:

She was on her second entry on her existing ESTA that we got prior to filing her K-1 package.

We are 160 days into the process at Texas purgatory

She went to the kiosk and went to the woman at the desk.

She was asked why are you here -- vacation

Where are you staying -- xx

Who lives there -- my name and before she could list other names she knows there...

Who is he -- my fiancé (she wont risk lying to them)

At this point she got the red card and docs taken away and escorted to a desk in the back office. She waited for a while, and a male officer came and sat down and asked why are you here. She told him that she was here to visit and understands that she can only stay for 90 days., It had been nearly 6 months since we saw each other due to delays and showed him the NOA1. He asked if she worked, she told him not in the true sense but has a letter from the man who pays her to help him translate and help his wife (he took the letter and read it). She told him her parents are both doctors and she doesn't feel any need to break the law to stay. She wasn't in a hurry, her life is good in Hungary. She just wanted to visit. He asked my name and read a letter I wrote to them stating I could lose my security clearance and job for defraud the US govt. same with my reserve career. He looked me up and I popped up on the screen and he read about me for a while and said he didn't want to see more he would allow her entry. She also had a letter from her father who she told him she works for when his assistant is out (letter said this). Took her about an hour and ten minutes to get out of the holding area. Very suspenseful, but successful. This shows once again its up to preparation then ultimately up to the mood of the CBP officer in that moment. Good luck guys!!

[jbed81 1]

Add one more important item I forgot. He asked her if in the stack of papers did she have her birth certificate. I told her just to bring the whole package I submitted. She has original signature documents (duplicates) plus the original documents like birth certificate. Her answer was key I think. I think this because I feel he was trying to see if she was prepared to marry in the US which here and I assume other states requires an original birth certificate along with ID. Her answer was yes, but only because my fiancée told me to bring the entire package that was submitted just in case. I wont try to get married this trip I know I cannot do that. So, if you fiancé like mine is not familiar with how to answer without giving too much info, then do as we did and practice those typical questions that they might ask. It prepares them on how to answer concisely and how to embellish with facts about the process. I think it was very key that often she established with him that she knows the rules. I even prepped her to say that it would be crazy for us to try to marry and AOS on this trip, because we will be approved in as few as 45 days and to change now would be a few months to drop the k-1 petition then wait god knows how long on the AOS to get the same yes or no that we know we will get within 90 days. Yes I know I am talking out of my ### on the timeline, but im sure every CBP officer doesn't ready visa journey stats like we do.

In short, maybe leave the original birth certificate home should you chose to travel with your entire k-1 package.

[kronina 0]

Hi everyone

I have to agree with the comments that say that it all depends on the mood of the officer!

We are stuck at Texas.. too, half way in the process ( I am the beneficiary) and I went two weeks ago to visit my fiance, just for 10 days. My POE was Fort Lauderdale. It was so nice and smooth, simple short questions:

- How long are you goint to stay?
- Where are you staying?
- Final destination?

When I said I was going to visit my fiance ( I showed him my ring) he smiled and said: Have fun! and that was it. No more questions, no nothing.
My B-2 visa is valid till Januray 2017.

Good luck!