Yes, you can visit!

[h05x 0]

Hi Everyone, I'm new to the forums.

My Fiancée and I plan to get married next year after getting engaged this month. We are in the process of preparing the necessary documentation and supporting paperwork ready for her to submit the petition.

I work for a US HQ'd company and frequently travel to US on the ESTA WB along with traveling on the WT to see my lady and having read the posts here, I was concerned about the possibility of not being able to travel to the US, mainly the inability see my Fiancée, but then also how it may affect work as I'm over there approx' twice every 3 months on average for a week or so.

As a result, I contacted the U.S consulate in Belfast (London does not respond to Q&A via email apparently) to get clarification as I have needed to raise a case with my HR department explaining the situation etc.- I was told the following extracts:

+ The fact that your fiancé has filed a fiancé petition on your behalf will not preclude tourist or business travel under the Visa Waiver Program with ESTA but Customs and Border Protection (CBP) officers may question you more closely about your intentions if you travel on ESTA while the fiancé case is ongoing. And of course we cannot guarantee in advance that CBP will admit you but this is always the case. Admission is always at CBPs discretion.

+ You can travel on ESTA after your fiancé visa has been issued. You would need to ensure that you have a conversation with a CBP official at the port of entry about your intentions and that he admits you in visitor/business status rather than as a fiancé.

I would like to trust the information given by the Consulate is correct and having over 20 U.S entry stamps in my current passport, with no overstays or even a speeding ticket to speak of during my time in the U.S, I see no reason why continuing to enter under the ESTA program should be revoked when we plan to get married later in the year when I would enter with the K-1 and get married within the 90 days.

Hopefully someone finds this information of use.

-t

[Gillian+Mike 6]

I need some advice! I am planning on visiting my fiancé for a couple of months on June 24th (I am thinking until the beginning of September - after the 9th since we are planning to go to a concert). I'm in Canada so no need for a visa for visiting. We just got our NOA2 for our K1. I just need some help with proving my ties to Canada- -I've never had any trouble before but this is my first time entering with my K1 going through. I live with my mom right now, and I will have just finished covering a leave at my job, which is why I thought it was a great time for a long visit this summer. So I won't be able to show any proof of job, no mortgage or lease, etc. My car is paid for already but I do pay for insurance, I've requested for a record of my insurance past and future scheduled payments, as well as my cellphone bills past and future payments... I know it doesn't show much but it's all I can think of. Also I will of course have my return flight. Is there anything else that would help me? A signed letter or something? Like I said I've had no trouble before, and obviously I am going to return back to Canada. I just want to provide all that I can if asked. I'm just stressing! Please let me know if you can think of anything else that would help me. Thanks

[redstripe54 42]

(Travelled on the 19th May 2015) I am awaiting NOA2, stuck in the Texas back log, so to pass the time more easier for me and my fiancée, decided to travel to Florida to spend time with her hopefully for approx 80 days.

My NOA1 is February 18th 2015 and the last time I was with her was for just under 90 days, ( Dec 2014 until March 2015) on a VWP from London.

My POE was Miami where I was to catch a connecting flight to Gainesville, I took as much paperwork as possible in case I was grilled, as I was waiting inline for immigration I was nervous for no reason really, just didn't want to get turned back as I was looking forward to seeing her again.

I went forward and said Good Evening to the Officer, he said Evening back and never said one more word, except to instruct me on the fingerprints and photograph! He stamped my passport with the usual 90 days.That was it, he never asked one single question, it was really strange. I was so shocked I asked him a question regarding the back log at Texas, he replied he doesn't know, he is Homeland Security and they are US Immigration a different agency. That was it, the most surreal experience, NOT ONE QUESTION!! It very much seems on the mood of the Immigration officer you get, it's almost like a lottery.

[Limey 551]

I went forward and said Good Evening to the Officer, he said Evening back and never said one more word, except to instruct me on the fingerprints and photograph! He stamped my passport with the usual 90 days.That was it, he never asked one single question, it was really strange. I was so shocked I asked him a question regarding the back log at Texas,

Wow, you're braver than me. As soon as I get the green light from the immigration guy I'm out of there as fast as my little legs will carry me - I certainly wouldn't be asking questions about Texas backlogs or anything else that might change his/her mind.

[swji89 41]

(Travelled on the 19th May 2015) I am awaiting NOA2, stuck in the Texas back log, so to pass the time more easier for me and my fiancée, decided to travel to Florida to spend time with her hopefully for approx 80 days.

My NOA1 is February 18th 2015 and the last time I was with her was for just under 90 days, ( Dec 2014 until March 2015) on a VWP from London.

My POE was Miami where I was to catch a connecting flight to Gainesville, I took as much paperwork as possible in case I was grilled, as I was waiting inline for immigration I was nervous for no reason really, just didn't want to get turned back as I was looking forward to seeing her again.

I went forward and said Good Evening to the Officer, he said Evening back and never said one more word, except to instruct me on the fingerprints and photograph! He stamped my passport with the usual 90 days.That was it, he never asked one single question, it was really strange. I was so shocked I asked him a question regarding the back log at Texas, he replied he doesn't know, he is Homeland Security and they are US Immigration a different agency. That was it, the most surreal experience, NOT ONE QUESTION!! It very much seems on the mood of the Immigration officer you get, it's almost like a lottery.

I hope I have a similarly pleasant experience on Saturday when I visit! I'm in the same situation as you, in terms of waiting for NOA 2 from Texas (grrr!) and will be taking lots of stuff - job contract, email exchange with my boss regarding what date I'm back in work following the visit, copy of the NOA 1 (the 'I'm not stupid enough to screw this up by overstaying' argument) etc. Plus, I'm only going for a week, which will probably help!

I'm going through Atlanta which has the advantage of using the self-service computers for ESTA travellers. last time I had my passport stamped by the office before he had even asked what I was there for, so hoping for something similar.

Wow, you're braver than me. As soon as I get the green light from the immigration guy I'm out of there as fast as my little legs will carry me - I certainly wouldn't be asking questions about Texas backlogs or anything else that might change his/her mind.

With you there!

Edited May 26, 2015 by swji89

[xstarlet 4]

I need some advice! I am planning on visiting my fiancé for a couple of months on June 24th (I am thinking until the beginning of September - after the 9th since we are planning to go to a concert). I'm in Canada so no need for a visa for visiting. We just got our NOA2 for our K1. I just need some help with proving my ties to Canada- -I've never had any trouble before but this is my first time entering with my K1 going through. I live with my mom right now, and I will have just finished covering a leave at my job, which is why I thought it was a great time for a long visit this summer. So I won't be able to show any proof of job, no mortgage or lease, etc. My car is paid for already but I do pay for insurance, I've requested for a record of my insurance past and future scheduled payments, as well as my cellphone bills past and future payments... I know it doesn't show much but it's all I can think of. Also I will of course have my return flight. Is there anything else that would help me? A signed letter or something? Like I said I've had no trouble before, and obviously I am going to return back to Canada. I just want to provide all that I can if asked. I'm just stressing! Please let me know if you can think of anything else that would help me. Thanks

Unfortunately I can't think of anything else.

Insurances, return flight and maybe bank account...

I'm not sure if they would accept a signed letter. Who would you ask to write something?

I'm gonna be in a similar situation.

We are still waiting for our NOA2 though.

I'm gonna visit my fiancé for about 8 weeks in summer.

I won't have proof of job either and I live in my condo. I don't know if that counts as a tie to my home country but I can prove that I'm still paying it off. Insurances and bank account. And of course the return flight. That's all I can think of too

I hope that's gonna be enough and the officer will have a good day

[Limey 551]

I'm going through Atlanta which has the advantage of using the self-service computers for ESTA travellers. last time I had my passport stamped by the office before he had even asked what I was there for, so hoping for something similar.

I've entered via Atlanta a number of times and always found them actually quite pleasant.

[swji89 41]

I've entered via Atlanta a number of times and always found them actually quite pleasant.

Last chap was pleasant enough but I have been met with sternness in the past, that's for sure!

[Gillian+Mike 6]

Unfortunately I can't think of anything else.

Insurances, return flight and maybe bank account...

I'm not sure if they would accept a signed letter. Who would you ask to write something?

I'm gonna be in a similar situation.

We are still waiting for our NOA2 though.

I'm gonna visit my fiancé for about 8 weeks in summer.

I won't have proof of job either and I live in my condo. I don't know if that counts as a tie to my home country but I can prove that I'm still paying it off. Insurances and bank account. And of course the return flight. That's all I can think of too

I hope that's gonna be enough and the officer will have a good day

Me too! Thanks

[Sabrina&Chuck 32]

I go visit on June 27th to July 12th..we got our NOA2 already ..trying to call NVC now all the time..but like always 35 days speach..so what will I have to show? Have I to say I'll visit my fiance or have I to say I'm visiting friends? It splits my mind . any advice =) ?

[Sabrina&Chuck 32]

Hello so I'll go for a visit June 27th. I'm about to get my school done - so how have I to show them I'll go back home? Just with a back -forward flight or do I need more?

[ben1987 0]

I apologise if my questions have been answered (multiple times, most likely) but there is a lot of information in this thread and the occasional use of jargon which I sometimes may not have understood.

I am a UK citizen engaged to a US citizen and we are in the process of gathering everything together to submit our K1 application so that I can move to the US to be with her. So we have not submitted an application as of yet. We are aware of the waiting times (my information will be going to Texas - joy) but my fiancee was understandably upset recently when she read that I would not be allowed to visit following the submission of my application and we may not see each other for 10 months, contrary to what this thread seems to suggest.

Although I will be trying my best to visit her it has not been planned or booked, so I understand this is entirely hypothetical but I hope that won't matter too much. If/when the trip is organised it will likely only be for 7 days.

My situation is as follows:

• I have a valid ESTA that expires in June 2016 - I have traveled on this previously.
• I am currently unemployed - full time MSc student due to finish studies on July 20th, and expect to be offered a job in the coming weeks which may be used as proof of employment to establish a tie to the UK.
• I live with my father so have no rental or tenancy agreement.
• I do not know the exact dates but in the last 12 months (as of posting) I have spent approximately 130-140 days in the US over three trips - end of June 2014 to beginning of September 2014, December 2014, and April 2015.
• On no occasion have I tried to work or overstay any of my visas.

The questions I have:

• Would I be able to visit the US to see my fiancee once the K1 application has been submitted?
• Should I wait until we have received NOA1 before planning a trip? (Allowing for confirmation receipt to be used as evidence of intention to return)
• What evidence is sufficient as having submitted a K1 application? Is it just a photocopy of the I-129F form? Does it include copies of all accompanying documents? Or is this even required if I have confirmation of NOA1?
• What other documentation might be seen in a positive light to establish my intent to return to the UK following my trip other than a letter from an employer and a rental/tenancy agreement (which I am unable to provide)?
• Considering the amount of time I have spent in the US in the last 12 months - it is my understanding that frequent visits may be viewed with suspicion - would it be preferable, or at least look better on my part, if I was to wait until after September before planning a trip (at which point the June-September 2014 trip would be outside of the last 12 months - I believe I have read you shouldn't spent more than 180 days in the US over a 12 month period)?

I hope I've provided enough information for someone to give me any advice. It is much appreciated.

Edited May 31, 2015 by ben1987

[Limey 551]

I can only tell you things from my experience (I'm a UK male engaged to a US girl, and I've travelled several times during the k1 process as we were stuck in Texas Service Center). I now have the K1 visa and will enter to get married in around 1 week.

1) the US government official site strongly recommends that you don't travel, since there is a risk of being denied entry as you've already indicated an intention to immigrate to US

2) in practice as this thread attests you can usually travel with no problems, even if the immigration officer asks who you are visiting and you tell them fiancee, so long as you can convince them you are not there to marry or overstay.

3) its good if you have the NOA1 - just a copy (it has codes that I assume they could use to verify if need be). It shows that you are doing things the right way. I always took my entire k1 folder just in case they wanted to see it, it shows you've put in a serious amount of effort but also it had all my police certificates (no trace) so showed I'd probably have no issues getting my K1 and hence no reason to overstay or abuse the system.

4) although you can spend up to 50% of the year (180 days) in the US, in practice this might not be possible - on each trip you have to convince the officer that you're not intending to overstay, but also that you aren't circumventing immigration procedures by making frequent tourist trips. On one trip when I had only spent about 30 days in the US in the preceding 6 months the officer saw 2 previous trips there in the year before and said that there is "no such thing as a visiting my girlfriend visa" (his exact words). He did admit me that time, but made clear that there is no right to spend 180 days in a year, these are just guides and a tourist visa is for tourism. I've never had a problem since however and done 2 more trips having applied for K1 after that visit).

5) There is no hard and fast rule for what you can use to show links to the UK, but a job offer, V5 that shows you own a car, or anything like that would be persuasive.

6) I've found that I've had much less scrutiny on shorter trips (less than a month). If you really want to see your partner, consider that a shorter trip is better than no trip at all (which is what you get if denied entry).

Edited May 31, 2015 by Limey

[JoeyKeano 21]

3) its good if you have the NOA1 - just a copy (it has codes that I assume they could use to verify if need be). It shows that you are doing things the right way. I always took my entire k1 folder just in case they wanted to see it, it shows you've put in a serious amount of effort but also it had all my police certificates (no trace) so showed I'd probably have no issues getting my K1 and hence no reason to overstay or abuse the system.

What about NOA2? I've looked at the last 20 pages of this thread, and a lot of people mention that they have their NOA1 but not much about post-NOA2.

I'm planning of visiting my U.S fiancee from June 26th - July 20th. (I'm having my medical on June 10th, but not planning on scheduling interview until I return to the U.K) The last time I was in the US was February (before we filed for the K-1)

Is this advisable or not? (I've already paid for the flights!)

Edited June 1, 2015 by JoeyKeano

[JDWright 30]

What about NOA2? I've looked at the last 20 pages of this thread, and a lot of people mention that they have their NOA1 but not much about post-NOA2.

I'm planning of visiting my U.S fiancee from June 26th - July 20th. (I'm having my medical on June 10th, but not planning on scheduling interview until I return to the U.K) The last time I was in the US was February (before we filed for the K-1)

Is this advisable or not? (I've already paid for the flights!)

From what I've read this is not advisable, the likelihood of being barred entry is quite high post NOA2 and it's best to wait until the visa is in hand to make the trip.

N.B. this is only from what I've read, I'm no expert or anything.