entering USA while having pending k1 visa

[casseopei 0]

hello everyone!

my fiance and I have been looking alot at this website throughout the different steps of my k1 visa; first thanks so much for all the informations and feedback you guys provided!

i have a question; we kinda realize now that im in for a very long waiting time with montreal; i sent my checklist and packet 3 at the mtl consulate on april 17, and for what i can see i have a very long time to wait. we didnt expect it to be that long so it kinda took us by surprise. My rent will be over on june 30 ( welcome to quebec! everyone move on july first in this province ) i do have a plan B, but i didnt take a new appartment for the next year.

we are looking at different options for now; our first one would be me going there for the summer as a visitor. I'd like some advices, related experiences, etc.. regarding this.

Will i have any trouble crossing the border? ( i do have my passport and all that jazz already in hand) i know that usually they want to have some proof you will come back in the country, but since i closed several of my bills and wont have a rent at my name anymore, not to mention i will be *leaving* my work for the summer, it's a bit hard to have proof of attachment to canada. I, however, have no intention at all to screw up this long process and will come back in canada at the end of summer. i will even be ready to come back before shall they have miraculously a date of interview for me during the summer.

do you guys think i could be refused entrance in the USA at the border with a pending k1 visa? Im working on different solutions, but we havent seen each other in 6 month and would really want to spend the summer together.

ideas? thoughts? informations?

thanks alot for your time!

Julie and Dustin

[Flames9_RN 358]

I like manytravelled to the USA while the visa process was ongoing and never had a problem!! I travelled monthly to DC and never had any difficulties!! One should bring as much evidence to ties to Canada as possible (letter from employer, home lease, etc) As well as some of ur Immigration paperwork. Be honest to the POE officer --never lie-- BUT don't blab away and tell them ur whole story! Strictly answer thier question, and do so confdently, look them in their eyes, and of course be polite!! Dont bring tons of luggage, or job resumes!! Yes some have been denied entry. of course some posters more or less say the POE beat the ####### out of them, and stole thier 2 children (some get a bit drama queenish,lol) But a POE officer can/will deny one entry if he thinks a person is lying, or has the intention of permanently staying in the USA. And it all comes down to the POE officer, if he is having a bad day, who knows,lol As i stated I travelled monthly to DC, never had a problem. The conversation usually went like this:

POE officer: Business or pleasure?

Me: Pleasure, returning on such a date

POE officer: have a nice visit.

Always good to have a back up plan in case u do get denied!! Best of luck!!

[vnoe 0]

I would do as Flames suggested. Be prepared to show your ties to Canada. I have crossed a zillion times after applying for my K1 and I did not have any problems. I never mentioned though that I was going to see my fiance.........I always stated boyfriend and I always told them when I would be back in Canada. One thing for sure is I did not want to jeopardize my entry priveledges.

[casseopei 0]

Hmm, thats what my fiance told me (did believe you dear! i just wanted feedback from others! *giggles*)

my only fear is that my proof of ties list is growing thinner... i wont have a lease anymore at the end of june, and as for my work, when you leave, even for less than a week, they request that you resigned but they take you back np after ( and loose your seniority and such). I will have med insurance and a return ticket in hand ( both ending before sept1) and i hope that will be enough.. this is all so stressful o.0

thanks for the feedback

edit: ah i knew i forgot something: should i mention right away to the custom border officer i have a pending visa for k1? or just simply answer their questions?

Edited June 2, 2007 by casseopei

[vnoe 0]

Hmm, thats what my fiance told me (did believe you dear! i just wanted feedback from others! *giggles*)

my only fear is that my proof of ties list is growing thinner... i wont have a lease anymore at the end of june, and as for my work, when you leave, even for less than a week, they request that you resigned but they take you back np after ( and loose your seniority and such). I will have med insurance and a return ticket in hand ( both ending before sept1) and i hope that will be enough.. this is all so stressful o.0

thanks for the feedback

edit: ah i knew i forgot something: should i mention right away to the custom border officer i have a pending visa for k1? or just simply answer their questions?

personally, I do not volunteer information....I only give what they ask. jmo

[Flames9_RN 358]

Dont give them any more info than they ask for!! lol If they start asking for evidence, then hand it over. I was never asked to show evidence!! 1 gal recently (from canada) was pulled into secondary screening, she showed her Immigration paperwork, and after questioning, was allowed entry into the USA.

If you do for some reason get denied entry, and u told the TRUTH, it won't hard ur visa petition!! Just tell the truth, but dont blab away,lol

[YuAndDan 153]

Is asked so much that there is a FAQ about it.

4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

This may actually be the most common question in the newsgroup, asked on a near daily basis.

A..I wrote to the Embassy in London and I was given this reply: "If you wish to make a temporary visit to the US while your application for a Fiance(e) visa is being processed, you will require a visitor's visa (B-1/B-2) or, if you meet the conditions, travel visa-free. However, all travelers to the US are subject to inspection at the port of entry by an immigration officer who has the right to deny admissions. As the beneficiary of an approved Fiance(e) visa (petition) you may have difficulty convincing the officer that you are not an intending immigrant."

A.. If the fiance(e)..."Has a residence in a foreign country which the alien does not intend to abandon", and if the fiance(e) is "An alien coming to meet the alien's fiance(e)'s family (to become engaged; to make arrangements for a wedding; or to renew a relationship with the prospective spouse)", then they can enter the US on a B2 visa. (Quotes from the USCIS (INS) Inspectors Field Manual). This does not specifically address an alien with a "K1 visa application pending". Proving an intention to return home might mean showing...

• Current enrollment in school
  
• Employment in the home country
  
• Strong family ties to the home country
  

This question does not have a good answer. 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.

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

And FAQ

[Marilyn. 340]

Is asked so much that there is a FAQ about it.

4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

This may actually be the most common question in the newsgroup, asked on a near daily basis.

A..I wrote to the Embassy in London and I was given this reply: "If you wish to make a temporary visit to the US while your application for a Fiance(e) visa is being processed, you will require a visitor's visa (B-1/B-2) or, if you meet the conditions, travel visa-free. However, all travelers to the US are subject to inspection at the port of entry by an immigration officer who has the right to deny admissions. As the beneficiary of an approved Fiance(e) visa (petition) you may have difficulty convincing the officer that you are not an intending immigrant."

A.. If the fiance(e)..."Has a residence in a foreign country which the alien does not intend to abandon", and if the fiance(e) is "An alien coming to meet the alien's fiance(e)'s family (to become engaged; to make arrangements for a wedding; or to renew a relationship with the prospective spouse)", then they can enter the US on a B2 visa. (Quotes from the USCIS (INS) Inspectors Field Manual). This does not specifically address an alien with a "K1 visa application pending". Proving an intention to return home might mean showing...

• Current enrollment in school
  
• Employment in the home country
  
• Strong family ties to the home country
  

This question does not have a good answer. 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.

http://www.visajourney.com/faq/k1k2visa-application.html#4.6

And FAQ

mmm, it works a bit different for Canadians entering the US, not sure if that answer fully covers the OP's question

[YuAndDan 153]

mmm, it works a bit different for Canadians entering the US, not sure if that answer fully covers the OP's question

Pretty much says the same,

From the consulate Montreal about visiting the USA, and is a good list of things to have when crossing into USA to show officer at POE that you have ties back home.

Many applicants ask what documents they can bring to their visa interview that would demonstrate sufficiently their "ties" to their home country. The answer to this question is that no single document will be relevant to every case. Applicants should ask themselves the following question: "If I were visiting in the United States, what factors would cause me to end my visit and depart the United States?" Relevant factors, or "ties," outside the U.S. could be such things as a job, ownership of property, dependent children, or other important responsibilities that require your presence in your home country. You must demonstrate to the Consular Officer that these "ties" are strong enough to compel you to return to your home country upon completion of your visit to the United States.

The following documents are generally useful to help establish ties:

If you are working in Canada, you should bring:

• Letters of employment showing date of hire, salary, hours worked per week, and amount of time on the job
  
• 5 most recent pay slips and recent tax documents
  
• Bank statements
  

If you are not working but your spouse is, you should bring the documents listed above for your spouse. Likewise, if you are applying for a U.S. visa for your child, you should bring your (the parents') employment information, as listed above.

If you are self-employed or own your own business, you should bring:

• Your most recent tax returns
  
• Most recent tax returns for your business and/or business' financial statement
  
• Certificate of incorporation
  
• Proof that the business is currently operating and generating income
  

http://montreal.usconsulate.gov/content/co...rting_documents

Yes for interview, but also considered by POE officer.

[misa 2]

Bring your ENTIRE K1 case file as well as any correspondence from the consulate, etc. It helps to show that you'll definitely be back since your application is at the consulate.

[Udella&Wiz 325]

I travelled back in March at the beginning of the process and wasn't asked anything more then the usual...''where are you staying, with whom , when are you returning etc.....'

I'm a little more nervous this time around since all I'm waiting for is the interview I work for a fairly large company and honestly I don't know people in HR personally...even my immediate boss would probably find it a little odd if I asked for that kind of documentation...not that she wouldn't do it of course.

Frankly...I could fake the letter so I'm not sure why they ask for that kind of proof...and my last paystubs just mean I got paid, not much more

Sorry to be a little jaded.....honestly - how do they think I'm going to get ANY wedding planning done if I can't get down there?? Who is their right mind would jeopordize things now? I mean...I'd like to sample the wedding cake flavours, myself...ya know?

[neiks 19]

Sorry to say, but I would be somewhat concerned. Major ties to a country be that US or Canada are: 1. a job your returning to 2. a residence in Canada. Both you will not have by the sounds of it. It's hard to predict what will happen at the border. You may breeze through without problems but if you are sent for secondary interview the two above factors could make for a very unhappy outcome for you. Do you have the finanacial means to support yourself for the summer without a job? Money in a bank account saved up for the purpose? Is your fiance going to support you? If you have no fiancial means it may be a good idea for your fiance to write a letter stating they are going to fully support you during your visit. I really don't have much other advice for you - like someone said you will be at the mercy of the officer that day and what mood they are in.

Good luck to you.

[~Nini~ 2]

How long do you think you'll be staying? Judging by the fact that you seem to have very evidence to prove ties back to Canada, I think this is the main thing that will sway the officer's decision at the POE.

The experience I had at the YVR airport was pretty straightforward: Where are you going, who are you visiting, is he American, may I see your return ticket, boy your fiance sounds like a very good man, have a great trip. I didn't volunteer that I had a K1 visa in process, and he only asked to see my itinerary for proof of return ticket. I also had a letter from my work and a copy of my school schedule for the following semester, neither of which I needed.

If you do plan to make the trip down, be prepared to bring your copy of the K1 application - but I definitely wouldn't volunteer it until they ask for it specifically.

[casseopei 0]

well i do intent of staying for 50 days ( month and a half) i will have a place to live here in montreal, but my name is not on the lease. All my bills, official documents, driver's licence etc.. will be forward to that address. also, im going to try to have a letter from my employer that will confirm they will take me back when i come back. i will still have some major companies bills to pay, since i'll keep some services. finally, i will have a return ticket in hand, and my travel insurance will be over by the beginning of sept. I will have everything in hand to say i am coming back, but i know it will be really up to the agent to decide if i have sufficient proof of ties to come back.

we shall see *cross fingers*

Edited June 3, 2007 by casseopei

[Autumnchik 6]

Good luck! When are you planning on going?

My now husband was denied entry during our K-1 process. The officer felt that he did not show enough ties to Canada. Also, the officer told him when you are in the process of a K-1 visa, you CANNOT visit. Obviously, that is not correct (you MAY be able to visit). However, some officers are under the assumption that K-1s cannot visit at all. BTW, I also called several border crossings to ask that question and was told by at least one other officer that K-1s CANNOT visit.

On another occasion, my hubby was able to cross. Depends a lot on the officer and what their understanding is of the immigration process.