visiting under ESTA whilst going through K1

[prettylilraindrop 3]

I am travelling to the US Friday from the UK, to visit my fiance. I will be travelling under the ESTA. I apologise in advance, as I know this question has been asked a lot of times on this forum and I have looked at all answers, however I am just asking for clarification and to hopefully put my mind at ease.

 

I am really worrying about it because we are going through the k-1 process, we are not far into the process and so far have only received the notification that they have received our application so are still awaiting acceptance/ denial of the petition so are in the early stages. However, I'm not sure whether when going through customs it automatically flags up you have started the k-1 process?

 

I have read that you need to show strong ties to the UK to show that you will come back and all should be ok, so I am getting a letter from my manager to say when I am away/ returning. I also rent an apartment but am moving back in with my mum next month, so I can show my contract but as I am moving out November 2nd, I am worried that wont be strong enough evidence, so was thinking of getting a letter from my mum who I'll be living with just to say how much rent she will be charging etc to show I have bills to pay? I was also thinking of taking a screenshot of our holiday calendar at work/ the email stating the time off I have and of course the return flight. Is there anything else I should be thinking of?

 

I am so worried about it, the last couple times connecting through JFK has been great and I haven't been questioned a lot and I am connecting there again but I am just worried as now we are going through the k-1 and moving out of my apartment soon has me worried they will doubt me and I wont have strong enough evidence to show I'm returning.

 

I know no one can give me a definite answer as it's all dependant on the officer, however is there anything else I should be bringing/ do you feel like my evidence is strong enough? Please let me know your experiences with this if you have gone through it yourself and what kinds of questions they asked and what evidence you provided.

 

Thank you in advance, I really appreciate the help!

[DaveAndAnastasia 2,096]

See the 

 thread, but you should be fine. It's sometimes difficult to get a new tourist visa while waiting for a K-1, but traveling on an existing visa, ETSA/VWP, or from a country that has visa-free travel to the US (Canada, pretty much) is almost always fine.

[Iscir 297]

I have visited 3 times with a I-130 pending and it seems they don't know you have a petition pending unless you tell them. The last two visits they asked me who I was going to stay with/go on vacation with, so since I replied ''with my husband'' they asked me if my husband had petitioned for me. If you have a good travel history I doubt they will question you more than usual. That is my experience at least.  I think you will be fine! The documents you will be bringing sound good to me, but they most likely won't even ask you to show them anything  

Edited September 22, 2019 by Iscir

[Wuozopo 4,293]

1 hour ago, prettylilraindrop said:

However, I'm not sure whether when going through customs it automatically flags up you have started the k-1 process?

I have asked at immigration entry (US) twice if their computer shows who has applied for a fiancé visa. They said no. I supposed if you ever entered and said you had applied, the officer might have made a notation in the file. I don't think your visa process automatically populates Customs and Border Patrol systems. Do what you always have done before. You don't have to volunteer your life story. Just answer the questions. 

[SalishSea 18,124]

My husband travelled while our K-1 NOA2 was pending (in fact, he was here when we received it), and had no problems.  He had loose ends to tie up in NZ before immigrating (work, kids + aging parent, home etc), and he brought the type of evidence you mentioned. Good luck!

[yoda one for me 322]

12 hours ago, prettylilraindrop said:

I have read that you need to show strong ties to the UK to show that you will come back and all should be ok, so I am getting a letter from my manager to say when I am away/ returning. I also rent an apartment but am moving back in with my mum next month, so I can show my contract but as I am moving out November 2nd, I am worried that wont be strong enough evidence, so was thinking of getting a letter from my mum who I'll be living with just to say how much rent she will be charging etc to show I have bills to pay? I was also thinking of taking a screenshot of our holiday calendar at work/ the email stating the time off I have and of course the return flight. Is there anything else I should be thinking of?

I went through pre-clearance at Dublin each time I visited on ESTA. Each time I took a printout of my time off approval from work, evidence of my mortgage and my car finance being current, my booking confirmation for my return flight, and a copy of my K1 NOA1 (that's your notice they received it - later I took a copy of the NOA2 approval when we got it and finally my interview confirmation). I was never asked to show any of this evidence - even when I mentioned to the officer on my last visit that I had my K1 interview scheduled 2 weeks out so that's why I wasn't wanting to stay any longer.

 

Just don't be too nervous, be honest, answer what they ask, be prepared to show evidence if they want it. People visit on ESTA during K1 all the time CBP just want to be confident you aren't going to stay without the right permission.

Edited September 23, 2019 by yoda one for me
typo

[Limey 551]

On 9/22/2019 at 3:18 PM, prettylilraindrop said:

I am travelling to the US Friday from the UK, to visit my fiance. I will be travelling under the ESTA. I apologise in advance, as I know this question has been asked a lot of times on this forum and I have looked at all answers, however I am just asking for clarification and to hopefully put my mind at ease.

 

I am really worrying about it because we are going through the k-1 process, we are not far into the process and so far have only received the notification that they have received our application so are still awaiting acceptance/ denial of the petition so are in the early stages. However, I'm not sure whether when going through customs it automatically flags up you have started the k-1 process?

 

I have read that you need to show strong ties to the UK to show that you will come back and all should be ok, so I am getting a letter from my manager to say when I am away/ returning. I also rent an apartment but am moving back in with my mum next month, so I can show my contract but as I am moving out November 2nd, I am worried that wont be strong enough evidence, so was thinking of getting a letter from my mum who I'll be living with just to say how much rent she will be charging etc to show I have bills to pay? I was also thinking of taking a screenshot of our holiday calendar at work/ the email stating the time off I have and of course the return flight. Is there anything else I should be thinking of?

 

I am so worried about it, the last couple times connecting through JFK has been great and I haven't been questioned a lot and I am connecting there again but I am just worried as now we are going through the k-1 and moving out of my apartment soon has me worried they will doubt me and I wont have strong enough evidence to show I'm returning.

 

I know no one can give me a definite answer as it's all dependant on the officer, however is there anything else I should be bringing/ do you feel like my evidence is strong enough? Please let me know your experiences with this if you have gone through it yourself and what kinds of questions they asked and what evidence you provided.

 

Thank you in advance, I really appreciate the help!

I very much doubt you'll have problems. I traveled several times after NOA1, and didn't get a problem.

 

As others have said, check out the pinned thread about traveling during the process. What you'll find is that very few people have problems. When they do, its almost always because of one or more of the following:

1) they are making a very long visit (close to 90 days)

2) they've made a prior visit (or more than one) relatively recently, ie last 2 or 3 months

3) they can't show any ties to home

 

My situation was similar in that I gave up my apartment and moved back in with my parents prior to moving to the USA so I had no lease to show. It was never an issue.

 

Just answer their questions truthfully and you'll be fine. Having a k1 in process shows that you're intending immigrating the right way. I wouldn't mention it at the outset, but if they start on a line of questioning about the status of your relationship, I'd mention it then.

[Mrs Ryan Carreras 247]

Ryan and I were just approved our K1 Visa. 
He traveled to visit me after NOA2 and with medical scheduled interview ready. 
Just answer honestly and have ties back to home. 
He was here 5 weeks and traveled back to the UK no issues. 
They did ask questions but showing he was going back and we were going through the process legally was what I think got him through. (He did show his NOA2 copy and proof of medical appointment). 
There is never a guarantee but you should not have any issues. 
Good luck on your journey 😊