Planning a long visit

[Boiler 46,033]

I was out of the country for 80 days and there was no end of documents relating to my need to return.

[TT & R 6]

16 hours ago, Derek Scheyer said:

My fiance and I are planning a trip for her to come out here for about 5 months between November and March. I was wondering if there is any tips or advice for getting through the border agents.

 

We purchased a one way ticket and we will buy her return ticket before March. We did it that way in case she needed to go home earlier due to the embassy working on our case or any other emergency reasons. She will take an unpaid leave of absence with her work and they are making her a letter stating that she plans to return to work.

My fiance is doing the same now.  Arrived in July.   She's going back in September but then if still no K1....then coming back in October untill K1 is close.  We're going on 8 months now and no NOA2.  Craziness.  So we'll wait it out together.   

 

No issues at all entering U.S.  Only asked her the purpose of the visit.  She had a return ticket just in case...but they never asked. most airlines allow ability to change date now due to current situation. 

 

I'd recommend getting a return ticket just in case.  And avoid Atlanta airport. They have history of giving folks entering a hard time.  My fiance experienced that in February. 

 

FLL has been best for us.

[Lemonslice 4,963]

Return ticket is not required for Canadian visitors, however it can be a good way to demonstrate that you are planning ahead and will return home.  Many, many, Canadians cross by land driving their own vehicle, would be hard to show tickets then.

 

Longer visits, especially multiple longer visits, can raise some flags though - fine line between living in the US, and visiting.

 

Best of luck.  

[jaysaldi 213]

8 hours ago, Jorgedig said:

Sounds like a textbook case of someone who is planning to bypass the queue and adjust status.  Hopefully that is not her plan, but these circumstances may lead CBP to deny entry.

Right. I've heard that because there are so fre foreigners flying into the USA right now, there's more "What the heck are you doing here" scrutiny from CBP.

 

For her to show up with no return ticket to see an American fiance for five months would be very risky. She has to show strong ties to Canada like a job there, owning property, etc. Anyone who can spend five months in the USA probably doesn't have a strong ties to her home country.

 

Then comes the suspicion that she'll be working in the USA, online or otherwise, because most people can't just go five months with no income.

And if she's not working in the USA, what the heck is she going to do all day for five months.  This sounds a lot like "playing house" than typical tourism. That's not prohibited per se but it just creates a strong suspicion that she's an intended immigrant to the USA. They're engaged, they must be planning to live together, she doesn't have a steady job in Canada, why shouldn't CBP believe that their plan is to live together in the USA?

[M_H 14]

22 hours ago, Derek Scheyer said:

My fiance and I are planning a trip for her to come out here for about 5 months between November and March. I was wondering if there is any tips or advice for getting through the border agents.

 

We purchased a one way ticket and we will buy her return ticket before March. We did it that way in case she needed to go home earlier due to the embassy working on our case or any other emergency reasons. She will take an unpaid leave of absence with her work and they are making her a letter stating that she plans to return to work.

 

22 hours ago, Derek Scheyer said:

My fiance and I are planning a trip for her to come out here for about 5 months between November and March. I was wondering if there is any tips or advice for getting through the border agents.

 

We purchased a one way ticket and we will buy her return ticket before March. We did it that way in case she needed to go home earlier due to the embassy working on our case or any other emergency reasons. She will take an unpaid leave of absence with her work and they are making her a letter stating that she plans to return to work.

I believe if any country you go to and as a tourist you have to show them that you will return with a return ticket! My advice is to get a return ticket to be save...

[Derek Scheyer 83]

16 hours ago, Ontarkie said:

~~Moved to Tourist Visas, from K1 P&P- As the Topic is visiting.~~

Why would this be moved to tourist visas? The post is specifically about someone in the process of a k1 visa trying to attempt a lengthy visit. And curious how having a k1 visa could change the mind of a border agent and what advice we could get regarding that, so we don't make any mistakes during the process of our k1 visa.

[Boiler 46,033]

Just now, Derek Scheyer said:

Why would this be moved to tourist visas? The post is specifically about someone in the process of a k1 visa trying to attempt a lengthy visit. And curious how having a k1 visa could change the mind of a border agent and what advice we could get regarding that, so we don't make any mistakes during the process of our k1 visa.

You answered your own question.

 

Has no impact on a K1.

[Unlockable 7,315]

1 minute ago, Derek Scheyer said:

Why would this be moved to tourist visas? The post is specifically about someone in the process of a k1 visa trying to attempt a lengthy visit. And curious how having a k1 visa could change the mind of a border agent and what advice we could get regarding that, so we don't make any mistakes during the process of our k1 visa.

Mod here. The move action by the other mod was correct.

 

Your post is about visiting the US. Even though you have a K1 in progress, the ultimate topic of this thread is your visit. There is nothing of value of here related to your K1 process like K1 timelines, K1 interviews, or K1 documents. People who visit but have current cases in progress still needs a visitor visa. 

 

I hope this helps clarify things.

[Derek Scheyer 83]

7 minutes ago, Unlockable said:

Mod here. The move action by the other mod was correct.

 

Your post is about visiting the US. Even though you have a K1 in progress, the ultimate topic of this thread is your visit. There is nothing of value of here related to your K1 process like K1 timelines, K1 interviews, or K1 documents. People who visit but have current cases in progress still needs a visitor visa. 

 

I hope this helps clarify things.

Yes thank you! I never knew when she came to visit they gave her a visa of any sort. She just uses her passport.

[Unlockable 7,315]

3 minutes ago, Derek Scheyer said:

Yes thank you! I never knew when she came to visit they gave her a visa of any sort. She just uses her passport.

For Canadians it is different. She has a pass to enter the US. But it still requires and interview with an agent upon entry. And when she enters, she will enter as a "visitor" not a K1 immigrant.

Edited August 21, 2020 by Unlockable

[Derek Scheyer 83]

5 hours ago, jaysaldi said:

Right. I've heard that because there are so fre foreigners flying into the USA right now, there's more "What the heck are you doing here" scrutiny from CBP.

 

For her to show up with no return ticket to see an American fiance for five months would be very risky. She has to show strong ties to Canada like a job there, owning property, etc. Anyone who can spend five months in the USA probably doesn't have a strong ties to her home country.

 

Then comes the suspicion that she'll be working in the USA, online or otherwise, because most people can't just go five months with no income.

And if she's not working in the USA, what the heck is she going to do all day for five months.  This sounds a lot like "playing house" than typical tourism. That's not prohibited per se but it just creates a strong suspicion that she's an intended immigrant to the USA. They're engaged, they must be planning to live together, she doesn't have a steady job in Canada, why shouldn't CBP believe that their plan is to live together in the USA?

She's coming to visit her fiance. What do we do all day? Same thing anyone does all day. We have hobbies and things we like to do. When you love someone just spending time with them doing basic things is a big deal. Especially when you're apart for months on end. Not everyone works all day every day.

 

She has had her job in Canada for 9 years and is a manager. They've been hiring a new girl as a manager for half a year now getting ready for her to move to the US on her k1. They had no problem with her coming to the US and said they would rehire her in a heartbeat when she returned. My home is paid for and I make decent money doing what I do. We both also have a decent amount in savings as well.

 

Why would we try to jeopardize our k1 process when were so far along. That's the only reason for this post in the first place. I want to make sure we're doing everything right and get others opinions and advice. 🙂

 

 

[Boiler 46,033]

I did a little bit less, 80 days and had no ends of things as I mentioned, car flat and everything that went with my life back home.

[Crazy Cat 42,215]

2 hours ago, Derek Scheyer said:

They had no problem with her coming to the US and said they would rehire her in a heartbeat when she returned.

That doesn't sound like unpaid leave.  That sounds like a resignation.....She needs to be prepared to show strong ties to Canada and evidence that she is not going to stay in the US.

[Boiler 46,033]

25 minutes ago, Lucky Cat said:

That doesn't sound like unpaid leave.  That sounds like a resignation.....She needs to be prepared to show strong ties to Canada and evidence that she is not going to stay in the US.

A guy I worked with did this, had his job on return, sort of like Maternity Leave. Sounds like the OP needs to check what the situation is, they presumably have hired a temp to cover the 5 months. A letter from the Employer confirming the situation could well help.

[SusieQQQ 11,587]

4 hours ago, Derek Scheyer said:

Why would this be moved to tourist visas? The post is specifically about someone in the process of a k1 visa trying to attempt a lengthy visit. And curious how having a k1 visa could change the mind of a border agent and what advice we could get regarding that, so we don't make any mistakes during the process of our k1 visa.

A visit falls under tourism. If it is too lengthy to be considered just a visit, then you are likely to be denied entry for the “visit”. 
No impact on k1 either way.

Edited August 21, 2020 by SusieQQQ