Planning a long visit

[jaysaldi 213]

1 hour ago, SusieQQQ said:

And why on earth do you think CBP won’t know she has been petitioned for K1?

If it's not in CBP's system, they're going to know when they ask her why she's coming the USA and she says "visit my American fiancee." 

 

Because the next question they may ask is have you filed for a K-1 visa or where you do you guys plan to live, or why should we expect you to go home, and she will say "We have followed the correct process and filed for a K1 visa"

[jaysaldi 213]

10 hours ago, Derek Scheyer said:

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.

 

Her having applied for a K1 visa demonstrates that she is an intended immigrant. She wants to live in the USA. She doesn't want to live in Canada.  She doesn't need to return to Canada to earn money as she has an American fiance who will financially support her in the USA. So why would she go back to Canada?

 

 

9 hours ago, Derek Scheyer said:

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. 🙂

 

 

I would suggest that "hobbies and things we like to do" are not what anyone does all day. Most people work. They may question her about whether she intends to work in the USA and how she can pay for her 5 months visit to the USA. Does she have bank statements showing a lot of savings? They may ask her to demonstrate the financial wherewithal to support herself in the USA for 5 months.

 

As to "why would we try to jeopardize our K1 process" there are a few reasons. One, she may be concerned about denial of her application due to something in her background. Second, and more importantly, the virus. Many embassies aren't conducting K1 interviews right now. We don't know when they will conduct them. The current administration keep squeezing intended immigrants with more restrictions, travel bans, and higher fees. You guys may have made a decision to just reunite in the USA under the guise of a "visit," get married and adjust status.  That could put her on a faster track to a green card than waiting in Canada for 3? 6? 12? months for a K-1 visa interview, hoping she passes that interview, and then entering the USA and joining what could be a very long and expensive queue to adjust status then. 

 

2 hours ago, Derek Scheyer said:

No they're trying to train someone to permanently take over her position because she plans to eventually move here on the k1 visa. Their store has multiple managers.

 

2 hours ago, Derek Scheyer said:

Sorry it was bad wording. She will still have her job and remain an employee.

It sounds to me like she still has a job in name only. They have hied her replacement. They expect her to permanently leave the country in 3-8 months and never work for them again after that.  If her K-1 visa is scheduled for an interview while she's in the USA, then she just flies back to Canada, interviews at the embassy and moves to the USA, right? 

They ask about visitors' jobs back home to determine if they have a reason to return home. It doesn't sound like she has a job related reason to return to Canada. 

I will give you a bit more advice here. She absolutely needs a return ticket. In fact, if possible, she should show up with a round trip ticket, not with her one way ticket to the USA and a separate one way ticket back to Canada purchased months later.  CBP officers can see someone's travel itinerary. If they see she bought a one way ticket to the USA months ago and only recently bought a cheap one way ticket back to Canada, it may appear to them that the one ticket back to Canada was purchased as an afterthought simply to meet requirements to get past CBP without any intention of using that ticket.  They may question her aggressively about why her original purchase was a one way ticket to the USA.

Also, it's important she doesn't cary anything with her that suggests she intends to marry you and adjust status and stay in the USA. First and foremost, she shouldn't carry a wedding dress. She shouldn't carry six suitcases of everything she would bring on a permanent move to the USA, like copies of her CV, family photo albums, etc.   She should be prepared that they will ask to look through her phone. There should be no texts or Facebook messages with you about plans for her to marry, find work in the USA, buy a home with you, etc.  Nor should she have photos of her going away party at her job in Canada.

 

She needs to be very prepared for aggressive questioning here and she shouldn't have an entitled attitude of "What's the big deal people visit for 5 months to do hobbies all the time why would you question me?"

[SalishSea 18,249]

17 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.

So she is no longer employed.  Lack of ties to Canada.