Can I visit her in US while awaiting K1 NOA2

[Nickm1002 10]

Would you guys recommend getting the certified police certificate now

 

or is it too early as it might expire.

 

I just hate waiting, I'm trying my best to get everything ready

As I mentioned before, NOA1 was July 9th, so hoping for NOA2 in the next coming months.

Thanks.

Edited February 1, 2022 by Nickm1002

[Mike E 11,742]

Too early to get police certificates

[Nickm1002 10]

1 hour ago, Mike E said:

Too early to get police certificates

Would a good time be after NOA2? Or still too early?

Thanks alot for all your replies.

[*Snowdrop* 604]

One option is to book a shorter trip to visit - 2 weeks for example, which is a reasonable time for a vacation and when admitted change your return date for longer or until you need to get back to home country to process immigration stuff. 

 

 

[Mike E 11,742]

2 hours ago, Nickm1002 said:

Would a good time be after NOA2? Or still too early?

Thanks alot for all your replies.

You don’t start getting police certificates until you start to engage with the consulate.  
 

Also, conventional wisdom is you need a cert from every city you lived in 6 months or more since age 18. We married the mistake of following they CW and in the end the embassy wanted a cert just for where my fiancée was currently living. 

[SalishSea 18,077]

2 hours ago, *Snowdrop* said:

One option is to book a shorter trip to visit - 2 weeks for example, which is a reasonable time for a vacation and when admitted change your return date for longer or until you need to get back to home country to process immigration stuff. 

 

 

Not a great plan to misrepresent your plans at the border, ever.

[Rlewis 73]

Hi Nick!
I was a K1 filer from Canada as well - I would do at least 8 visits a year to see my (now husband) in the US! I had no issues crossing the border most of the time. Mind you, my stays were never longer than 2 weeks because that's what I could afford to take off from work, unlike your situation.

 

There is no legal ramifications about travelling to the USA while awaiting K1 process. I started K1 in 2019 and didn't cross into the US until Nov 2020. Between then I'd have to have a least 20+ visits in total. I was very concerned about my situation when crossing too. 

 

However, for the most part border agents just wants to see: how are you able to afford time off if it's a long visit. For ex. for me, I worked for an airline so flying was a breeze, tickets costed nothing for me, and for the most part my schedule at work is pretty flexible.

 

In your case, their biggest scrutiny may be from how you're able to survive 6 months away from work if they actually dug into details about what kind of job you have. Like you said, they may not even pay too much mind and let you go. Sometimes it even depends on the agent you might get! It it absolutely valid to feel nervous about doing any travelling there. May I suggest breaking down your trips into maybe 2, or 3 trips of 2 months each with return tickets? It could possibly ease your mind about possibly getting turned around at customs. Ultimately though it's hard to tell, but right now you are valid to feel a little nervous!

 

Some agents might understand that due to covid, a lot of work has become fully remote and may not pay too much attention on your visit, but if they ask the nature of your job I think they may be a little suspicious how you are managing to take such long time off. Like others mentioned previously weak ties to Canada might make them more wary of your intentions.

There really isn't much you can do, except for go for it and see what happens or adjust your travel length to be shorter but more frequent. 

 

All in all, good luck!

[Candice & Pierre 4]

7 hours ago, CMJuilland said:

Nobody can tell you whether or not you will be admitted.  It doesn’t matter, at this point, whether you “legally” have the right to visit or not; it’s at CBP’s discretion that you will be admitted or not. 

Like others have stated already, your ties are weak to non-existant.  CBP officers are often trained to assume fraud, which puts the burden on you to “prove” that you will not use your stay to “live” in the U.S.  If you put yourself in a CBP officer’s shoes, it is easy to assume that you do just that - especially while already having established immigrant intent with the pending K1 application. 

 

I get how hard it is; my wife and I went through this as well (minus COVID plus Atlantic Ocean).  Right around filing, I was pulled into secondary because CBP apparently thought I was visiting a tad bit too often.  However, I had a return ticket for three weeks later, a letter from my employer that they expected me back, and a lease back in Switzerland.  Had that not been the case, I am sure I would have ended up on a flight back to Europe that day.  In your situation, it might be better to plan two or three shorter visits (of a week or two) as that would not raise as much suspicion - and it would look less like you “want to use your visitor privileges to live in the United States”. 

 

Good luck with everything! 

Hello! I know you've loads of answers but just saw this and I have been in the same exact situation since March 2021. Our US immigration lawyer told me that it was unlikely I would be let into the US for a long stretch of time (I have a canadian work permit, full time job, letter from employwer and a lease). She wasn't even keen on me doing short trips so my partner has been coming once a month on weekends. 

 

I agree that your best best is to do a couple of short trips  

 

Hang in there, I know its super tough and I hope your case moves along!!

[Loren Y 2,756]

2 hours ago, Rlewis said:

a lot of work has become fully remote and may not pay too much attention on your visit

Working on a tourist visa is not allowed without permits, granted remote work is a grey area with immigration, but not with the IRS, and issues may arise. Not a issue in the OP's case, but proceed with caution with the remote work in most other cases.

[Nickm1002 10]

Thanks alot for the real people who commented on here with some good advice!

 

I really appreciate it, and even if we didn't fully agree on stuff I'm glad you were honest about your opinion.. I am definitely going to take everything into consideration and make the best decision for us when the time comes.

Some other people are reacting like they know the full story of our relationship/life etc with some extra stuff that has nothing to do with my questions/concerns, Find that pretty funny but whatever makes you happy.

Have a good day guys and thanks for the help! I'm glad I found this forum and hope everyone waiting gets their visas soon! Goodluck all! You may see me around if I have some more questions in the future ❤️ 

I'll make sure to keep updating my timeline to help out too.

[*Snowdrop* 604]

23 hours ago, Jorgedig said:

Not a great plan to misrepresent your plans at the border, ever.

 Planning a 2 week trip, booking a return ticket for two weeks later is not misrepresenting. Obviously if the border agent says "are you planning to change your return date for a longer stay while you are here" you should not lie. But every time I flew under the visa waiver program I had a return ticket and planned to return but also knew I had the option to change if I felt like it later.

 

Answer questions truthfully but you don't have to tell them every thought which passes through your head.

 

When I was waiting for my spousal visa I flew over from the UK about 6 times in 12 months. Sometimes for a weekend, sometimes for a week. Sometimes for 2 weeks. I changed my return date once in those six trips because I felt like staying longer. 

 

And if they do query the date then just keep to the two week trip - you still get to see  each other. If they stamp you in with a 90 day visa waiver or six month B2 stay then you have options open to you later. Then come back a month later for another short trip.

 

 

 

Edited February 3, 2022 by *Snowdrop*

[SalishSea 18,077]

21 minutes ago, *Snowdrop* said:

 Planning a 2 week trip, booking a return ticket for two weeks later is not misrepresenting. Obviously if the border agent says "are you planning to change your return date for a longer stay while you are here" you should not lie. But every time I flew under the visa waiver program I had a return ticket and planned to return but also knew I had the option to change if I felt like it later.

 

Answer questions truthfully but you don't have to tell them every thought which passes through your head.

 

When I was waiting for my spousal visa I flew over from the UK about 6 times in 12 months. Sometimes for a weekend, sometimes for a week. Sometimes for 2 weeks. I changed my return date once in those six trips because I felt like staying longer. 

 

And if they do query the date then just keep to the two week trip - you still get to see  each other. If they stamp you in with a 90 day visa waiver or six month B2 stay then you have options open to you later. Then come back a month later for another short trip.

 

 

 

I stand by what I said - stating false dates of visit at CBP is lying, and misrepresenting your intentions.  

[Redro 4,611]

47 minutes ago, *Snowdrop* said:

 Planning a 2 week trip, booking a return ticket for two weeks later is not misrepresenting. Obviously if the border agent says "are you planning to change your return date for a longer stay while you are here" you should not lie. But every time I flew under the visa waiver program I had a return ticket and planned to return but also knew I had the option to change if I felt like it later.

 

Answer questions truthfully but you don't have to tell them every thought which passes through your head.

 

When I was waiting for my spousal visa I flew over from the UK about 6 times in 12 months. Sometimes for a weekend, sometimes for a week. Sometimes for 2 weeks. I changed my return date once in those six trips because I felt like staying longer. 

 

And if they do query the date then just keep to the two week trip - you still get to see  each other. If they stamp you in with a 90 day visa waiver or six month B2 stay then you have options open to you later. Then come back a month later for another short trip.

 

 

 

Did you ever change your stay to longer than 2 weeks?

Did you ever get pulled into secondary on one of those trips because CBP doubted your intentions?

I totally understand that you were fine with your multiple trips but OP has already been questioned and he stayed a full 6 months. 

Your situation and his are not at all the same. 

[*Snowdrop* 604]

15 hours ago, Kor2USA said:

Did you ever change your stay to longer than 2 weeks?

Did you ever get pulled into secondary on one of those trips because CBP doubted your intentions?

I totally understand that you were fine with your multiple trips but OP has already been questioned and he stayed a full 6 months. 

Your situation and his are not at all the same. 

 

I changed my flight dates many times - and no, I was never called into secondary. At this point I had a pattern of many short trips - 7-8 times a year for over three years back and forth between the UK and the US. Also, I had a fairly impressive job at the time which used to ease the path as it was usually the only other question I was asked. I realise that was a privilege others may not have.

 

HOWEVER my point still stands for the OP - I recommend you plan for and book an initial 2-week trip - a genuine two week trip with the return ticket and luggage appropriate to such a vacation. It will be a good test to see how they respond to you after your past travel history. You will be able to answer completely honestly that you are there for just two weeks.