More specific questions related to my fiance visiting me in the US while k1 is pending.

[FolieADeux 2]

Hello,

 

My fiance and I filed in mid-May and understand there is a long haul ahead as far as waiting goes. I see the stickied post that he CAN potentially visit me in the US since this process is likely going to take a year or more, but I have a few concerns that I don't see mentioned in that post, or I missed it somewhere:

 

1. Since my fiance is a UK citizen and has the ESTA approved already, what are the chances that he could get denied entry into the US? Is it just up to if the officer is in a bad mood or not that day, or is there a very strong chance he won't be interrogated and sent back home because he is UK citizen and has no criminal record, etc? Basically I'm wondering if we should be very worried about this, or if we can be pretty confident he will be let in. If the chances are low and it could affect our visa application, I'd rather not take the chance.

2. I see that he should bring "proof" that he intends to go home, I'm trying to come up with examples of what that could be. He works for himself so he doesn't have a boss who can write him a letter of employment or anything like that. I saw that a return ticket isn't enough proof to the customs officer, so I don't know what else can be used as "proof". How can someone PROVE that they will be going home? Sending family photos? I'm just not sure what we can do to make sure they know he doesn't intend to overstay.

3. If he does end up getting denied entry (God forbid), what does that mean? Will that negatively affect our pending k1? Will it be flagged and result in it being rejected (my worst nightmare)?

 

Thanks so much, I hope it's ok to post this here. If I'm supposed to post somewhere else please let me know - new to this forum.

 

 

[Mike E 11,739]

10 minutes ago, FoileADeux said:

see the stickied post

I see nothing unique in your situation that has not been covered in the sticky

 

 1. The more times he goes to the well, and more he drinks each time, the more likely the well will go dry

 

2. He has weak ties to the UK

 

3. If asked to withdraw his application to enter the U.S., he should not attempt to enter for some time. If he is given an expedited removal, it is a 5 year ban. Between the two extremes, his ESTA could be canceled. Using a pre-clearance port will avoid expedited removal.

[FolieADeux 2]

41 minutes ago, Mike E said:

I see nothing unique in your situation that has not been covered in the sticky

 

 1. The more times he goes to the well, and more he drinks each time, the more likely the well will go dry

 

2. He has weak ties to the UK

 

3. If asked to withdraw his application to enter the U.S., he should not attempt to enter for some time. If he is given an expedited removal, it is a 5 year ban. Between the two extremes, his ESTA could be canceled. Using a pre-clearance port will avoid expedited removal.

seeing as the stickied post contains thousands of conversations I haven’t read every single one.

the poetic response is confusing.. I am seeking clear answers to my questions. telling me about drinking too much water doesn’t have anything to do with my fiance visiting me lol. it will be the first time he is visiting me while our visa is pending. 

what do you mean withdraw his application to enter the US? Are you saying they would ask him to withdraw his application for the K1 to visit me for a little while? Why would they even ask that, in what situation would that even come up? obviously if that’s the case then there’s no way he would cancel our application that we’ve been waiting on for months already.

[Mike E 11,739]

12 minutes ago, FoileADeux said:

seeing as the stickied post contains thousands of conversations I haven’t read every single one

You would be able to read first 1 percent or less to get the gist of it.

12 minutes ago, FoileADeux said:

will be the first time he is visiting me while our visa is pending. 

1. How many times has he visited the U.S. before? Since when? How many days total?

 

2. How many times has he visited since knowing you? Since when? How many days total?
 

15 minutes ago, FoileADeux said:

what do you mean withdraw his application to enter the US? Are you saying they would ask him to withdraw his application for the K1 to visit me for a little while?

Until he has a K-1 in hand, when he arrives at a U.S. port of entry, he is making a formal application to enter U.S. under the visa waiver program. When CBP decides he will not enter, sometimes it lets the traveler voluntarily withdraw that application.
 

 

20 minutes ago, FoileADeux said:

Why would they even ask that,

Out of kindness

20 minutes ago, FoileADeux said:

in what situation would that even come up? 

When they conclude that his intent does not match the lawful use of a visa waiver.

 

 

 

 

[BLRH 0]

Heya! I'm a UK citizen and a K1 applicant, so I'm in the same boat as your fiance. We filed in May 2022, and I've visited my fiance in the USA 3 times since then (once for a month in 2022, and then two 14-night stays this year separated by 5 months). My experience was the usual questioning (why are you here, where are you staying, how long are you staying etc) but I've never been asked to provide physical proof. On one occasion (one of the 14-night trips), the officer pointed out that I'd visited the USA a lot (I had also visited my now-fiance a few times before we got engaged), but I explained that we were waiting for a K1 visa and that my fiance and I were just trying to see each other once every couple of months - because we're forced to live apart. He warned me that the next officer might not be so understanding, but I entered again 5 months later and the officer didn't even ask me a single question! I think it's partly luck of the draw.

It's anxiety-inducing and very stressful - I hate arriving in the US, not knowing whether the officer will be in a good mood or a bad mood. The USA to UK flights are much more expensive, but if you haven't already visited, it's a much more chilled experience - straight through the e-gates and no questions asked!

Does your fiance pay monthly rent or a mortgage? I'd say that's pretty good evidence that he's gonna return to the UK. Might be worth taking a rent or mortgage agreement, just in case?

[FolieADeux 2]

24 minutes ago, BLRH said:

Heya! I'm a UK citizen and a K1 applicant, so I'm in the same boat as your fiance. We filed in May 2022, and I've visited my fiance in the USA 3 times since then (once for a month in 2022, and then two 14-night stays this year separated by 5 months). My experience was the usual questioning (why are you here, where are you staying, how long are you staying etc) but I've never been asked to provide physical proof. On one occasion (one of the 14-night trips), the officer pointed out that I'd visited the USA a lot (I had also visited my now-fiance a few times before we got engaged), but I explained that we were waiting for a K1 visa and that my fiance and I were just trying to see each other once every couple of months - because we're forced to live apart. He warned me that the next officer might not be so understanding, but I entered again 5 months later and the officer didn't even ask me a single question! I think it's partly luck of the draw.

It's anxiety-inducing and very stressful - I hate arriving in the US, not knowing whether the officer will be in a good mood or a bad mood. The USA to UK flights are much more expensive, but if you haven't already visited, it's a much more chilled experience - straight through the e-gates and no questions asked!

Does your fiance pay monthly rent or a mortgage? I'd say that's pretty good evidence that he's gonna return to the UK. Might be worth taking a rent or mortgage agreement, just in case?

thank you so so much for your response! It is very comforting and encouraging to see your experience and know that others have been through this successfully. OK, that’s very helpful and I feel a lot better now after reading your post. He has no criminal record and we have visited each other about six times in the past two years. nothing excessive, we usually wait 3 to 4 months before we go back-and-forth. I think it’s pretty reasonable but obviously I am biased 😂

OK I will tell him to bring as much as he can to show his ongoing obligations at home, it sounds like that will definitely help. I’m just really worried that he’s going to get an officer who is in a bad mood and tries to interrogate him. I can’t see why they would deny him entry but I have read a few horror stories and I just want to do as much as I can to prevent that from happening

thank you again. We are going on for months into waiting so I’m really praying that we will hear something back by January.