Visiting the US while K-1 application is being processed

[elizaxyz 0]

Hi all,

I will be submitting the initial application for a K-1 within the next week. My fiance is planning on visiting me in New York sometime in May. Since he's English, he was able to travel to the US on a visa waiver for previous visits. Will having the visa application in the pipeline change this? Should he mention when he arrives that we are applying for a fiance visa?

Thanks.

[Saddle Bronc 124]

Travelling on VWP is still acceptable.

It would be a good idea to mention it (and also, that it requires a consular interview--OUTSIDE the US) each time he visits.

[arwensun1965 0]

I will be submitting the initial application for a K-1 within the next week. My fiance is planning on visiting me in New York sometime in May. Since he's English, he was able to travel to the US on a visa waiver for previous visits. Will having the visa application in the pipeline change this? Should he mention when he arrives that we are applying for a fiance visa?

There has been much discussion on this subject, I think the general consensus is that yes you can travel but take as much as you can by way of proving your intent to return to your home country. A letter from your employer to say you are going back to work on such and such a date, rent/morgage agreement, things in general that say you have no intention of over staying your visit.

Janice

[elizaxyz 0]

That's a relief. I would happily visit him in the UK until the visa was granted, but we've planned this visit for a while.

I'm probably fretting about nothing, but sending in the paperwork at last is making me nervous! The last thing I want to do is create a problem just as I mail the application.

[TracyTN 237]

If you're really having doubts about it, you could travel there to visit him.

[brtlmj 0]

I will be submitting the initial application for a K-1 within the next week. My fiance is planning on visiting me in New York sometime in May. Since he's English, he was able to travel to the US on a visa waiver for previous visits. Will having the visa application in the pipeline change this?

No, he still will be able to use VWP. It is considered risky, though. Not very risky, just more risky that usual

Should he mention when he arrives that we are applying for a fiance visa?

I would recommend the standard POE tactic - carry plenty of evidence that the visit is temporary, do not lie, do not volunteer any information.

Bartek

[elizaxyz 0]

"I would recommend the standard POE tactic - carry plenty of evidence that the visit is temporary, do not lie, do not volunteer any information."

That's pretty much what I was thinking. I'd prefer to visit him in the UK to be on the safe side, but his job is much more relaxed about time off than mine is.

[Saddle Bronc 124]

(OK, time for the sales pitch).

How about he visit Canada and you meet him there?

[luv2teach77 41]

elizaxyz,

I was in a similar situation to the one that your Fiance is in. I am the UKC and at the time that we applied for our K-1 it was much easier for me to travel to the US than my Fiancee travel to the UK.

I visited the US twice after we submitted our paperwork, both times receiving no more scrutiny at US immigration than on any of my previous visits.

As previously mentioned there is no reason for him to not travel but he should travel prepared to answer any and all questions that he might get asked. Although I knew I wasn't doing anything wrong, on those two occasions when I did travel I had a large envelope containing additional proof that I fully intended to leave the US at the end of my stay and had significantly binding ties to the UK still. I had a letter from the HR dept. at work stating that they knew I was on vacation and when they expected me back in work. I also took recent cellphone bills, bank statements and any immigration related documents I had at the time in the hope that if the POE officer did doubt my intentions to leave, I could use these documents to try and persuade him. As it happens I was never even asked any extra questions let alone asked for additional documentation that I planned to go home.

Your Fiancee can go ahead with his travel plans. Answer any questions honestly because there is nothing about his trip that should cause him any problems. Take any extra proof of ties that he can get his hands on but don't slam all that down on the POE officers desk unless asked for it.

Enjoy your visit.

Mark

[zyggy 9]

elizaxyz,

I was in a similar situation to the one that your Fiance is in. I am the UKC and at the time that we applied for our K-1 it was much easier for me to travel to the US than my Fiancee travel to the UK.

I visited the US twice after we submitted our paperwork, both times receiving no more scrutiny at US immigration than on any of my previous visits.

As previously mentioned there is no reason for him to not travel but he should travel prepared to answer any and all questions that he might get asked. Although I knew I wasn't doing anything wrong, on those two occasions when I did travel I had a large envelope containing additional proof that I fully intended to leave the US at the end of my stay and had significantly binding ties to the UK still. I had a letter from the HR dept. at work stating that they knew I was on vacation and when they expected me back in work. I also took recent cellphone bills, bank statements and any immigration related documents I had at the time in the hope that if the POE officer did doubt my intentions to leave, I could use these documents to try and persuade him. As it happens I was never even asked any extra questions let alone asked for additional documentation that I planned to go home.

Your Fiancee can go ahead with his travel plans. Answer any questions honestly because there is nothing about his trip that should cause him any problems. Take any extra proof of ties that he can get his hands on but don't slam all that down on the POE officers desk unless asked for it.

Enjoy your visit.

Mark

And may I suggest that if he does come to visit that he use the Pre-clearance centers at SHannon and Dublin airports.. that way if he does get denied, he'll only have an hour or so flight home instead of a lot more hours...

[luv2teach77 41]

And may I suggest that if he does come to visit that he use the Pre-clearance centers at SHannon and Dublin airports.. that way if he does get denied, he'll only have an hour or so flight home instead of a lot more hours...

While this is always a valid option, unless the OP feels that her Fiancee has had some past issues with US immigration such as overstays or previous POE 'grillings' on earlier visits which might increase his chances of problems OR he happens to live in Ireland, I would say that flying via Shannon or Dublin is an unneccersary detour for most UK VWP visitors, even once a K-1 application has been submitted.

Given the number of people who have successfully travelled from the UK during their visa process compared to those who have had any kind of problems, I would say that unless he has any previous history of problematic visits to the US, he will be fine flying directly to the US.

Obviously there are no garuntees (pending K-1 or not) that a foreign visitor will be granted entry to the US, but under these circumstances, it's my opinion that he will breeze through his chosen POE with no problems at all.

Mark

[zyggy 9]

And may I suggest that if he does come to visit that he use the Pre-clearance centers at SHannon and Dublin airports.. that way if he does get denied, he'll only have an hour or so flight home instead of a lot more hours...

While this is always a valid option, unless the OP feels that her Fiancee has had some past issues with US immigration such as overstays or previous POE 'grillings' on earlier visits which might increase his chances of problems OR he happens to live in Ireland, I would say that flying via Shannon or Dublin is an unneccersary detour for most UK VWP visitors, even once a K-1 application has been submitted.

Given the number of people who have successfully travelled from the UK during their visa process compared to those who have had any kind of problems, I would say that unless he has any previous history of problematic visits to the US, he will be fine flying directly to the US.

Obviously there are no garuntees (pending K-1 or not) that a foreign visitor will be granted entry to the US, but under these circumstances, it's my opinion that he will breeze through his chosen POE with no problems at all.

Mark

Maybe.. but I would hate to be the guy who just got denied and has to face that long 8 hour flight back home... you never know when you'll be the one who was denied..

[brtlmj 0]

Maybe.. but I would hate to be the guy who just got denied and has to face that long 8 hour flight back home... you never know when you'll be the one who was denied..

Yes... but I strongly suspect that one has better chances of being scrutinized in Dublin/Shannon than in the US. I know that the immigration officers are supposed to apply the same standards everywhere. However, they are human beings only and it must be easier to turn someone back before the flight than after.

Bartek

[Saddle Bronc 124]

Maybe.. but I would hate to be the guy who just got denied and has to face that long 8 hour flight back home... you never know when you'll be the one who was denied..

Yes... but I strongly suspect that one has better chances of being scrutinized in Dublin/Shannon than in the US. I know that the immigration officers are supposed to apply the same standards everywhere. However, they are human beings only and it must be easier to turn someone back before the flight than after.

Bartek

Actually, I've found it's oft the reverse--that the officious at PFI's are usually more lenient (having had plenty of travel through PFI's, mostly Calgary) than those at airport POE's.

[elizaxyz 0]

Your Fiancee can go ahead with his travel plans. Answer any questions honestly because there is nothing about his trip that should cause him any problems. Take any extra proof of ties that he can get his hands on but don't slam all that down on the POE officers desk unless asked for it.

Enjoy your visit.

Mark

Thanks, that exactly what I was hoping to hear! He still owns a house there, so I figure a copy of his mortgage and a letter from his boss should see him through any problems.

I seriously doubt he'd detour to Ireland; he's never had problems or overstayed a visa waiver, so I'm probably fretting over nothing.

The K-1 app went in the mail today, so I'm feeling quite cheerful now!