About the visiting while k-1 is pending

[Fandango 1,439]

What's that stand for, Mags? :P

seriously though, I'll keep my eyes on here to see how E wants us to help. As I said before, I'm down to edit if need be.

Stop The "Orrible Posting.

You can't use the word in your definition....

So you need to find another S

[Captain Ewok 1,891]

Busy week here so sorry again for the delay. If you want simply post any grammer corrections or suggested additions in this thread. I will check back this weekend and add them to the section . This is probably the easiest way and if we get any contradictions or duplications we will work them as needed . Thanks for the help everyone!

[Krikit 1,164]

Busy week here so sorry again for the delay. If you want simply post any grammer corrections or suggested additions in this thread. I will check back this weekend and add them to the section . This is probably the easiest way and if we get any contradictions or duplications we will work them as needed . Thanks for the help everyone!

Okey dokey, Cap'n.

Lisa, I am working on the first section. Hope to have it completed later today.

[Krikit 1,164]

I haven't been able to complete the full document but this is what I have so far. I'll be back online later today, and then again on Sunday. I have corrected errors, removed extraneous text, and condensed wording to include only relevant information. Bear in mind that I have only worked on the first section of the document... lots of work still to do. Please feel free to comment or provide amendments. I do not claim to know everything.

Can the Foreign Fiancé(e) Come to the U.S. For a Visit During The K-1 Fiancé(e) Visa Process?

It is normal to worry about the visa approval. People worry about the medical exam, about the paperwork, about the interview, about getting the police report, and generally worry about everything. I would conclude that it is normal to worry about this! It also makes this a very stressful time for all concerned. Many fiances, especially those from visa waiver countries, would like to come to the US for a visit during this time.

A lot of people want to know, can the foreign fiance VISIT the US fiance in the US during this process?

Yes, the foreign fiancé(e) can visit but there are no guarantees that he/she will gain entry.

It is not illegal for the foreign fiancé(e) to enter the United States during the K-1 process. However, the burden of proof is on the visitor to show that they do not intend to remain illegally. US Customs and Border Protection (CBP) presumes that every alien entering the United States is an intended immigrant, unless proven otherwise. Therefore, it is vital that the visitor bring along valid proof-of-ties to their home country.

Recommended documents to show intent to return to home country include (but are not limited to):

• Return ticket.
• Copy of lease/rental agreement or mortgage payments for housing.
• Letter of employment indicating expected date of return.
• If you are leaving a child behind in the care of someone, a letter from that person stating when you are expected to return.
• Copy of the K-1 application and NOA(s).

[Captain Ewok 1,891]

Any other suggestions? I will incorp everything once reviewed .

[Fandango 1,439]

Ooops..sorry I haven't spel lchecked like I promised.

Here's my suggestions in red.

If you are the Fiance(e) Visa beneficiary if you elect to try an entry to the during the K-1 process:

Know from the moment you leave that you may or may not gain entry depending on many factors

that you can not control -- again please consider having the US Citizen travel abroad instead.

If you elect to visit anyhow, what you need is Substantial evidence of your intent to return to the foreign country.

Evidence you should bring with you can possibly include: a copy of letter from employer stating when you are expected to

return, copy of apartment lease agreement, copy of bank account, and anything else that you can get your

hands on. If you are leaving a child behind in the care of someone else, a letter from that someone stating

when you are expected to return. Do not expect the POE officer to take you at your word. You will need real tangible proof.

Bear in mind, again, the immigration officer will have the last say on this. You could be spending money on

the plane fare for nothing if they put you on the next plane back to your country. It is critical that you answer truthfully to all

questions asked of you. If they ask if you have a fiance(e) visa petition filed for you and ask you if this is true, say "yes" and then go

on to present your evidence documenting that you plan to return home and that you would not do anything to jeopardize your K-1 visa process, especially staying in the US.

Here is a set of recommendations if you come to the US to visit your fiance(e). There is

no reason to be afraid, but remember that the burden of proof is on you to prove your intentions to return home:

1. Answer all questions that you are asked honestly and directly to the point.

2. Repeat of rule #1; Be honest and do not lie. Be direct and answer all questions asked.

3. Bring along AMPLE proof of your intent to return to your home country. Keep it in your carry on bags and if asked for proof, provide it to the POE officer.

4. Again, Always tell the truth to any consular, port of entry, or USCIS officer. If they ask for more details, answer them as they ask them.

They don't want your life story so don't waist your time. Always answer a "yes or no" question with yes or no.

5. Wait for them to ask the purpose of the trip. If asked, be honest and reply with your intentions to visit any friends and/or your girlfriend/boyfriend

that you are engaged to.

6. Remember to bring sufficient clothes and money for the visit. Let them know how long you will be staying Your evidence you provide will also show

things like when you will return to work/school/etc back home.

7. Relax!

8. Remember: there are no guarantees: you may or may not be allowed to enter the U.S.

9. You WILL be financially responsible for the return flight home should you be refused.

What about the fiance(e) that does not come from a visa waiver country and does not have a visitor visa?

Can this foreign fiance(e) get a visitor visa AFTER the K-1 petition has been filed?

It would be impossible to get a visitor visa, after a petition is filed. If you examine the visitor visa application

form, you will notice that it asks whether you have a fiance(e) in the US. In answering this question, you must

say "yes". This precludes getting a visitor's visa due to the fact that immigrant intent was clearly

demonstrated. The State Department requires that you PROVE to the satisfaction of the consulate that you

do NOT have immigrant intent, in order to get a visitor's visa.

What about a fiance(e) that already has a visitor's visa, can this foreign fiance(e) visit the US during the K-1

process?

Possibly, but like someone on the Visa Waiver Program, be aware of the risks (being turned away back home). If the

immigration officer at the POE asks about the pending petition, the foreign fiance(e)may be turned back, just as the visa waiver foreign fiance(e) can be turned back at the port of entry. In some cases, once the petition has been

approved, the visitor visa will be canceled by the POE officer if the K-1 beneficiary shows up for entry.

There are certainly no guarantees that one would be allowed to enter the US, once one has a declared intent to immigrate via a K-1 visa, and especially if the petition has already been approved or logged into the USCIS system. The Port of

Entry officer will see evidence in the computer that the petition has been filed and base decisions using that evidence

and anything you can provide him/her.

[Caladan 19]

Just a suggestion:

It seems that many, if not a majority, of people who have been successful with visits are people who keep the visit relatively short. It's a lot easier to believe that someone has two weeks of vacation and needs to return rather than three months of vacation. I'd be interested to see if other people's sense of this matches my own.. do people who get turned around generally have plans to stay for a couple of months? Do they have a history of long visits?

And might it be good advice for the guide to suggest that a visit with a short, definable purpose might yield the person greater success?

Second suggestion/concern:

We hear of people being turned around at the POE. We hear of people bringing proof of intent to return. Do we ever hear of someone being pulled in for questioning and gaining entry solely on the basis of their proof? Mind you, it's good advice to have the proof with you anyway, even if all it does is force you to think about how you might appear to the POE dudes.

But I wonder if the focus should be more on avoiding getting pulled into secondary inspection rather than having additional evidence.

[Krikit 1,164]

Captain, I have rewritten the entire text. There are too many errors and extraneous information in the original document. Please feel free to comment or amend.

Can the foreign fiancé(e) come to the U.S. for a visit during the K-1 Fiancé(e) Visa process?

Yes, the foreign fiancé(e) can visit but there are no guarantees that he/she will gain entry.

It is not illegal for the foreign fiancé(e) to enter the United States during the K-1 process. However, the burden of proof is on the visitor to show that they do not intend to remain illegally. Tourist visitors to the U.S. are expected to have sufficient funds to support themselves while in the U.S. The U.S. Customs and Border Protection (CBP) presumes that every alien entering the United States is an intended immigrant, unless proven otherwise. Therefore, it is vital that the visitor bring along valid proof-of-ties to their home country.

What kind of documents should the visitor bring to show intent to return to their home country?

Recommended documents to show intent to return to home country include (but are not limited to):

• Return ticket.
• Copy of lease/rental agreement or mortgage payments for housing.
• Letter of employment indicating expected date of return.
• Copy of class schedule or other pertinent documents if in school.
• If arriving on an extended stay, copy of bank statement showing sufficient funds to support yourself.
• If you do not appear to have the means to support yourself while in the U.S. a letter from whomever you will be staying with stating that they will be financially responsible for you during your stay.
• If you are leaving a child behind in the care of someone, a letter from them stating when you are expected to return.
• Copy of the K-1 application and any NOA(s) received.

How should the visitor respond to questions at the Port of Entry (POE)?

At the Port of Entry (POE), the visitor will be asked some basic questions. Here are some recommendations when responding to the officer:

• Answer each question directly and honestly.
• Provide answers only to the questions which are asked. Do not offer additional information unless requested to do so by the officer.
• Answer yes/no questions with only a "yes" or a "no". Do not provide additional information unless asked.

Additional Information:

Your foreign fiancé(e) should bring only the amount of clothing they will require for the length of the visit. If they are coming for a two week visit but are bringing enough items to cover a six month visit, they will give the appearance that they do not intend to return to their home country and risk being turned back.

If your foreign fiancé(e) is refused entry to the United States, it will be up to them to cover the cost of the return airfare. For this reason, you should look into having them fly out of an airport where the U.S. POE is stationed within that airport.

The following links may prove helpful:

• VJ Thread: Yes, You Can Visit!
• Information for Canadian and Mexican Residents
• US Customs and Border Protection
• US Department of State – Travel
• US Embassy in London FAQ

Edited September 24, 2007 by Krikit

[Fandango 1,439]

K, that's awesome!

I'd add that for EU residents, if the flight is from Dublin to the US, they can clear immi at Dublin...which would minimize the costs of the return tick should they be turned away....

[Fandango 1,439]

But I wonder if the focus should be more on avoiding getting pulled into secondary inspection rather than having additional evidence.

But how can we do that?

[payxibka 10,045]

If your foreign fiancé(e) is refused entry to the United States, it will be up to them to cover the cost of the return airfare. For this reason, you should look into having them fly out of an airport where the U.S. POE is stationed within that airport.

I know what "you should look into having them fly out of an airport where the U.S. POE is stationed within that airport" means but many may not.

Since pre-clearance airports are limited to most major Canadian (about 8), Ireland (2), and one each in Bermuda, Bahamas & Aruba, I think the pre-clearance caveat should include a little more detail to further explain what you mean because there are a lot more international departure points that do not have pre-clearance option than do.

[Krikit 1,164]

Great suggestions Lisa and fwaguy! I have made an amendment in red......

Captain, I have rewritten the entire text. There are too many errors and extraneous information in the original document. Please feel free to comment or amend.

Can the foreign fiancé(e) come to the U.S. for a visit during the K-1 Fiancé(e) Visa process?

Yes, the foreign fiancé(e) can visit but there are no guarantees that he/she will gain entry.

It is not illegal for the foreign fiancé(e) to enter the United States during the K-1 process. However, the burden of proof is on the visitor to show that they do not intend to remain illegally. Tourist visitors to the U.S. are expected to have sufficient funds to support themselves while in the U.S. The U.S. Customs and Border Protection (CBP) presumes that every alien entering the United States is an intended immigrant, unless proven otherwise. Therefore, it is vital that the visitor bring along valid proof-of-ties to their home country.

What kind of documents should the visitor bring to show intent to return to their home country?

Recommended documents to show intent to return to home country include (but are not limited to):

• Return ticket.
• Copy of lease/rental agreement or mortgage payments for housing.
• Letter of employment indicating expected date of return.
• Copy of class schedule or other pertinent documents if in school.
• If arriving on an extended stay, copy of bank statement showing sufficient funds to support yourself.
• If you do not appear to have the means to support yourself while in the U.S. a letter from whomever you will be staying with stating that they will be financially responsible for you during your stay.
• If you are leaving a child behind in the care of someone, a letter from them stating when you are expected to return.
• Copy of the K-1 application and any NOA(s) received.

How should the visitor respond to questions at the Port of Entry (POE)?

At the Port of Entry (POE), the visitor will be asked some basic questions. Here are some recommendations when responding to the officer:

• Answer each question directly and honestly.
• Provide answers only to the questions which are asked. Do not offer additional information unless requested to do so by the officer.
• Answer yes/no questions with only a "yes" or a "no". Do not provide additional information unless asked.

Additional Information:

Your foreign fiancé(e) should bring only the amount of clothing they will require for the length of the visit. If they are coming for a two week visit but are bringing enough items to cover a six month visit, they will give the appearance that they do not intend to return to their home country and risk being turned back.

If your foreign fiancé(e) is refused entry to the United States, it will be up to them to cover the cost of the return airfare. For this reason, you should look into having them fly out of an airport where the U.S. POE is stationed within that airport. Pre-clearance locations are limited. Here is a list of airports where pre-clearance is available.

The following links may prove helpful:

• VJ Thread: Yes, You Can Visit!
• Information for Canadian and Mexican Residents
• US Customs and Border Protection
• US Department of State – Travel
• US Embassy in London FAQ

[Caladan 19]

But I wonder if the focus should be more on avoiding getting pulled into secondary inspection rather than having additional evidence.

But how can we do that?

If the evidence supports it, recommending planning a shorter trip than a 'three months until we go back for the interview' kind of stay.

[Krikit 1,164]

Busy week here so sorry again for the delay. If you want simply post any grammer corrections or suggested additions in this thread. I will check back this weekend and add them to the section . This is probably the easiest way and if we get any contradictions or duplications we will work them as needed . Thanks for the help everyone!

I guess all my work was in vain.

[TracyTN 237]

Nah - remember, Ewok hasn't enough time yet to get it done! (see the last few pages of the thread)