Just filed - Advice on entering the US on vacation please?

[Rhiannon 0]

Hey all

We just got married in September, and the I130 was filed and received about 2 weeks ago. However, you probably all know how long NOAs and check cashing is taking at the moment. We may be several more weeks/months before anything happens.

Technically I know that I am not allowed enter the US until my petition is approved, and I enter the US on a K3 (or is this correct?). I am the non USC husband now living in Canada until approval time, but I'd like to visit my wife in North Carolina for a few days before Christmas en route to Ireland for vacation. However, will US Immigration know I have an application in progress? I assume they pull up my history when they scan my passport, but at what stage is the I130 petition added to the computer. After NOA1 or NOA2? It may be that they won't know anything about the immigration petition, considering current processing times? I am an Irish citizen, so qualify for VWP ordinarily.

Assuming they know, does anyone have experience of coming in temporarily to visit the US during the application process? I will have all flights booked to prove I am leaving after a few days. I am also in school and renting accommodation in Canada, so I could have documentation of this with me to prove Canada is final destination after the vacation. Will this be enough, or should I shelve this whole idea, and just go straight to Ireland?

I am considering using Detroit as a main airport hub, and crossing the border from Canada by road for my out and return journey [Cross border to Detroit by road; fly to Greenboro, NC; fly to Shannon, Ireland; fly Ireland to Detroit; cross the border to Canada by road]? Is it easier to pass US Immigration at an airport, or by road, considering what I am proposing? Would my return journey be made easier at Immigration if I had flights booked straight through to Canada, or will they accept a coach journey booking, along with school/accommodation proof.

Many thanks indeed...

Mike

[Reba 2]

There are literally dozens upon dozens of threads around here with information of what to do in order to visit the US while your petitions are in process. Yes, it is legal for you to visit, and Yes, they will know about your petition. YOu will need to carry with you evidence of ties to your home country (or Canada, whichever is your country of primary residence). Job letter, copy of mortgage or rental agreement, stuff like that. Anything to show that you are not intending to stay in the US illegally.

If you have no evidence of ties, then they may consider you a risk, and deny you entry.

[Kass 0]

Forum search as the above post is correct there are dozens of posts relative to this.

In our case (K1), my fiance' visited even after our NOA1. He took proof that he would be going back in the event that he was given a difficult time. However, this was not the case. He flew from London to Philly then another flight to me. He was only asked for his passport, what was the reason for his visit and how long would be staying. That was all and along he came.

I phoned customs at Philly before his visit. Told them we were in the process of a K1 would it be a problem if he came to visit and he said NO MA'M. *lol* I am from the north we do not call anyone Ma'm unless they are well into their 60's. Needless to say we had no problems.

Good Luck.

Edited October 24, 2007 by Kass

[C and J 1]

Technically I know that I am not allowed enter the US until my petition is approved, and I enter the US on a K3 (or is this correct?).

There is nothing in the visa process that says you CAN'T visit your fiance/spouse while applying for a visa. Bare in mind you only have to answer the questions you are asked at the point of entry (truthfully, of course) and do not divulge any information they do not ask for. However, should your spouse come up in the questioning, they will see you as a higher risk category because you have more of a reason to want to stay that the average tourist.

You should be prepared to prove ties to home should that come up during questioning at the PoE. Ties to home can be (but not limited to): proof of owning a home, letter from employer stating the date you are returning to work after your visit and that you are in on-going permanent employment, return ticket etc etc

The burden of proof is on YOU to prove to THEM that you have no intentions of staying.