Visiting US while K3 pending

[andie&jase 0]

I know this is a question a lot of you have, and I have been desperately trying to find out the answer for myself. I've had such varied feedback which didn't really answer my question so I decided to email the US Embassy in London, here's what they said....

On 10/08/06, Andie wrote:

I have a question regarding immigration at US airports. I am currently living in Liverpool, UK, and have a K3 visa pending. Will I still be able to visit my husband in Phoenix for a period of 3 weeks whilst the K3 visa is pending? I intend to return to the UK after the visit. I have heard of people being refused entry at the Port of Entry (PoE) because they were married to a US Citizen and had a K3 Visa pending.

On 14/08/06, London, Consular wrote:

If you wish to make a temporary non-working visit to the U.S. while your application for a K-3 visa is being processed you may travel on a B-2 (holiday) visa, or visa free under the Visa Waiver Program if otherwise qualified. You should carry with you evidence that you intend to depart the U.S. at the end of your stay and return to your residence in the U.K. This is generally established by evidence of family, professional, property, employment or other ties and commitments to some country other than the United States sufficient to cause the applicant to return there at the conclusion of his/her stay. If U.S. immigration are not convinced that you are a bona fide visitor for pleasure you can be denied entry.

So my next question is, does anyone out there have any sample letters from their employers? I have my doctors letter, my mortgage statement, marriage cert, return flight itin, bank statement, council tax payments for the next few months. If they don't believe that I'm not intending to stay after all this, I don't know what will convince them! Any other suggestions for evidence?

Thanks ~ Andie

[TracyTN 237]

I would think that the letter from the employer would be pretty standard - that you are an employee and that they expect you to return to work on x date. Would probably need to be on company letterhead and signed either by your supervisor or the HR manager.

VJ is a great place but there aren't examples here for EVERYthing, so you'll have to use your best judgment instead.

[Gtsnapper 0]

I would think that the letter from the employer would be pretty standard - that you are an employee and that they expect you to return to work on x date. Would probably need to be on company letterhead and signed either by your supervisor or the HR manager.

VJ is a great place but there aren't examples here for EVERYthing, so you'll have to use your best judgment instead.

I've been over to the States about 3 times now while Im filing for the K-3 and have had no problems, even though I was at University with no job, no mortgage and no real financial commitments!

As the Guy said before, I used my best judgement, took any documents I had that showed ties to Britain, and documents from the USCIS and NVC to confirm that I was applying for immigration.

I never had to show my documents, and only the last time I went did I get a few questions from the PoE Officer, who could see that my story was genuine, and turned down my invitation to view my documents.

I heard all kinds of stories before I went, saying that once your married to an American, you'll never been allowed entry for a vacation, which is simply rubbish, if you're prepared.................I would advise you take all your documents showing ties to your country, bills, bank statements, contracts, etc, any additional ones from your employer is a bonus, and any documents you've received from your immigration application, ie: NOA1, NOA2, etc. Be ready to explain your situation to an PoE Officer, and you will be fine..........They are not as mean as they're made out to be!

Edited August 27, 2006 by Gtsnapper

[Gtsnapper 0]

Opps, I didn't mean to hit reply button again.

Edited August 27, 2006 by Gtsnapper

[girl 37 7]

I haven't had any problems either. I went to the US for a visit about 2 weeks ago and when I went through Immigration I showed the officer my three NOA forms, we chatted about IMBRA, and that was it.