Can my fiance enter the US if his fiance visa is being processed?

[blspicer 0]

I am going to file the Fiance Visa forms on February 14th. My fiance, who is english and on the visa waiver program, wants to come over for a visit in March and stay for about 2 months. Will this cause problems and will they even let him into the country. I've asked two different attorneys and i've received two different answers. He will return to England probably before the visa is accepted but I didn't want them to deny him entry in March after we've payed for the plane ticket. If anyone has any idea please let me know. Thanks.

[JenT 0]

There are never any guarantees and the decision is up to the Immigration officer at the POE. He should be sure to bring proof of ties to his country to minimize the chances of him being considered an immigration risk.

We filed in April, David visited from Germany (he is British and was living in Germany) for 4 weeks in May-June and had no problems. But there have been stories of people who have had problems, so it's really up to you.....

Jen

[msu17 0]

Same situation here! Mine is coming in April. From what I've read on other posts, it is really up to the official when they go through immigration. Make sure that he has LOTS of evidence of his intent to return, ie letter from employer or similar, apartment lease, family there, bank accounts, school etc. Being from the UK, I think we have a bit of an easier time that those from other countries, and most people seem to get through just fine. However they DO NOT have to let him in, and from what I've read it can slow up the visa process. We decided to chance it, but it is a gamble.

I am going to file the Fiance Visa forms on February 14th. My fiance, who is english and on the visa waiver program, wants to come over for a visit in March and stay for about 2 months. Will this cause problems and will they even let him into the country. I've asked two different attorneys and i've received two different answers. He will return to England probably before the visa is accepted but I didn't want them to deny him entry in March after we've payed for the plane ticket. If anyone has any idea please let me know. Thanks.

[TimsDaisy 0]

While people still talk of the "special relationship" between our two countries - I'd say "what special relationship." My guy got nabbed and refused - BUT - there are extenuating circumstances.

For you:

1.) Have there been ANY problems with immigration or entry in the past? If so, probably best not to chance it.

2.) I don't think it is possible to overemphasize the importance of documentation proving that you aren't going to skip out and stay in the country. And the more of it that is financial in nature the better. Mortgages? Letter from employers?

It really is a ####### shoot. If you can establish through whatever documents possible that he will be going home again, has to go home again, and the wedding is completely separate and so far in the future . . . do it.

And he should be prepared for an interview in the dreaded little room at the airport.

Oh - and don't fly into SFO. Ever. I hear Philly is nice to people.

[blspicer 0]

He will be flying from Gatwick to Charlotte NC. He's been here twice in the past year and had no problems. Unfortunately he doesn't have much documentation. He lives with his mom and sister so he has no rent agreement. He can get a letter from his employer and bring a bank statement, but as for anything else I don't know. Any more ideas on what he could bring?

[TimsDaisy 0]

I know you don't want to put things off - but since he has no intention of overstaying - can you wait to file until he is here, that way he can come in and truthfully say he is visiting friends (notice the lack girl in that word - and don't have him say fiance), and he'll likely not have a problem at all.

It would only be a two week delay or so and would make things worlds better, most likely.

[blspicer 0]

His flight is on March 31st so it would be about 6 weeks after i file the form, that's why i wanted to go ahead and do it. This is so frustrating

[John and Anna 0]

While people still talk of the "special relationship" between our two countries - I'd say "what special relationship." My guy got nabbed and refused - BUT - there are extenuating circumstances.

For you:

1.) Have there been ANY problems with immigration or entry in the past? If so, probably best not to chance it.

2.) I don't think it is possible to overemphasize the importance of documentation proving that you aren't going to skip out and stay in the country. And the more of it that is financial in nature the better. Mortgages? Letter from employers?

It really is a ####### shoot. If you can establish through whatever documents possible that he will be going home again, has to go home again, and the wedding is completely separate and so far in the future . . . do it.

And he should be prepared for an interview in the dreaded little room at the airport.

Oh - and don't fly into SFO. Ever. I hear Philly is nice to people.

Philly is nice

But don't say I am here to see my fiancée...

I am here to visit some friends for 2 weeks we are going to go to the museums and I cant’ wait to visit …

What ever you are going to do with your friends.

I know and you know you are not going to stay but do not give any doubts

[JenT 0]

.

Philly is nice

But don't say I am here to see my fiancée...

I am here to visit some friends for 2 weeks we are going to go to the museums and I cant’ wait to visit …

What ever you are going to do with your friends.

I know and you know you are not going to stay but do not give any doubts

Never, EVER, lie to an immigration officer. You'd be sealing your fate and you'd be deserving it.

Edited February 2, 2007 by JenT

[TimsDaisy 0]

Does he have the new passport with the chip that can be scanned? Is there a way they will know if the K1 has been filed?

If it makes you feel better, I'm trying to stiffle my own worries as I'm headed to the UK next week. Before I absolutely said I was visiting friends, not a boyfriend. That wasn't a lie. Now, however, there is a fiance, so the stakes seem higher. I could just pocket the ring I suppose. Is it worth it to give the whole story? I've watched the UK series "Airport" and know their immigration control officers can be every bit the ####### ours can be.

What to do, what to do . . . .

And another thought: you know what, she may be sealing her fate if someone finds out , but no, no way in hell she'd be deserving it. They've set up a system that encourages lying - especially by people with truly innocent motives. You can say that is caused really by the other people who have lied and created this vicious circle, but c'mon. What an f-ed up system anyway. We have to prove a legitimate relationship. Yet as real as they want the marriage to be, you only get 90 days to plan the wedding - or you do it alone? That's not the result of a real relationship in the America I grew up in - it's a minimum 6 month parade of tradition and custom and process.

You have to worry about seeing someone while you're waiting for the paperwork to process? THAT encoruages stable relationships?

No way she deserves anything but to see her fiance. As do I. But I can't. Hers at least has a damn shot.

If I could get him here, I would, and I'd marry him and adjust status and sleep find at night because all the intent issues would be settled just fine. ####### - are you telling me no one else here has moments where they feel like that? Even if we never break the law, doesn't anyone agree the system is a LOAD OF SMOKING POO?

Edited February 2, 2007 by TimsDaisy

[lion_lioness 0]

i heard of someone getting a "soft" denial because in their application for tourist visa they didn't mention they were going to see fiance, and they were already engaged. he should tell the truth so it doesn't come back to haunt you.

just my two cents. oh and don't forget to use the new form if you do file the one that expires 12/31/2006 is only good thru 2/18/07. good luck

[blspicer 0]

He got his passport in 2005 i think so its not very new. So the only way they would know is if they looked him up i assume. We're not exchanging any rings until we get married so there's not gonna be any jewelry with him. I flew into Gatwick in september of 2006 and when they asked me why i was there i said "to see my boyfriend". He then asked me if I'd ever met my boyfriend and i said yes. He asked how long i would be staying in the UK and i said 2 weeks. He did ask how we met and i told him honestly "on an internet chat room". He just looked at me like "oh my god how sad", and let me through, haha. But it makes it so much scarier when you actually are engaged i know. I wish i could do it for him but i can't, we'll just have practice him keeping his cool, and being as truthful as possible without telling the whole truth. Good Luck TimsDaisy.

[TimsDaisy 0]

Tell as much of the truth as is relevant. Answer questions honestly. Neither obfuscate information nor volunteer unrequested details. That's what a lawyer would tell someone on the stand. Do not lie. But it isn't your job to give a reason to be refused entry.

[marcycat 0]

Tell as much of the truth as is relevant. Answer questions honestly. Neither obfuscate information nor volunteer unrequested details. That's what a lawyer would tell someone on the stand. Do not lie. But it isn't your job to give a reason to be refused entry.

I'm in much the same situation as blspicer and msu17 (except we're already married.) We think he'll probably get in, but he's got to be prepared mentally for possibly getting turned back. (And financially prepared - it's unclear to me how easy the airline would make it for someone to just hop on the next plane back.)

Here on VJ, the consensus *seems* to be: don't lie, but don't offer any "extra" info; bring stuff to show some intent to return. We're thinking of buying me a plane ticket to fly back to France with him on the date he's scheduled to return. However, we're not sure I can really go at that time, so we'll probably get a refundable/exchangeable ticket. Those cost an arm and a leg, so our idea would be to "return" it -- still checking on if there are catches with getting refunded for a plane ticket -- does anyone know about this? Also, any opinions on whether such a ticket would just look like a ruse to official at the airport?

Some folks also suggested having your SO fly out of Ireland, as he can actually clear immigration in the airport there, before leaving. That way, if he's rejected, at least he's on the right side of the Pond. (We've actually decided not to go that route, but there are some threads about that here on VJ.)

Does anyone know how friendly/easy Chicago is as a POE?

[msu17 0]

My fiance went through Chicago once and didnt have any problems. Pretty typical. We've had more problems in Detroit.

To timsdaisy, I went to the UK and said to visit boyfriend. They asked how we met (him studying here) how long I'd be there and where I'd stay. He surprised me with a trip to Prague while we were there and we got engaged on that trip. On the way back through immigration I said fiance and said we'd just gotten engaged. She asked when I was leaving and said congrats and that was it. I had more problems when I said I was visiting friends to be honest!

Tell as much of the truth as is relevant. Answer questions honestly. Neither obfuscate information nor volunteer unrequested details. That's what a lawyer would tell someone on the stand. Do not lie. But it isn't your job to give a reason to be refused entry.

I'm in much the same situation as blspicer and msu17 (except we're already married.) We think he'll probably get in, but he's got to be prepared mentally for possibly getting turned back. (And financially prepared - it's unclear to me how easy the airline would make it for someone to just hop on the next plane back.)

Here on VJ, the consensus *seems* to be: don't lie, but don't offer any "extra" info; bring stuff to show some intent to return. We're thinking of buying me a plane ticket to fly back to France with him on the date he's scheduled to return. However, we're not sure I can really go at that time, so we'll probably get a refundable/exchangeable ticket. Those cost an arm and a leg, so our idea would be to "return" it -- still checking on if there are catches with getting refunded for a plane ticket -- does anyone know about this? Also, any opinions on whether such a ticket would just look like a ruse to official at the airport?

Some folks also suggested having your SO fly out of Ireland, as he can actually clear immigration in the airport there, before leaving. That way, if he's rejected, at least he's on the right side of the Pond. (We've actually decided not to go that route, but there are some threads about that here on VJ.)

Does anyone know how friendly/easy Chicago is as a POE?