Sean

I have created several threads here in search for the answers for my
situation... and I have received a ton of excellent advice... so first
of all thanks. I am still trying to figure out all my different
options... so I have a new question....

If my fiance (the US Citizen) files the I-129F and K-1 on my behalf,
will INS allow me to maintain my current routine of visiting her on
the weekends? I have employment and a lease and simply want to be
able to visit my fiance who is pregnant while we wait for the I-129F
to be cleared. Or will they stop me from entering. It doesn't make
much sense that they would, as I am going about it the official route,
and simply want to visit, if I stayed in the country on that visit,
then I am sure they would deport me at the end of the whole process...
as this is also why I won't simply go there to get married, as the
chances for deportation are too high... but I simply would like to
maintain my current routine of crossing the border on most weekends to
visit her until the 5-6 months are up for the processing of the visa.
In everyone's experience, will INS allow me to cross after it is
filed?!

Thanks... Sean

katnap8

hi, here is my cut and paste again from the US Embassy in London

Can I travel to the United States while my application for an immigrant or fiancé(e) visa is being processed?


If you intend taking up permanent residence in the U.S., you are required to wait until the immigrant or fiancé(e) visa is issued. You cannot reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while waiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make a temporary visit at the end of which you will return to your permanent residence outside the United States, you may travel on a tourist (B-2) visa, or visa free under the Visa Waiver Program, if qualified.

If applying for a B-2 visa, you are required to furnish evidence of your residence outside the United States to which you intend returning at the end of your temporary stay. Although a pending immigrant or fiancé(e) visa application is not necessarily conclusive evidence of intent to abandon a U.K. residence, it is a factor considered by consular officers reviewing a visa application. If you are unable to convince the consular officer reviewing the application that you do not intend abandoning your residence, you will not be issued a visa.

When traveling to the U.S. either with a visa or visa free under the Visa Waiver Program, you should be sure to carry with you for presentation to U.S. immigration evidence of your residence outside the U.S. If the immigration inspector is not convinced that you are a bona fide visitor for pleasure, you will be denied entry into the United States.



Hope this helps I'm trying the same thing, but my fiance is coming form the UK in December. We're taking a chance and hoping for the best... Good luck !!!

coryprice

I talked to a very helpful immigration officer in Montana about this very issue. He said that you can not cross the border as a visitor if you have a pending application for any sort of visa.

He said customs at the POE may allow you through, but only for a few days to a week at most, and they would expect you to check in with them when leaving...almost like signing out as you leave. If you did not do this, they would consider you having not left the country, and now being an illegal alien inside the U.S. and this would be grounds for denial for your visa, and perhaps permanent grounds for never allowing you to enter the U.S. again.

You said that you wanted to maintain your weekend visits, so you may find that the people at the border decide that it falls into the category of a few days and allow you to go through, but you may find them saying no. The immigration officer said that their concern is that you have a visa pending, and they won't let you cross if they don't think you will leave at all.

Hope that helps.

Cory

Myrddin

I'm assuming that as you visit that often, that you're in Canada or Mexico.

Would it not be simpler to get your fiance to visit you instead while the paperwork is in progress?

If not, it would be advisable to take as much documentation as possible to prove your intent to return to your country of residence. It's pretty much up to the individual INS officer whether you are let through or not.

The only potential fly in the ointment is that if refused entry at any point, you'd then have to declare that on the visa forms, which might cause problems or delays in processing.

Vox

well, as far as i understand the topic: you wouldn't do anything illegal
visiting your fiancee while the petition is pending. you would have to
assure the INS officer at the border that you are just visiting and not
trying to stay in the US. so, having a job and just visiting for the weekend
might work, the more often you do this (and it works), the easier it should
be, if you take record of all these activities and therefore are able to
proof your visiting intent.
good luck!

"Sean" wrote in message
news:78c29a9f.0210260610.-
[email protected]...
    > I have created several threads here in search for the answers for my
    > situation... and I have received a ton of excellent advice... so first
    > of all thanks. I am still trying to figure out all my different
    > options... so I have a new question....
    > If my fiance (the US Citizen) files the I-129F and K-1 on my behalf,
    > will INS allow me to maintain my current routine of visiting her on
    > the weekends? I have employment and a lease and simply want to be
    > able to visit my fiance who is pregnant while we wait for the I-129F
    > to be cleared. Or will they stop me from entering. It doesn't make
    > much sense that they would, as I am going about it the official route,
    > and simply want to visit, if I stayed in the country on that visit,
    > then I am sure they would deport me at the end of the whole process...
    > as this is also why I won't simply go there to get married, as the
    > chances for deportation are too high... but I simply would like to
    > maintain my current routine of crossing the border on most weekends to
    > visit her until the 5-6 months are up for the processing of the visa.
    > In everyone's experience, will INS allow me to cross after it is
    > filed?!
    > Thanks... Sean

Sean

Great advice minus the fact that my fiance is pregnant with my child
and all the appointments and the birth of our child will be done in
the US. Not to mention because of this pregnancy I do not wish her to
be travelling out of the country to visit me in case of emergency.

Is it possible to get a letter from INS that will allow me to continue
the routine... so that I wouldn't be wondering every time I get to the
border on whether or not they are going to let me in?!




Myrddin wrote in message news:...
    > I'm assuming that as you visit that often, that you're in Canada
    > or Mexico.
    > Would it not be simpler to get your fiance to visit you instead while
    > the paperwork is in progress?
    > If not, it would be advisable to take as much documentation as possible
    > to prove your intent to return to your country of residence. It's
    > pretty much up to the individual INS officer whether you are let
    > through or not.
    > The only potential fly in the ointment is that if refused entry at any
    > point, you'd then have to declare that on the visa forms, which might
    > cause problems or delays in processing.

Myrddin

I wouldn't have thought so, as the INS are rather fond of pointing out that even having a valid visa does not guarantee a person entry into the USA.

It is up to the INS officer at the entry point whether to admit you or not, and it's unlikely to be the same one every time.

You at least wouldn't have so far to go if the officer required extra documentation. Imagine how nervous those who have been flying for 15 hours or more are at the entry point.

Sean

I understand their concern to a point... but here let's think about
this logically. My fiance files an I-129F petition so that we can get
married in the US. If we are taking this route, the official route
the INS likes you to take, then why would someone who files the proper
way to foolish enough to then enter the US after the visa is pending
and not come out?! Don't they realize that the INS would simply deny
their application in the end? And being the INS wouldn't you realize
that if someone is silly enough to enter and stay, that they will be
rejected and not granted the visa anyways?!

I just can't comprehend how if I file and go this route that they will
possibly stop me from visiting her until the process is complete...
which could be 6 months from now... am I suppose to accept the fact
that I may miss the birth of my own child?! That I can not be there
to support my fiance through this life altering experience?
Especially since I am living and working in Windsor and have been
following the same routine for months of entering for the weekend and
leaving promptly afterwards.

Sean








coryprice wrote in message news:...
    > I talked to a very helpful immigration officer in Montana about this
    > very issue. He said that you can not cross the border as a visitor if
    > you have a pending application for any sort of visa.
    > He said customs at the POE may allow you through, but only for a few
    > days to a week at most, and they would expect you to check in with them
    > when leaving...almost like signing out as you leave. If you did not do
    > this, they would consider you having not left the country, and now being
    > an illegal alien inside the U.S. and this would be grounds for denial
    > for your visa, and perhaps permanent grounds for never allowing you to
    > enter the U.S. again.
    > You said that you wanted to maintain your weekend visits, so you may
    > find that the people at the border decide that it falls into the
    > category of a few days and allow you to go through, but you may find
    > them saying no. The immigration officer said that their concern is that
    > you have a visa pending, and they won't let you cross if they don't
    > think you will leave at all.
    > Hope that helps.
    > Cory
    > Originally posted by Sean
    > > I have created several threads here in search for the answers for my
    > > situation... and I have received a ton of excellent advice... so first
    > > of all thanks. I am still trying to figure out all my different
    > > options... so I have a new question....
    > >
    > > If my fiance (the US Citizen) files the I-129F and K-1 on my behalf,
    > > will INS allow me to maintain my current routine of visiting her on
    > > the weekends? I have employment and a lease and simply want to be
    > > able to visit my fiance who is pregnant while we wait for the I-129F
    > > to be cleared. Or will they stop me from entering. It doesn't make
    > > much sense that they would, as I am going about it the official route,
    > > and simply want to visit, if I stayed in the country on that visit,
    > > then I am sure they would deport me at the end of the whole process...
    > > as this is also why I won't simply go there to get married, as the
    > > chances for deportation are too high... but I simply would like to
    > > maintain my current routine of crossing the border on most weekends to
    > > visit her until the 5-6 months are up for the processing of the visa.
    > > In everyone's experience, will INS allow me to cross after it is
    > > filed?!
    > >
    > Thanks... Sean

Scarlett

Sean,

I really feel for you. This must be so hard. I know the way the INS works seems
mad at times. But sadly, I don't think it's going to change in a hurry.

My only suggestion is you take loads of documentation with you about
house-ownership/leases, continuing work where you are and any other ties you
can prove. Maybe you can also get a doctor's letter confirming your fiancé's
pregnancy and expected date of delivery to back up what you're saying. Maybe it
would help if you both provided sworn statements confirming your situation and
intentions. I don't know. I just know that if I were in your position I'd
provide as much proof as I could and then hope like hell for an understanding
officer at the POE. I'd even offer to post some kind of bond if that was
allowed. I'm not talking about a bribe - god forbid. i'm talking about the sort
of thing people do to post bail for other people. Or I'd offer to surrender my
passport till I returned to the POE. Maybe they aren't allowed to let you do
that. But the offer would show you were serious.

I totally understand why you want to try. I'm glad you don't live too far away
so it's easier than it could otherwise be. I wish you all the luck in the
world.

But please, even if you hear your fiancé is in labour and you're scared you
might not get through, however desperate it seems, DO NOT LIE at the POE. I can
imagine a situation where it might just seem the only thing to do. If it ever
gets that bad PLEASE REMEMBER a bad move could land you in a mess for a very
long time and however hard it seems, however unfair, you'll be doing your
fiancé and yourself and your coming child a great disservice.

I'm not suggesting you're considering doing anything wrong. As you say, you're
doing everything the legal way right now. I'm just wondering how you would feel
if you had reason to believe you wouldn't get through and your fiancé was in
labour and calling for you. It would be desperate. And that's the time you need
to remember what's at stake.

It's not fair, it doesn't seem morally right to me, but you have to go with the
system if you want to be sure of being together in the US eventually.

I wish you all the luck in the world. One day this will all seem like a bad
dream. Hang on in there.

regards
-=-
scarlett

Kristin

Sean - My fiance visited me 30-40 times during the processing of the K-1.
Were lucky enough to live in the US/Canada, lived close enough to visit
each other often. Bring plenty of proof of your intent to return, i.e.
lease on your apartment or your mortgage info, a letter from your
employer, etc. He also carried a copy of the first NOA, and later the
I-797 approval from Nebraska, just in case.

However, my fiance never once had to produce this info, probably because
he was always visiting for a few days at a time, and said so. He also
never carried more luggage than he would need for his visit, i.e. one or
two suitcases, max, no household goods, etc. Be honest with the border
agent, answer the questions they ask and never volunteer anything, and you
should be fine. Kristin

Sean wrote:

    > I have created several threads here in search for the answers for my
    > situation... and I have received a ton of excellent advice... so first
    > of all thanks. I am still trying to figure out all my different
    > options... so I have a new question....
    > If my fiance (the US Citizen) files the I-129F and K-1 on my behalf,
    > will INS allow me to maintain my current routine of visiting her on
    > the weekends? I have employment and a lease and simply want to be
    > able to visit my fiance who is pregnant while we wait for the I-129F
    > to be cleared. Or will they stop me from entering. It doesn't make
    > much sense that they would, as I am going about it the official route,
    > and simply want to visit, if I stayed in the country on that visit,
    > then I am sure they would deport me at the end of the whole process...
    > as this is also why I won't simply go there to get married, as the
    > chances for deportation are too high... but I simply would like to
    > maintain my current routine of crossing the border on most weekends to
    > visit her until the 5-6 months are up for the processing of the visa.
    > In everyone's experience, will INS allow me to cross after it is
    > filed?!
    > Thanks... Sean

Margaret

What I find weird about even presenting all this documentation is that
anyone could still high tail it over the border despite having a job
back in their own country, a lease on their home, etc., and not
return. I'm sure it's been done before. Doesn't INS think about
this? Possibly those that were denied despite the documents, that was
the way of thinking by the immigration officer.


Myrddin wrote in message news:...
    > I'm assuming that as you visit that often, that you're in Canada
    > or Mexico.
    > Would it not be simpler to get your fiance to visit you instead while
    > the paperwork is in progress?
    > If not, it would be advisable to take as much documentation as possible
    > to prove your intent to return to your country of residence. It's
    > pretty much up to the individual INS officer whether you are let
    > through or not.
    > The only potential fly in the ointment is that if refused entry at any
    > point, you'd then have to declare that on the visa forms, which might
    > cause problems or delays in processing.

hmiller

There is so much information out there on this topic. In most cases, I've read that the foreign fiance' has been accepted into the US without many questions or having to provide any documentation. Of course there are still those that have been denied at the POE but the denials appear to be few.

My foreign fiance' will be flying into the US on November 10th for a 3 week stay. I'm fairly nervous about this, but as he's traveled back and forth so many times he doesn't foresee a problem. Still we will be prepared with lots of documentation indicating he will be returning to his home country at the end of the 3 weeks.

I'll write an update once he gets here and let everyone know what kinds of questions he was asked, etc.

Wish us Luck!

keatslamia

My fiance was nearly kicked out on his ear, and that was BEFORE we filed the 129F! Why? because he was on his fourth visit on the VWP, and he 'appeared' nervous. he was, of course, as he had no idea there was a silent 'magic number' of visits on the VWP that can lead to more than the usual questions. and the questions that they asked were a result of what they found in his wallet; for instance, a receipt from 1999 with the name of a city in the US on it... of course there is a city in the UK with the same name and a bit of closer inspection would have alerted them to the 'pounds' rather than 'dollar' signs! So immediately the questions were made in a suspicious nature, such as 'you're living here aren't you' and blah blah blah and they came out and questioned me too. While they were telling me they were going to arrest HIM if i didn't tell the truth, they were telling him they were going to arrest ME if HE didn't tell the truth! obviously neither of us budged from our position..he was truly here for a two week visit. i don't know if it was my daughter crying hysterically or what, but they let him through. i don't wish that on anyone though, it was awful, and it really put a damper on the visit. if you're going to risk it (which i absolutely will not.. if we can't wait to see each other, i go THERE) please be sure you have more than enough documentation to prove your intent to return home! and DON"T appear nervous!!!

hmiller

Thanks for your input keatslamia. Sorry you and your fiance' had such a hassle.

If this trip wasn't so important, we might not even take the chance. But the fact is, that it is very important that he is the one coming here. We already have to miss spending Christmas together, and with the upcoming wedding we can't afford to buy tickets to see him for both my daughter and myself. He will be bringing ample documentation proving he will be returning to his home country as well as travel itenerary, tickets and visa for an upcoming trip to Australia to visit family for Christmas.

Anyone else who can offer their experiences on what kinds of documents they ask for would be greatly appreciated.

June

Hi, what is considered "evidence of your residence outside the United
States"? Is the passport sufficient? I am planning to travel under VWP to
the states...

best regards,
june

"katnap8" wrote in message
news:[email protected]...
    > hi, here is my cut and paste again from the US Embassy in London
    > Can I travel to the United States while my application for an immigrant
    > or fiancé(e) visa is being processed?
    > If you intend taking up permanent residence in the U.S., you are
    > required to wait until the immigrant or fiancé(e) visa is issued. You
    > cannot reside in the U.S. on a tourist visa or visa free under the Visa
    > Waiver Program while waiting the issuance of an immigrant or fiancé(e)
    > visa. However, if you wish to make a temporary visit at the end of which
    > you will return to your permanent residence outside the United States,
    > you may travel on a tourist (B-2) visa, or visa free under the Visa
    > Waiver Program, if qualified.
    > If applying for a B-2 visa, you are required to furnish evidence of your
    > residence outside the United States to which you intend returning at the
    > end of your temporary stay. Although a pending immigrant or fiancé(e)
    > visa application is not necessarily conclusive evidence of intent to
    > abandon a U.K. residence, it is a factor considered by consular officers
    > reviewing a visa application. If you are unable to convince the consular
    > officer reviewing the application that you do not intend abandoning your
    > residence, you will not be issued a visa.
    > When traveling to the U.S. either with a visa or visa free under the
    > Visa Waiver Program, you should be sure to carry with you for
    > presentation to U.S. immigration evidence of your residence outside
    > the U.S. If the immigration inspector is not convinced that you are a
    > bona fide visitor for pleasure, you will be denied entry into the
    > United States.
    > Hope this helps I'm trying the same thing, but my fiance is coming
    > form the UK in December. We're taking a chance and hoping for the
    > best... Good luck !!!
    > --
    > Posted via http://britishexpats.com