catswhiskers

Can anyone tell me their experiences of going to visit your fiance after you have applied for the K-1 fiance(e) visa and before you get this? I have read a lot of stuff on various websites that says strictly speaking the US immigration dept don't want you to enter the US while waiting for this visa. Will they know if you do? Will it be on the computer when you enter? I have been questioned a few times because I make a lot of trips to the US and originally said it was to see a friend and I went through the third degree when I said it was my American boyfriend! I now say I am visiting my boyfriend that is working their for a year. The last time I was through in a couple of seconds.

Anyway, I have been told I can still visit using my usual visa waiver form. Has anyone had any problems with this?

leebarton

I am planning to visit my fiancee in 15 days, and have a K-1 in progress. I emailed the US embassy in London and they replied that as long as you take proof of ties to the UK to show you are returning here (eg mortgage statements, bank statements, phone bills etc) then you shouldnt have any problems as it is perfectly acceptible to visit the USA under the VWP in these conditions.

I have been out there landing Jan 27th, Mar 28th, and now May 23rd.. the second time I got questionned a little due to the closeness of the first visit, but was through in a minute or two.. will let you know in 15 days how it goes this time when I get to see my sweetheart again =)

catswhiskers

Thanks for that. And please do let me know what happens and if they know that you have applied for a K-1 visa. Have a good trip. I am flying to Baltimore tomorrow to see my man just for the weekend.

UK Isabelle

Hello Catswhiskers,

I came back last week from visiting my fiance in the US for 10 days. This is the third time I've been within the last seven months. We also have a K1 visa application pending - 1st NOA March 11th 2003. I flew out on Good Friday and had armed myself with all sorts of documents to prove that I still had ties with the UK, i.e. a letter from my employer stating when I was expected back at work, latest bank statement, utility bills, insurance documents, proof of my mortgage etc. I didn't use any of it! Although the immigration officer seemed to be typing something into his computer, he never mentionned whether the K1 petition came up on it, and his line of (very brief) questioning certainly made no reference to that at all. All he asked was if I was coming for business or pleasure, and when I said pleasure, he asked me why, I limited myself to telling him I was visiting 'friends' (which was true, even though I was staying with my fiance...), then he asked me questions about my job (what's your job title, who do you work for, do you also travel to the US for business...), then wished me a nice holiday and sent me on my merry way!

I had been very nervous about going through immigration (because I had heard of people with K1s pending being refused entry) but this time round was a lot less painless than at Christmas time, when we hadn't actually yet decided to go down the K1 route and the immigration officer at the POE gave me quite a grilling about who I was visiting and what exactly the nature of this relationship was. At the time, I knew fairly little of the whole process and was quite incensed about the very personal nature of the questions!!! Now of course I am much more informed and forewarned.

The best advice which has been given to me is: always answer truthfully, but answer questions only with yes or no if possible, say as little as possible, do not elaborate. Do not volunteer any information that hasn't been asked for.

You are perfectly entitled to visit your fiance in the US while you have a K1 application pending. If the immigration officer finds out about the petition, all he/she wants to establish is that your ties to your home country are still so strong that you will be going back home when you say you are, and not 'overstaying your welcome'.

I hope that helps.

Best wishes.

Isabelle

catswhiskers

Thank you so much for that information - it really does help and put my mind to rest. What I find amazing is why would the Immigration Service would think that anyone that is going down the K-1 route the proper way (paying money too) would want to jeopardise their chances of getting the visa by staying in the US and not doing it the right way?

UK Isabelle

That has always puzzled me too. It seems to me that it 's the honest, law-abiding people like us who are paying the penalty for those who break the law by entering/staying in the US illegally.

leebarton

aye that has always confused me too.. if I got really questionned I would probably mention it and say hey look we paid out $110 already for an official visa, and am ready to pay all the costs at the UK end... so why would we come stay now and wreck all that KNOWING that that would prove we had intent to marry when we landed under the VWP.

It is like once the K-1 is in you have shown your hand so would have a real hard time going in under the VWP and AOS'ing anyhow, so why would you do it.

leebarton

hmmmm can anyone give me some advice about this up and coming visit to the US and POE discussions...

while I am out there I will also be helping out at some special olympics for the last two days with my fiancee... could I state that if they ask my reason to visit and not even mention my fiancee unless they specifically ask.. would this be a sensible route?

I am officially registered with the organisers as a helper etc...

Lee

Sabi

catswhiskers wrote:
    >Can anyone tell me their experiences of going to visit your fiance after
    >you have applied for the K-1 fiance(e) visa and before you get this? I
    >have read a lot of stuff on various websites that says strictly speaking
    >the US immigration dept don't want you to enter the US while waiting for
    >this visa. Will they know if you do? Will it be on the computer when
    >you enter? I have been questioned a few times because I make a lot of
    >trips to the US and originally said it was to see a friend and I went
    >through the third degree when I said it was my American boyfriend! I
    >now say I am visiting my boyfriend that is working their for a year.
    >The last time I was through in a couple of seconds.
    >Anyway, I have been told I can still visit using my usual visa waiver
    >form. Has anyone had any problems with this?

Well I have just recently entered the US from Canada with an I-129f in
progress.

I guess what makes my situation a bit more unique is that on Nov. 30
2002 I was denied entry at the Windsor/Detroit Tunnel this was prior
to our application for a Visa.

George (USC) and I (CDN) have been living together for over a year
here in the States, we had no knowledge of Visa's and any possible
problems that might occur crossing back and forth.

I guess our eyes really were opened when we found this Newsgroup and
had applied for the Fiancee Visa.

After applying for the Visa I stayed in Canada I did not want to risk
the chance of being denied again (not that I wasn't thinking of
sneaking across).

Well 5 months later with rent receipts, pay stubs and whatever else I
could think of I bought a train ticket and hoped for the best.
Purchasing a train ticket in my estimation was my best choice, the
border receives a passenger manifest and if there are any problems I'm
sure that it would be handled most efficiently. I had visions of
Border Guards getting on the train and hollering for "Sabi" and
telling me to get off .

What this Newsgroup has taught me though was NEVER to volunteer info
and answer only those questions asked.

On April 21 I re-entered the US and will be here until the next
step in our application, when I need to have medical and police check
done.

Good luck to those of you wishing to enter the US, remember to answer
only those questions asked and to have a barrage of proof to your
home.

Sabi

1st NOA Dec 11/02
2nd NOA May 07/03 NSC

robclews

I flew into BWI 6 times in one year, one of those times while the application for the I-129f was with Vermont. I had only one occasion when i was questioned, and that was just the guy doing his job.

With proof of return and total honesty I really don't think that it will be an issue for you,

Rob

DCMark

I would not do that. They know you have a K-1. They are not that stupid! :-)

Bring plenty of proof I would say.

robclews

I second that, don't assume the BCIS staff at the airport will not know about the K1 application, they are not fools. Just be honest and let them know exactly what you plan to do, take lots of return evidence.

Cmccarthy

My Fiancee lives in southern Pennsylvannia. I have been down to visit
her 3 times in the last 6 weeks or so. Point of Entry is Fort Erie,
Ontario. I tell them I am going to visit my Fiancee. They have asked,
at different visits,: where I work, when I am expected back at work; how
we met, when I am returning; how much cash I am carrying. I have had
no problems. Just in case I carry the following: copy of the NOA c/w
case #, letter from my boss on company letterhead describing job and
date back to work, copies of recent pay stubbs and my shift schedule. I
have not been asked for any kind of documentation, but it makes me feel
better knowing I have it with me.

robclews wrote:
    > Originally posted by catswhiskers
    >
    >>Thanks for that. And please do let me know what happens and if they
    >>know that you have applied for a K-1 visa. Have a good trip. I am
    >>flying to Baltimore tomorrow to see my man just for the weekend.
    >
    >
    > I flew into BWI 6 times in one year, one of those times while the
    > application for the I-129f was with Vermont. I had only one occasion
    > when i was questioned, and that was just the guy doing his job.
    >
    > With proof of return and total honesty I really don't think that it will
    > be an issue for you,
    >
    > Rob
    >
    > --
    > Posted via http://britishexpats.com

meauxna

Well, there's someone currently posting to the NG who's doing just that...

Rete

There was also someone from the Scotland who had an I-130 pending and he came to the US with his wife and stayed and refiled for adjustment while here.

People get tired of being apart and let's face it, if you earn a decent salary what is $110? A nice dinner out?

Rete