Visiting on K-1

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Old Aug 13th 2002, 6:56 pm
  #1  
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Default Visiting on K-1

Hi everyone,

I have a couple of questions that I hope to get some feedback on as I know many people on here have experienced them before.

1) My fiancee and I are filing K-1 at the end of August with Texas. I really want to go out to visit her in NC from england in November/December time. By this time I think our I-129F will have been approved (fingers crossed!) I was wondering whether to risk going on visa waiver or to apply for a B-2 visitor visa for 2 weeks to explain that I want to be there to help planning for the wedding etc. We already have a date next May and venue booked etc. I have a job and could get a letter from my employer, no lease as I live with parents, have bank account etc. Surely having a I-129F approved shows you are willing to go the legal way and not risk jepordising that and staying in the US? Any Advise????

2) Police certificate: I have spoken to a data protection officer in the police and what fiances need is a SUBJECT ACCESS form and can be obtained at ANY time - (data protection act) so no need to wait for the I-129F approval. Just a note to help get a head start!
I have heard a rumour that if you are trying to visit whilst waiting for K-1 you shouldn't visit the US after you have obtained your police certificate - as it invalidates it - anyone know what this is about??????

THanks for all the help - I will try and repay others in the future!

Pete
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Old Aug 15th 2002, 10:45 pm
  #2  
Dan2tx
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Default Re: Visiting on K-1

hi pete,
1) same question i had: but everyone i was talking to (embassy in germany, INS,...)
was saying "i can do it but, just on your own risk". nobody can really tell if the
INS officer will grant access at the POE. for me personally, i rather stay at home
until i will leave for good. after i had my interview in frankfurt, germany two
weeks ago, i asked them if i can travel to the U.S. on whatever visa and not use
the soon to be issued K1 - they offered to write a note that i will show to the
INS officer that i will get the K1 issued when i get back home. but even with
this, they said: "own risk, no guarantee". dan




"PeteJ" <[email protected]> schrieb im Newsbeitrag news:[email protected]...
    > Hi everyone,
    > I have a couple of questions that I hope to get some feedback on as I know many
    > people on here have experienced them before.
    > 1) My fiancee and I are filing K-1 at the end of August with Texas. I really want
    > to go out to visit her in NC from england in November/December time. By this
    > time I think our I-129F will have been approved (fingers crossed!) I was
    > wondering whether to risk going on visa waiver or to apply for a B-2 visitor
    > visa for 2 weeks to explain that I want to be there to help planning for the
    > wedding etc. We already have a date next May and venue booked etc. I have a job
    > and could get a letter from my employer, no lease as I live with parents, have
    > bank account etc. Surely having a I-129F approved shows you are willing to go
    > the legal way and not risk jepordising that and staying in the US? Any
    > Advise????
    > 2) Police certificate: I have spoken to a data protection officer in the police and
    > what fiances need is a SUBJECT ACCESS form and can be obtained at ANY time -
    > (data protection act) so no need to wait for the I-129F approval. Just a note to
    > help get a head start! I have heard a rumour that if you are trying to visit
    > whilst waiting for K-1 you shouldn't visit the US after you have obtained your
    > police certificate - as it invalidates it - anyone know what this is about??????
    > THanks for all the help - I will try and repay others in the future!
    > Pete
    > --
    > Posted via http://britishexpats.com
 
Old Aug 16th 2002, 8:13 am
  #3  
Mrtravel
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Posts: n/a
Default Re: Visiting on K-1

When my wife got her CR visa, they invalidated her B1 visa (withut prejudice), so I
am confused about the ability to have 2 different visas at the same time.
 
Old Aug 16th 2002, 4:55 pm
  #4  
Margaret
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Default Re: Visiting on K-1

PeteJ <[email protected]> wrote in message
news:<[email protected]>...
    > Hi everyone,
    > I have a couple of questions that I hope to get some feedback on as I know many
    > people on here have experienced them before.
    > 1) My fiancee and I are filing K-1 at the end of August with Texas. I really want
    > to go out to visit her in NC from england in November/December time. By this
    > time I think our I-129F will have been approved (fingers crossed!) I was
    > wondering whether to risk going on visa waiver or to apply for a B-2 visitor
    > visa for 2 weeks to explain that I want to be there to help planning for the
    > wedding etc. We already have a date next May and venue booked etc. I have a job
    > and could get a letter from my employer, no lease as I live with parents, have
    > bank account etc. Surely having a I-129F approved shows you are willing to go
    > the legal way and not risk jepordising that and staying in the US? Any
    > Advise????
    > 2) Police certificate: I have spoken to a data protection officer in the police and
    > what fiances need is a SUBJECT ACCESS form and can be obtained at ANY time -
    > (data protection act) so no need to wait for the I-129F approval. Just a note to
    > help get a head start! I have heard a rumour that if you are trying to visit
    > whilst waiting for K-1 you shouldn't visit the US after you have obtained your
    > police certificate - as it invalidates it - anyone know what this is about??????

My experience from visiting on a K-1

I have read also that while it is not illegal to enter the U.S. while a Visa is in
process you do take your chance. It is at the discretion of the immigration/customs
officer if she/he wants to let you proceed.

My Visa was in process when I went to see my fiance back in mid April of this year.
I flew out of Toronto. I was a little nervous approaching customs. I even brought a
letter from my employer stating my expected date of return to work (just in case).
The officer was very nice. He simply asked me my citizenship, purpose of my trip
(told him I was visiting a friend), how long I was going for (one week) and if I was
planning on conducting any business (no). He then wished me a pleasant trip and sent
me on my way.

My previous trip was back in November 2001 with my son. Our petition had not been
sent in at that point. The immigration officer asked me why I was coming to the U.S.
and not thinking I told her I was visiting my fiance. She asked me how long I had
known him for (at that point 6 months). She was more concerned that my son's father
knew where he was however I had produced a letter from him giving his permission for
my son to visit in the U.S. We were then sent on our way.

A friend of mine who is engaged and now living in the U.S. had made trips back and
forth from Canada to the U.S. At one point she was asked a million questions about
the K1 from the immigration officer and then was allowed through.

I've heard both sides where some people have been allowed to proceed and others not.
If you are bold enough, you just take your chance.

Thought I would just share my experiences with you. Good luck!!!

Margaret
    > THanks for all the help - I will try and repay others in the future!
    > Pete
 
Old Aug 16th 2002, 5:52 pm
  #5  
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Posts: 74
Jay S is an unknown quantity at this point
Default Re: Visiting on K-1

I myself just applied for a K-1 to the Texas Service Center in late July. I also want to visit my fiancee for Labour Day weekend. My lawyer advised not to say I am visiting my fiancee unless they really press. She said when I get to customs to be vague....say I am just going to visit friends. (I live in Canada, I'm not sure how visitation rights differ from UK)

The current processing time for I-129F at TSC is around 30 days. (http://www.immigration.com/processing-times/tx.html, http://www.usvisanews.com/pro-texas.html, http://www.sackskolken.com/visas/TSCtimes.html) My lawyer says 6 - 9 mos. You also have 90 days after you enter on the K-1 to get married. ie. If you plan to get married in May, the earliest you could enter on the K-1 is Feb or March (depending on your wedding date).


Originally posted by PeteJ:
Hi everyone,

I have a couple of questions that I hope to get some feedback on as I know many people on here have experienced them before.

1) My fiancee and I are filing K-1 at the end of August with Texas. I really want to go out to visit her in NC from england in November/December time. By this time I think our I-129F will have been approved (fingers crossed!) I was wondering whether to risk going on visa waiver or to apply for a B-2 visitor visa for 2 weeks to explain that I want to be there to help planning for the wedding etc. We already have a date next May and venue booked etc. I have a job and could get a letter from my employer, no lease as I live with parents, have bank account etc. Surely having a I-129F approved shows you are willing to go the legal way and not risk jepordising that and staying in the US? Any Advise????

2) Police certificate: I have spoken to a data protection officer in the police and what fiances need is a SUBJECT ACCESS form and can be obtained at ANY time - (data protection act) so no need to wait for the I-129F approval. Just a note to help get a head start!
I have heard a rumour that if you are trying to visit whilst waiting for K-1 you shouldn't visit the US after you have obtained your police certificate - as it invalidates it - anyone know what this is about??????

THanks for all the help - I will try and repay others in the future!

Pete
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Old Aug 16th 2002, 8:23 pm
  #6  
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Joined: Aug 2002
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Default Re: Visiting on K-1

I myself just applied for a K-1 to the Texas Service Center in late July. I also want to visit my fiancee for Labour Day weekend. My lawyer advised not to say I am visiting my fiancee unless they really press. She said when I get to customs to be vague....say I am just going to visit friends. (I live in Canada, I'm not sure how visitation rights differ from UK)

The current processing time for I-129F at TSC is around 30 days. (http://www.immigration.com/processing-times/tx.html, http://www.usvisanews.com/pro-texas.html, http://www.sackskolken.com/visas/TSCtimes.html) My lawyer says 6 - 9 mos. You also have 90 days after you enter on the K-1 to get married. ie. If you plan to get married in May, the earliest you could enter on the K-1 is Feb or March (depending on your wedding date).


Originally posted by PeteJ:
Hi everyone,

I have a couple of questions that I hope to get some feedback on as I know many people on here have experienced them before.

1) My fiancee and I are filing K-1 at the end of August with Texas. I really want to go out to visit her in NC from england in November/December time. By this time I think our I-129F will have been approved (fingers crossed!) I was wondering whether to risk going on visa waiver or to apply for a B-2 visitor visa for 2 weeks to explain that I want to be there to help planning for the wedding etc. We already have a date next May and venue booked etc. I have a job and could get a letter from my employer, no lease as I live with parents, have bank account etc. Surely having a I-129F approved shows you are willing to go the legal way and not risk jepordising that and staying in the US? Any Advise????

2) Police certificate: I have spoken to a data protection officer in the police and what fiances need is a SUBJECT ACCESS form and can be obtained at ANY time - (data protection act) so no need to wait for the I-129F approval. Just a note to help get a head start!
I have heard a rumour that if you are trying to visit whilst waiting for K-1 you shouldn't visit the US after you have obtained your police certificate - as it invalidates it - anyone know what this is about??????

THanks for all the help - I will try and repay others in the future!

Pete
Jay S is offline  
Old Aug 16th 2002, 8:27 pm
  #7  
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Default Re: Visiting on K-1

Hello.... I am in the UK, my fiancee is a USC. We are awaiting approval of our I-129F. I spoke to the US consulate here last week because my fiancee is about to have an operation and I very much want to be there with her.

I wanted to know if there was any possible way under the circumstances to get some sort of pre entry clearence. They said no.... they said that they always tell people NOT to visit while waiting for their K1. In my case the lady said that she could understand my position and therefore would only 'advise' me not to go.

I know that we can be turned back by the POE officer, but the worst part is that your record then shoes that you have been 'refused entry into the US'... and yes all of these K1 forms etc. do ask if you have been refused entry... there is the BIG risk in going to visit.... That sure can't help your cause or speed the visa process along for sure.

I am not going to risk it.... it is everyone's personal choice though.

grajan



Originally posted by Jay S:
I myself just applied for a K-1 to the Texas Service Center in late July. I also want to visit my fiancee for Labour Day weekend. My lawyer advised not to say I am visiting my fiancee unless they really press. She said when I get to customs to be vague....say I am just going to visit friends. (I live in Canada, I'm not sure how visitation rights differ from UK)

The current processing time for I-129F at TSC is around 30 days. (http://www.immigration.com/processing-times/tx.html, http://www.usvisanews.com/pro-texas.html, http://www.sackskolken.com/visas/TSCtimes.html) My lawyer says 6 - 9 mos. You also have 90 days after you enter on the K-1 to get married. ie. If you plan to get married in May, the earliest you could enter on the K-1 is Feb or March (depending on your wedding date).

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Old Aug 16th 2002, 11:49 pm
  #8  
Mrtravel
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Default Re: Visiting on K-1

As long as you don't attempt a fraudulent entry, then a refusal isn't going to hurt
your k-1 chances.
 
Old Aug 20th 2002, 6:54 pm
  #9  
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Default Re: Visiting on K-1

Originally posted by Mrtravel:
As long as you don't attempt a fraudulent entry, then a refusal isn't going to hurt
your k-1 chances.
What would constitute a "fraudulent" entry? I would like to visit my fiancee in the US for the wedding preparations. I am a Canadian citizen and would not mind driving through the New York, US and Ontario, Canada border to go there and return... (it will help since I can carry a car load of stuff each time I visit). We've just filed for I-129 and they recently received the application at VSC. While the K1 is in process, if I go to the border and say that I'm "visiting friends" is that considered fraudlent as I "know" I shouldn't be travelling while the K1 is in process?

Thanks,

Ian
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Old Aug 20th 2002, 7:18 pm
  #10  
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Default Re: Visiting on K-1

Originally posted by eiloo:


What would constitute a "fraudulent" entry? I would like to visit my fiancee in the US for the wedding preparations. I am a Canadian citizen and would not mind driving through the New York, US and Ontario, Canada border to go there and return... (it will help since I can carry a car load of stuff each time I visit). We've just filed for I-129 and they recently received the application at VSC. While the K1 is in process, if I go to the border and say that I'm "visiting friends" is that considered fraudlent as I "know" I shouldn't be travelling while the K1 is in process?

Thanks,

Ian
I'm wondering the same thing as the rest of you. My fiance' is (hoping) to come in November and stay to spend some time with my family and daughter and also the thanksgiving holiday. He will, whoever be leaving his job prior to him traveling over as they wont allow him that much time off. He will be traveling back to Holland in December and is of course keeping his housing and bank accounts. If we provide this information when questioned will it help his chances? I really don't want to have to be without him for the rest of the year because the INS is short staffed and behind on paperwork!
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Old Aug 20th 2002, 8:15 pm
  #11  
.
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Default Re: Visiting on K-1

"hmiller" <[email protected]> wrote in message news:[email protected]...
    > Originally posted by eiloo:
    > >
    > >
    > > What would constitute a "fraudulent" entry? I would like to visit my fiancee in
    > > the US for the wedding preparations. I am a Canadian citizen and would not mind
    > > driving through the New York, US and Ontario, Canada border to go there and
    > > return... (it will help since I can carry a car load of stuff each time I visit).
    > > We've just filed for I-129 and they recently received the application at VSC.
    > > While the K1 is in process, if I go to the border and say that I'm "visiting
    > > friends" is that considered fraudlent


No. But if you say "no" to the question "do you have a fiancee in the US?" or "are
you visiting your fiancee?" then that IS fraudulent.


    > > as I "know" I shouldn't be travelling while the K1 is in process?


You are permitted to travel while the K1 is in process, so I don't see why you 'know'
that you shouldn't. But the border agent is not obliged to let you in and if he
suspects that you will not return home then he will refuse you. Take evidence that
you intend to return eg letter from employer stating when you are expected at work,
letter stating that you have a current mortgage, whatever you can come up with.
Offer it only if required.

BUT if you are asked if you intend to visit your fiancee, or if you have a fiancee or
girlfriend in the US and you say 'yes' (as you certainly should because you must not
lie) then the inspector is going to be very suspicious if you have a 'car load of
stuff' and you do increase the risk of being turned back. (In fact with a car load
of stuff you run the risk of *inviting* more questions). I would travel light.

    > ... daughter and also the thanksgiving holiday. He will, whoever be leaving his
    > job prior to him traveling over as they wont allow him that much time off. He will
    > be traveling back to Holland in December and is of course keeping his housing and
    > bank accounts. If we provide this information when questioned will it help his
    > chances?

Yes if he is questioned. He must not lie.

All just my opinion.




    > I really don't want to have to be without him for the rest of the year because the
    > INS is short staffed and behind on paperwork!
    > --
    > Posted via http://britishexpats.com
 
Old Aug 20th 2002, 9:57 pm
  #12  
Girard Bourque
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Default Re: Visiting on K-1

I live on the NY Ont border outside of Niagara Falls. I know of a person that tried
to come across with a car load of stuff and they were turned away. The agent said
that the car load of stuff showed that he lived here and he did not have the papers
allowing him to live here. My understanding that he went home dropped off his stuff
and tried again, he had no problem. Another guy I know has a girlfriend on the
Canadian side and is starting to get a lot of hassles evertime he crosses to see her.

That is for what it's worth category.

Jerry
 
Old Aug 20th 2002, 10:29 pm
  #13  
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Default Re: Visiting on K-1

Pete,
I am in the UK, just about to head off having now got my K1.
We submitted our petition to Texas in Jan 2002 and between then and August (when I got the K1) I visited Yvette in Dallas three times.
Each time I took evidence of employment ..etc (all I could gather to prove I would be returning to the UK after my visit). I believe that you will be refused entry if the officer believes you intend to attempt to stay in the US, if he'she thinks your just visiting then you'll get in on a Visa Waiver, as I did.
I was never asked for any proof, I even once said I was visiting my fiance, in the heat of the moment but honestly, I was asked when I was returning to the UK and got in without any problems.
The advice i read before i went was ... just always tell the truth, only answer what your asked (you can say your visiting friends as its not a lie). Take as much evidence as possible that you still have ties in the UK and will be returning eg : letter from employer, house rental agreement, mortgage details ..etc.
If you do go visit you are taking a risk, but as far as i know (dont quote me on it) the risk is just that you'll just be sent home.
All I can give you are my experiences, yes they do advise you not to visit, but only say you could be refused entry.
Good luck mate,
All the best,
Rob.
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Old Aug 20th 2002, 11:18 pm
  #14  
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Default Re: Visiting on K-1

Originally posted by robmcintosh:
Pete,
I am in the UK, just about to head off having now got my K1.
We submitted our petition to Texas in Jan 2002 and between then and August (when I got the K1) I visited Yvette in Dallas three times.
Each time I took evidence of employment ..etc (all I could gather to prove I would be returning to the UK after my visit). I believe that you will be refused entry if the officer believes you intend to attempt to stay in the US, if he'she thinks your just visiting then you'll get in on a Visa Waiver, as I did.
I was never asked for any proof, I even once said I was visiting my fiance, in the heat of the moment but honestly, I was asked when I was returning to the UK and got in without any problems.
The advice i read before i went was ... just always tell the truth, only answer what your asked (you can say your visiting friends as its not a lie). Take as much evidence as possible that you still have ties in the UK and will be returning eg : letter from employer, house rental agreement, mortgage details ..etc.
If you do go visit you are taking a risk, but as far as i know (dont quote me on it) the risk is just that you'll just be sent home.
All I can give you are my experiences, yes they do advise you not to visit, but only say you could be refused entry.
Good luck mate,
All the best,
Rob.
Thanks for the words of support. I know there are no guarantees, but I am willing to take the risk of visiting as I can't face not seeing my beloved for 6-7 months!!! I will go armed with letter from employer, details of bak accounts etc...

I very much appreciate the responses to the couple of messages that I have posted. It is reassuring to know that there is support out there from people who have been through and understand the frustations and difficulties.

I promise to post our experiences once we get out K-1 process going!!!!

Best of luck to everyone.

Pete
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