Visiting US from UK while K1 visa pending
Aug 27th 2002, 4:19 pm
#1
Guest
Posts: n/a
Visiting US from UK while K1 visa pending
Hello, I'm new to the fiancé visa process, and equally new to this newsgroup.
As some background information, I am a US citizen who submitted the I-129F
petition about 5 weeks ago to the Nebraska service center on behalf of my
Scottish fiancé, Andrew.
I realize that this is a timelessly popular thread topic, but as Andrew and I are
contemplating the possibility of him coming to visit me for two weeks this coming
month (while our visa application is pending), I am seeking some perspective,
particularly in the form of advice from anyone who has been in a similar situation
(UK -> US).
From reading previous posts, it seems that the sensible plan would be for Andrew to
show up at the POE with a letter from his employer stating the date he is expected
back at work, as well as his return ticket. Without volunteering extra information,
it seems like it should be fine for him to admit (when questioned) that he will be
temporarily visiting his girlfriend, as his name may well already be in INS
computers. If pressed, he can agreeably explain that the purpose of his visit will
partly be seeing to wedding arrangements. If his intent is questioned, he can plainly
state that he knows the rules and has no desire to ruin his chances of entering the
US when our application is (hopefully!) eventually approved, but at this time he will
just be making a brief visit.
And yet, I know, he can still be turned away. What have been others' recent
experiences? Frankly, I know he does not appear outwardly suspicious and will not be
a victim of racial profiling. One lingering concern I have is this: say we do decide
to go for it and purchase his airfare. Now say that in the intervening week or two,
I receive notification from Nebraska that our petition has been approved. At this
point, is he legally restricted from entering the US? Or is he still technically
free to visit on a visa waiver until the K1 visa is actually stamped in his passport?
Finally, for anyone who will entertain my naiveté: Andrew will probably be flying out
of the UK into Portland, Oregon (where I live) with one stopover (say Newark). Is
the POE his first stop within US borders (Newark) or his final destination
(Portland)?
Thanks so much, Kristin
As some background information, I am a US citizen who submitted the I-129F
petition about 5 weeks ago to the Nebraska service center on behalf of my
Scottish fiancé, Andrew.
I realize that this is a timelessly popular thread topic, but as Andrew and I are
contemplating the possibility of him coming to visit me for two weeks this coming
month (while our visa application is pending), I am seeking some perspective,
particularly in the form of advice from anyone who has been in a similar situation
(UK -> US).
From reading previous posts, it seems that the sensible plan would be for Andrew to
show up at the POE with a letter from his employer stating the date he is expected
back at work, as well as his return ticket. Without volunteering extra information,
it seems like it should be fine for him to admit (when questioned) that he will be
temporarily visiting his girlfriend, as his name may well already be in INS
computers. If pressed, he can agreeably explain that the purpose of his visit will
partly be seeing to wedding arrangements. If his intent is questioned, he can plainly
state that he knows the rules and has no desire to ruin his chances of entering the
US when our application is (hopefully!) eventually approved, but at this time he will
just be making a brief visit.
And yet, I know, he can still be turned away. What have been others' recent
experiences? Frankly, I know he does not appear outwardly suspicious and will not be
a victim of racial profiling. One lingering concern I have is this: say we do decide
to go for it and purchase his airfare. Now say that in the intervening week or two,
I receive notification from Nebraska that our petition has been approved. At this
point, is he legally restricted from entering the US? Or is he still technically
free to visit on a visa waiver until the K1 visa is actually stamped in his passport?
Finally, for anyone who will entertain my naiveté: Andrew will probably be flying out
of the UK into Portland, Oregon (where I live) with one stopover (say Newark). Is
the POE his first stop within US borders (Newark) or his final destination
(Portland)?
Thanks so much, Kristin
Aug 28th 2002, 1:55 am
#2
Guest
Posts: n/a
Re: Visiting US from UK while K1 visa pending
Hi Kristin,
I've had some experience regarding this issue. I am a Canadian married to a USC and
am currently visiting her in the US while we have an I-129F petition pending (for a
K3, not a K1). In the past 2 months I have twice successfully entered the US to visit
my wife while the I-129F was pending, once from Canada and once from Europe. When I
came from Europe, I had to provide evidence of intent to return (evidence of a job
and residence in my home country), but not when I came from Canada.
One thing to bear in mind: they may be tougher on pending K1 petitions than they are
on pending K3s, since there is more incentive to use the visitor status to bypass the
K1 process. I'm not sure about this.
If your partner lands in Newark, that will be the POE. If he is turned back, that's
as far as he'll get.
One suggestion: since you're in Oregon, he might consider flying to Vancouver and
driving across the border there. There are two advantages to this. First, from my
experience, the INS officials are more strict at the airports than they are at the
car crossings along the Canadian border (though this may not be true for people
carrying non-Canadian passports). Second, if he is refused entry, he can just stay in
Vancouver and you can drive up to see him. At least then the trip won't be entirely
wasted. If he's refused entry at Newark, he'll have to go straight back to Scotland.
Something to consider.
The only risk would be that the INS might get suspicious about why he is coming in
from Canada. But he could just explain that you wanted to leave open the possibility
of meeting in Vancouver if he was refused entry. I don't think the INS would have a
problem with that.(He should not tell them that he figured they would be slack at the
Canadian border!)
The main thing to stress is that he should not lie to the INS. Trying to enter the
country and being refused entry won't get him into trouble, but trying to enter the
country under false pretenses will.
Good luck!
best, Dean
Kristin wrote:
> Hello, I'm new to the fiancé visa process, and equally new to this newsgroup.
> As some background information, I am a US citizen who submitted the I-129F
> petition about 5 weeks ago to the Nebraska service center on behalf of my
> Scottish fiancé, Andrew.
> I realize that this is a timelessly popular thread topic, but as Andrew and I are
> contemplating the possibility of him coming to visit me for two weeks this coming
> month (while our visa application is pending), I am seeking some perspective,
> particularly in the form of advice from anyone who has been in a similar situation
> (UK -> US).
> From reading previous posts, it seems that the sensible plan would be for Andrew to
> show up at the POE with a letter from his employer stating the date he is expected
> back at work, as well as his return ticket. Without volunteering extra
> information, it seems like it should be fine for him to admit (when questioned)
> that he will be temporarily visiting his girlfriend, as his name may well already
> be in INS computers. If pressed, he can agreeably explain that the purpose of his
> visit will partly be seeing to wedding arrangements. If his intent is questioned,
> he can plainly state that he knows the rules and has no desire to ruin his chances
> of entering the US when our application is (hopefully!) eventually approved, but at
> this time he will just be making a brief visit.
> And yet, I know, he can still be turned away. What have been others' recent
> experiences? Frankly, I know he does not appear outwardly suspicious and will not
> be a victim of racial profiling. One lingering concern I have is this: say we do
> decide to go for it and purchase his airfare. Now say that in the intervening week
> or two, I receive notification from Nebraska that our petition has been approved.
> At this point, is he legally restricted from entering the US? Or is he still
> technically free to visit on a visa waiver until the K1 visa is actually stamped in
> his passport?
> Finally, for anyone who will entertain my naiveté: Andrew will probably be flying
> out of the UK into Portland, Oregon (where I live) with one stopover (say Newark).
> Is the POE his first stop within US borders (Newark) or his final destination
> (Portland)?
> Thanks so much, Kristin
I've had some experience regarding this issue. I am a Canadian married to a USC and
am currently visiting her in the US while we have an I-129F petition pending (for a
K3, not a K1). In the past 2 months I have twice successfully entered the US to visit
my wife while the I-129F was pending, once from Canada and once from Europe. When I
came from Europe, I had to provide evidence of intent to return (evidence of a job
and residence in my home country), but not when I came from Canada.
One thing to bear in mind: they may be tougher on pending K1 petitions than they are
on pending K3s, since there is more incentive to use the visitor status to bypass the
K1 process. I'm not sure about this.
If your partner lands in Newark, that will be the POE. If he is turned back, that's
as far as he'll get.
One suggestion: since you're in Oregon, he might consider flying to Vancouver and
driving across the border there. There are two advantages to this. First, from my
experience, the INS officials are more strict at the airports than they are at the
car crossings along the Canadian border (though this may not be true for people
carrying non-Canadian passports). Second, if he is refused entry, he can just stay in
Vancouver and you can drive up to see him. At least then the trip won't be entirely
wasted. If he's refused entry at Newark, he'll have to go straight back to Scotland.
Something to consider.
The only risk would be that the INS might get suspicious about why he is coming in
from Canada. But he could just explain that you wanted to leave open the possibility
of meeting in Vancouver if he was refused entry. I don't think the INS would have a
problem with that.(He should not tell them that he figured they would be slack at the
Canadian border!)
The main thing to stress is that he should not lie to the INS. Trying to enter the
country and being refused entry won't get him into trouble, but trying to enter the
country under false pretenses will.
Good luck!
best, Dean
Kristin wrote:
> Hello, I'm new to the fiancé visa process, and equally new to this newsgroup.
> As some background information, I am a US citizen who submitted the I-129F
> petition about 5 weeks ago to the Nebraska service center on behalf of my
> Scottish fiancé, Andrew.
> I realize that this is a timelessly popular thread topic, but as Andrew and I are
> contemplating the possibility of him coming to visit me for two weeks this coming
> month (while our visa application is pending), I am seeking some perspective,
> particularly in the form of advice from anyone who has been in a similar situation
> (UK -> US).
> From reading previous posts, it seems that the sensible plan would be for Andrew to
> show up at the POE with a letter from his employer stating the date he is expected
> back at work, as well as his return ticket. Without volunteering extra
> information, it seems like it should be fine for him to admit (when questioned)
> that he will be temporarily visiting his girlfriend, as his name may well already
> be in INS computers. If pressed, he can agreeably explain that the purpose of his
> visit will partly be seeing to wedding arrangements. If his intent is questioned,
> he can plainly state that he knows the rules and has no desire to ruin his chances
> of entering the US when our application is (hopefully!) eventually approved, but at
> this time he will just be making a brief visit.
> And yet, I know, he can still be turned away. What have been others' recent
> experiences? Frankly, I know he does not appear outwardly suspicious and will not
> be a victim of racial profiling. One lingering concern I have is this: say we do
> decide to go for it and purchase his airfare. Now say that in the intervening week
> or two, I receive notification from Nebraska that our petition has been approved.
> At this point, is he legally restricted from entering the US? Or is he still
> technically free to visit on a visa waiver until the K1 visa is actually stamped in
> his passport?
> Finally, for anyone who will entertain my naiveté: Andrew will probably be flying
> out of the UK into Portland, Oregon (where I live) with one stopover (say Newark).
> Is the POE his first stop within US borders (Newark) or his final destination
> (Portland)?
> Thanks so much, Kristin
Aug 28th 2002, 2:44 am
#3
Forum Regular
Joined: Nov 2001
Posts: 93
Re: Visiting US from UK while K1 visa pending
Kristin,
Well firstly your spot on with your understanding of the situation, I was in exactly the same "boat" until I got my K1 in August, I am in the UK (until Sept), by the way.
We submitted our petition in Jan 2002 and I visited my fiance 3 times (Dallas) between the orig submission and getting the K1, the last time being May 2002. (NB: our timeline did seem to be slow, in case the length of time worries you).
Each time I was as prepared as possible (letter from employer, house rental agreement, had my story ready ...etc.)
I never had any problems, was not questioned further than ... whats the purpose of your visit (visit my girlfriend), how long are you intending to stay. Some people advise you to say "visiting a friend/friends". Im not sure about mentioning the word wedding, although you must always be truthful !
The rules say (as far as I could find out) that you can travel to the US, as long as its just for a visit, but its the decision of the immigration officer at the POE as to whether or not your let in(with no appeal).
The INS helpline (In the UK) (I rang them a couple of times) advise you not to travel, but dont say you cant. The UK/US embassy web site says the same.
It's a risk of course, all I can tell you is my own experience, I hope it helps, but dont rely on it, I may have been lucky.
When the petition is approved your fiance is in exactly the same position as before regarding entry to the US. As long as its for a visit the visa waiver program applies. Once the K1 is in his passport he can only enter on that.
The POE is the first place your fiance enters the US (Newark in this case).
Rob.
Good luck, both of you ...
Well firstly your spot on with your understanding of the situation, I was in exactly the same "boat" until I got my K1 in August, I am in the UK (until Sept), by the way.
We submitted our petition in Jan 2002 and I visited my fiance 3 times (Dallas) between the orig submission and getting the K1, the last time being May 2002. (NB: our timeline did seem to be slow, in case the length of time worries you).
Each time I was as prepared as possible (letter from employer, house rental agreement, had my story ready ...etc.)
I never had any problems, was not questioned further than ... whats the purpose of your visit (visit my girlfriend), how long are you intending to stay. Some people advise you to say "visiting a friend/friends". Im not sure about mentioning the word wedding, although you must always be truthful !
The rules say (as far as I could find out) that you can travel to the US, as long as its just for a visit, but its the decision of the immigration officer at the POE as to whether or not your let in(with no appeal).
The INS helpline (In the UK) (I rang them a couple of times) advise you not to travel, but dont say you cant. The UK/US embassy web site says the same.
It's a risk of course, all I can tell you is my own experience, I hope it helps, but dont rely on it, I may have been lucky.
When the petition is approved your fiance is in exactly the same position as before regarding entry to the US. As long as its for a visit the visa waiver program applies. Once the K1 is in his passport he can only enter on that.
The POE is the first place your fiance enters the US (Newark in this case).
Rob.
Good luck, both of you ...
