Lc

Hi everyone,

I have seen this question answered before, but I guess I cannot quite
believe that you will be turned away at the border when one's K1 visa
is being processed.

Considering the visa interview is outside the US (UK for me), and you
are doing everything for the K1 visa that's legal and above board (as
opposed to entering illegally) they don't have grounds to not let you
in?

Surely that's penalising good, decent people unnecessarily?

Is there an actual law, or are there actual guidelines on any of the
government web sites that tell you that you are definitely unable to
enter? I can't imagine spending 6-9 months waiting to be with this
man

Thank you in advance,

Lucy

Andy Platt

The first thing to realize is that *any* visitor to the US is presumed to be
"bad, non-decent". Well, they are assumed that you have immigrant intent and
it's up to you to show that you don't. Of course in practice it doesn't
really work that way - you turn up off the plane ready to go to Disney
World, you say that and the immigration official thinks "good enough for me"
and let's you in.

However, if there are any red flags that can cause problems. Having a
pending request to come to the US to live permanently is such a red flag
which raises the bar higher. So, there's nothing that says you specifically
cannot come during this time but there are all of the laws that exist for
all visitors that say you are presumed to have immigrant intent and you have
to show you don't.

In practice for those from a visa waiver country the issue seldom crops up.
You may not show up on their database as having a pending application - such
things are usually determined by being questioned about your reasons. But it
is a possibility which is why the warnings are out there.

Andy.

--
I'm not really here - it's just your warped imagination.

"LC" <[email protected]> wrote in message
news:[email protected]...
    > Hi everyone,
    > I have seen this question answered before, but I guess I cannot quite
    > believe that you will be turned away at the border when one's K1 visa
    > is being processed.
    > Considering the visa interview is outside the US (UK for me), and you
    > are doing everything for the K1 visa that's legal and above board (as
    > opposed to entering illegally) they don't have grounds to not let you
    > in?
    > Surely that's penalising good, decent people unnecessarily?
    > Is there an actual law, or are there actual guidelines on any of the
    > government web sites that tell you that you are definitely unable to
    > enter? I can't imagine spending 6-9 months waiting to be with this
    > man
    > Thank you in advance,
    > Lucy

Dom

I've made the assumption that until the K1 is being 'processed' i.e.
they BCIS has sent your details to the Embassy in London there
shouldn't be any problems.
We applied in July and I took a visit in early September with no
problems. I did bring along my contract of employment and details of
my rental arrangement here in the UK as evidence of my intent to
return to the UK.
When asked at the POE what I was doing I told the absolute truth -
here to visit my fiance and we're planning to get married in the US
next year, etc etc. The lady asked a couple of questions (trying to
catch me out I think) and stamped my passport. She may even have
smiled, but I think it was probably wind
However don't rely on my experience as I may have been lucky. They
can and will stop you entering the USA if they suspect that you wont
be returning to the UK and having a K1 in process is evidence enough -
even though you know will be going back to the UK they don't know
this.
Good luck!