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Visiting US while waiting for K1

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Old Sep 14th 2008, 8:40 am
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Default Visiting US while waiting for K1

Hi

I'm new to the BE discussion forum but have been studying it avidly for the last few months and have found the posts to be really helpful (and reassuring)

Our situation is that, my fiancee and I have submitted our I-129F and had confirmation that it has been received (Aug), so we're happy with this. I know it's still very early in the process but it feels like a landmark to us.

I intend to visit the US for 72 days and work remotely from there as I'm self employed.

My question that I'm unsure about is, whether I should take copies of all the documents and supporting evidence we submitted in our I-129F application with me when I travel over? Is this necessary? Is it good practice to do this, or will it confuse matters when entering? Or am I being stupid by even thinking there me any sort of problem with this?

Many thanks,
Steve
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Old Sep 14th 2008, 9:16 am
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Default Re: Visiting US while waiting for K1

Originally Posted by stevew
I intend to visit the US for 72 days and work remotely from there as I'm self employed.
Visiting is fine... but you can not work in the US while you're here on the VWP. It doesn't matter that your employer is in the UK or that the money remains in the UK... your body is in the US, and your body does not have authorization to work in the US.


... whether I should take copies of all the documents and supporting evidence we submitted in our I-129F application with me when I travel over?
No, this isn't necessary. It's probably not a good idea to mention a "fiance" when you enter the US... better to say that you're here for pleasure and are visiting friends. Be sure to bring evidence of your ties to the UK.

Ian
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Old Sep 14th 2008, 9:23 am
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Default Re: Visiting US while waiting for K1

Originally Posted by ian-mstm
No, this isn't necessary. It's probably not a good idea to mention a "fiance" when you enter the US... better to say that you're here for pleasure and are visiting friends. Be sure to bring evidence of your ties to the UK.

Ian
I can see saying "pleaseure" ( ), but is "visiting friends" really a good idea? Couldn't that be perceived as deceptive, since the I-129f is already in process... if they look back at some time during the K-1 or AOS process?
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Old Sep 14th 2008, 9:29 am
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Default Re: Visiting US while waiting for K1

Thanks Ian and Tracym, I appreciate both your advice.

I wasn't sure about mentioning the whole fiancee thing as I thought it may arouse suspicion or just complicate matters. Yet what if they ask me more in depth (worst case scenario)? I don't want to withhold information and be deceptive (as tracym says).

Also, by evidence of my ties to the UK do you mean a copy of a bank statement or travel insurance?

Thanks
Steve
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Old Sep 14th 2008, 9:37 am
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Default Re: Visiting US while waiting for K1

Originally Posted by stevew
Also, by evidence of my ties to the UK do you mean a copy of a bank statement or travel insurance?
Plus some proof that you NEED to be back in the UK by a certain date. You can't get a letter from work, since you're self employed, maybe something showing you have a project due at a certain date that you need to present in person? Or perhaps you could bring proof of property ownership or lease agreement.

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Old Sep 14th 2008, 9:43 am
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Default Re: Visiting US while waiting for K1

Thanks Rene.

My travel insurance specifies that I must return on my scheduled return date as it's a single trip insurance. Should this suffice? It's really the only date sensitive docs I have other than a phone contract. Would my office lease docs do?

Thanks
Steve
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Old Sep 14th 2008, 9:45 am
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Default Re: Visiting US while waiting for K1

Originally Posted by stevew
Thanks Rene.

My travel insurance specifies that I must return on my scheduled return date as it's a single trip insurance. Should this suffice? It's really the only date sensitive docs I have other than a phone contract. Would my office lease docs do?

Thanks
Steve
Office lease is probably a good thing to bring. Ongoing home lease or mortgage is even better. Travel insurance time period probably is no real proof that you WILL return to the UK. What they are looking for (if they ask for it) is something proving you don't intend to immigrate on this trip (i.e. strong reasons why you must return to the UK).

Rene
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Old Sep 14th 2008, 9:54 am
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Default Re: Visiting US while waiting for K1

That's great, thanks Rene. I'll bring as many work related documentation as I can.

Do you have any advice regarding me mentioning to customs that I'm visiting my fiancee? I really do not want to jeopardize my chances of entering and affecting our chances of being together.

Thanks
Steve
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Old Sep 14th 2008, 9:57 am
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Default Re: Visiting US while waiting for K1

Originally Posted by stevew
That's great, thanks Rene. I'll bring as many work related documentation as I can.

Do you have any advice regarding me mentioning to customs that I'm visiting my fiancee? I really do not want to jeopardize my chances of entering and affecting our chances of being together.

Thanks
Steve
Personally, I would not mention the fiance unless you are specifically asked.

Don't bring just work-related documents. If you have personal documents which show your ties to the UK, those are better, in my opinion. Especially since you are self-employed, they might think its' easier for you to skip out on anything you have going on in the UK.

Rene
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Old Sep 14th 2008, 10:06 am
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Default Re: Visiting US while waiting for K1

Unfortunately I don't have many personal date sensitive ties other than work as I recently moved out of my rented apartment to live with my parents in an attempt to save money for us starting out in America once my Visa had been successful. My fiancee has also moved back in with her parents in the US for the same reason.

I'm slightly worried now! I flight out on Tuesday.
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Old Sep 14th 2008, 10:10 am
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Default Re: Visiting US while waiting for K1

Originally Posted by stevew
Unfortunately I don't have many personal date sensitive ties other than work as I recently moved out of my rented apartment to live with my parents in an attempt to save money for us starting out in America once my Visa had been successful. My fiancee has also moved back in with her parents in the US for the same reason.

I'm slightly worried now! I flight out on Tuesday.
Oh well, not much you can do. Bring what you've got, answer only the specific questions asked, and don't worry.

Rene
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Old Sep 14th 2008, 10:58 am
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Default Re: Visiting US while waiting for K1

Hi

When was your last visit and what was the duration?

I wouldn't say travel insurance is a tie. I may be wrong. To add - most people have bank accounts too. I'm not trying to get you down, just help. I was denied entry because of lack of ties.
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Old Sep 14th 2008, 11:18 am
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Default Re: Visiting US while waiting for K1

Hi

My last entry to the US was back in February and I was there for 4 days. Before that it was January for about the same length of time.

Can I ask what you had as evidence of ties in the UK that they weren't happy with?

Thanks
Steven
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Old Sep 14th 2008, 11:20 am
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Default Re: Visiting US while waiting for K1

Originally Posted by stevew
I'll bring as many work related documentation as I can.
You don't want to bring too much... or they may think you're actually going to work while you're in the US.


Do you have any advice regarding me mentioning to customs that I'm visiting my fiancee?
If they specifically ask "are you visiting your fiancee?" then the answer is "yes". If they don't ask the question, you are not obligated to (and probably shouldn't) mention that you have a US fiancee. Do not volunteer information. If you are asked, "do you know what time it is?" the only acceptable answer is "yes" or "no".

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Old Sep 14th 2008, 11:21 am
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Default Re: Visiting US while waiting for K1

Originally Posted by stevew
Hi

My last entry to the US was back in February and I was there for 4 days. Before that it was January for about the same length of time.

Can I ask what you had as evidence of ties in the UK that they weren't happy with?

Thanks
Steven
You've been away a long time, and have only been here briefly. That is in your favour.

I personally would not mention a fiancee - I would say "pleasure". If questioned more closely - obviouisly, do not lie. Better to be refused, than to have bigger trouble later.

Are you still planning to stay for such a long period, given that you cannot work while you're here?
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