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Visits to the US whilst waiting for KI visa

Visits to the US whilst waiting for KI visa

Old Nov 18th 2003, 8:51 am
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Default Visits to the US whilst waiting for KI visa

Can anyone tell me if it is possible to make a short Visist to the US whilst waiting for the K1. Once you have started the process are your deatails entereed into the Immigration Computer, and if a visit is made what kind of proof would you require that you are going to retrn to your home country.
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Old Nov 18th 2003, 9:53 am
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Default Re: Visits to the US whilst waiting for KI visa

Originally posted by paul6831h
Can anyone tell me if it is possible to make a short Visist to the US whilst waiting for the K1. Once you have started the process are your deatails entereed into the Immigration Computer, and if a visit is made what kind of proof would you require that you are going to retrn to your home country.
I was pondering this as I'm doing the same.

As long as you have proof that you intend to return to the UK it will be fine. When I go I'm taking along bank details for Spain, house escutria (deeds) and a copy of my cats in the cattery receipt.
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Old Nov 18th 2003, 10:02 am
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Default Re: Visits to the US whilst waiting for KI visa

Originally posted by paul6831h
Can anyone tell me if it is possible to make a short Visist to the US whilst waiting for the K1. Once you have started the process are your deatails entereed into the Immigration Computer, and if a visit is made what kind of proof would you require that you are going to retrn to your home country.
I am all set to fly out this Sunday. I have a letter from my employer stating that they are aware of my trip, that I have an ongoing contract of employment and the date I am expected to return to the office.

I am hoping that this will be sufficient.

Clare
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Old Nov 18th 2003, 1:02 pm
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Default Re: Visits to the US whilst waiting for KI visa

I've just returned from a visit to see my fiance in the US, and no trouble at all really.

I was asked a lot of questions at the POE, but was never required to show any of the evidence that i'd brought with me. I think that if i hadn't said i was visiting my fiance, that the POE wouldn't even have known about my K-1 pending. He seemed surprised when i mentioned that i was going to visit my fiance, and that's when he began questioning me in detail. I wasn't even sure if i should have mentioned that, but i figured that i didn't want to lie to the POE and just told the absolute truth.

Alie
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Old Nov 18th 2003, 5:44 pm
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Default Re: Visits to the US whilst waiting for KI visa

Thanks Alie.
Can I ask you what sort of questions were you asked and what evidence did you take with you? I do not want to get to the POE and for them to ask me for something which I do not have with me for them to deny me entry.

Paul

Originally posted by Alie&Steve
I've just returned from a visit to see my fiance in the US, and no trouble at all really.

I was asked a lot of questions at the POE, but was never required to show any of the evidence that i'd brought with me. I think that if i hadn't said i was visiting my fiance, that the POE wouldn't even have known about my K-1 pending. He seemed surprised when i mentioned that i was going to visit my fiance, and that's when he began questioning me in detail. I wasn't even sure if i should have mentioned that, but i figured that i didn't want to lie to the POE and just told the absolute truth.

Alie
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Old Nov 18th 2003, 6:01 pm
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Default Re: Visits to the US whilst waiting for KI visa

I think this info applies to K-3s too!
 
Old Nov 18th 2003, 6:01 pm
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Default Re: Visits to the US whilst waiting for KI visa

Alie, out of curiosity, what was your POE?



Re: Visits to the US whilst waiting for KI visa

Group: alt.visa.us.marriage-based Date: Tue, Nov 18, 2003, 2:02pm
(EST+5) From: [email protected]_expats.com (Alie&Steve)
I've just returned from a visit to see my fiance in the US, and no
trouble at all really.
I was asked a lot of questions at the POE, but was never required to
show any of the evidence that i'd brought with me. I think that if i
hadn't said i was visiting my fiance, that the POE wouldn't even have
known about my K-1 pending. He seemed surprised when i mentioned that i
was going to visit my fiance, and that's when he began questioning me in
detail. I wasn't even sure if i should have mentioned that, but i
figured that i didn't want to lie to the POE and just told the absolute
truth.
Alie
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Old Nov 18th 2003, 6:08 pm
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Default Re: Visits to the US whilst waiting for KI visa

I visited my fiance in the US the last 2 years about 9 times,never had a big problem,not even whenever we filed the case already!We didn t saw each other the last 5 months tough,but i m gona see my fiancee in 2,5 weeks,staying there for the holidays!Have a letter from my employer but was never asked before to show them eveidence.Good luck!!!
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Old Nov 18th 2003, 8:57 pm
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Default Re: Visits to the US whilst waiting for KI visa

Originally posted by paul6831h
Thanks Alie.
Can I ask you what sort of questions were you asked and what evidence did you take with you? I do not want to get to the POE and for them to ask me for something which I do not have with me for them to deny me entry.

Paul

The POE officer mostly asked me questions about my fiance. Where does he live, where does he work, what does he do there....which kind of surprised me. He then also asked if we'd filed any kind of paperwork with USCIS, so i told him we'd filed for the K-1, he then asked what the next step in the process was, so i answered him. That was more or less it, he did ask a lot of other questions, but i can't remember them now, i was just so glad to have be allowed entry.

I brought with me a copy of my lease, current rent receipt, lletter from my landlord, etter from my employer, recent paystubs, some bank statements, credit card statements and bills.

Hope that helps. I know how stressful it is worrying about being denied. I didn't relax until i was on the airplane, lol.

Alie
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Old Nov 18th 2003, 8:59 pm
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Default Re: Visits to the US whilst waiting for KI visa

[QUOTE]Originally posted by Maryanne Kehoe
Alie, out of curiosity, what was your POE?

My POE was through the Winnipeg Airport (Manitoba, Canada).

Alie
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Old Nov 18th 2003, 10:09 pm
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Default Re: Visits to the US whilst waiting for KI visa

Thanks very much Alie, this has helped alot. as they say for warned is for armed rather than just get questions sprung on you. I have actually been over three times so far this year and each time I was asked the same thing, but I just know that when I tell the officer that I am going to see my Fiance' there will be probably be a lot more questions.

Paul

Originally posted by Alie&Steve
The POE officer mostly asked me questions about my fiance. Where does he live, where does he work, what does he do there....which kind of surprised me. He then also asked if we'd filed any kind of paperwork with USCIS, so i told him we'd filed for the K-1, he then asked what the next step in the process was, so i answered him. That was more or less it, he did ask a lot of other questions, but i can't remember them now, i was just so glad to have be allowed entry.

I brought with me a copy of my lease, current rent receipt, lletter from my landlord, etter from my employer, recent paystubs, some bank statements, credit card statements and bills.

Hope that helps. I know how stressful it is worrying about being denied. I didn't relax until i was on the airplane, lol.

Alie
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Old Nov 18th 2003, 10:14 pm
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Default Re: Visits to the US whilst waiting for KI visa

Thanks for the reply Claire, all the information I can get the better. Please will you let me know ifyou had any trouble at the POE, I would be most grateful. I know eveeryone is going to be different.

Paul

Originally posted by clare47uk
I am all set to fly out this Sunday. I have a letter from my employer stating that they are aware of my trip, that I have an ongoing contract of employment and the date I am expected to return to the office.

I am hoping that this will be sufficient.

Clare
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Old Nov 19th 2003, 1:42 am
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Default Re: Visits to the US whilst waiting for KI visa

Hi guys,

I've spent three months in the US with my fiance, went back to the UK for a week and came back; granted another three months with no questions after grinning hugely and explaining that I was here with my 3rd packet from the Embassy in London to plan my wedding, (I was all ready to whip the packet out of my bag and show the immigration officer)!! LOL
Honestly, I've never got through immigration and the baggage hall so fast, it was amazing!!
Anyway, the basic rule is to always be prepared and to be honest, overall, oh, and smiling always helps! Works for me!

Good luck and best wishes to all.

Take care

Tam
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Old Nov 19th 2003, 2:04 am
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Default Re: Visits to the US whilst waiting for KI visa

Originally posted by paul6831h
Can anyone tell me if it is possible to make a short Visist to the US whilst waiting for the K1. Once you have started the process are your deatails entereed into the Immigration Computer, and if a visit is made what kind of proof would you require that you are going to retrn to your home country.
Hi:

This is the issue is an FAQ and is the one that got me involved in the NG in the first place.

Matt Udall gave me a call one about a posting on the now-morbiund K1.exit.com site. The US citizen had been traveling with his K-1 sweetie and she was turned around at, if memory serves me correct, Pittsburgh airport. The US citizen took exception in the mistaken belief that he actually had "rights" and demanded an explanation -- the INS officer took to the time to SHOW him the "law" that REQUIRED she be turned away.

My postings that no such law existed was not well recieved -- the idea being that if a government official SHOWS you something in WRITING and SAYS its the law, that this attorney of over 25 years experience must be wrong. [Don't ever forget that the government has the RIGHT to lie to its citizens and it the citizen at risk -- the Supremes say so].

So, here is the LAW:

The law does NOT prohibit your sweetie from visiting, PROVIDED she has every intention of leaving at the conclusion of the visit.

The law DOES require your sweetie to convince the POE inspectors [and by regulation, their supervisor] "clearly and beyond a doubt" that she will return at the conclusion of her visit. Please note that the burden is heavier than the "beyond a reasonable doubt and to a moral certianty" the government must prove to impose capital punishement.

The law DOES prohbit lying at the port of entry.

The law provides for NO APPEAL or REVIEW by a determination of the Port of Entry Inspectors [and their supervisors] to refuse admission.

As noted in this string -- many people do it with no problem -- and other have unsavory brown material hit the fan.

Bottom line: it is legal, it is permissible, it is dangerous.

Good luck.
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Old Nov 21st 2003, 1:47 am
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Default Re: Visits to the US whilst waiting for KI visa

Do K-3 applicants have it easier than a K-1? From the postings of the
K-3's on this board that have had temporary visits to the United States,
it appears to be the case.

LondonConsular also emailed me said visits *are* allowed on a K-3, _as
long as the foreign citizen shows proof of residence in the UK and
intent to return.*




Re: Visits to the US whilst waiting for KI visa

Group: alt.visa.us.marriage-based Date: Wed, Nov 19, 2003, 3:04am
(EST+5) From: [email protected]_expats.com (Folinskyinla)
Originally posted by paul6831h
Can anyone tell me if it is possible to make a short Visist to the US
whilst waiting for the K1. Once you have started the process are your
deatails entereed into the Immigration Computer, and if a visit is made
what kind of proof would you require that you are going to retrn to your
home country.
Hi:
This is the issue is an FAQ and is the one that got me involved in the
NG in the first place.
Matt Udall gave me a call one about a posting on the now-morbiund
K1.exit.com site. The US citizen had been traveling with his K-1 sweetie
and she was turned around at, if memory serves me correct, Pittsburgh
airport. The US citizen took exception in the mistaken belief that he
actually had "rights" and demanded an explanation -- the INS officer
took to the time to SHOW him the "law" that REQUIRED she be turned away.
My postings that no such law existed was not well recieved -- the idea
being that if a government official SHOWS you something in WRITING and
SAYS its the law, that this attorney of over 25 years experience must be
wrong. [Don't ever forget that the government has the RIGHT to lie to
its citizens and it the citizen at risk -- the Supremes say so].
So, here is the LAW:
The law does NOT prohibit your sweetie from visiting, PROVIDED she has
every intention of leaving at the conclusion of the visit.
The law DOES require your sweetie to convince the POE inspectors [and by
regulation, their supervisor] "clearly and beyond a doubt" that she will
return at the conclusion of her visit. Please note that the burden is
heavier than the "beyond a reasonable doubt and to a moral certianty"
the government must prove to impose capital punishement.
The law DOES prohbit lying at the port of entry.
The law provides for NO APPEAL or REVIEW by a determination of the Port
of Entry Inspectors [and their supervisors] to refuse admission.
As noted in this string -- many people do it with no problem -- and
other have unsavory brown material hit the fan.
Bottom line: it is legal, it is permissible, it is dangerous.
Good luck.
--
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