British Expats

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-   Marriage Based Visas (https://britishexpats.com/forum/marriage-based-visas-35/)
-   -   Visits whilst waiting for visa processing? (https://britishexpats.com/forum/marriage-based-visas-35/visits-whilst-waiting-visa-processing-688222/)

bivlover Oct 4th 2010 9:06 pm

Visits whilst waiting for visa processing?
 
Hi

Hope someone can help. I'm aware that there is a sticky thread saying that in general there is no law against me visiting the US whilst waiting for the processing of my K1 fiance visa. Thanks to Meauxna :)

Can anyone point me in the direction of where I can find clarity on this issue? I've tried trawling through the immigration websites, the embassy websites, I even tried calling the Embassy in London, but no such information was forthcoming - else I didn't know the best place to look. Also, what about the other way round - can my USC fiance visit me here in the UK while the process is happening?
The stage we are at is that she has filed I129F to sponsor my application for a K1 and has received NOA1 back.

Does anyone know of any cases where travel has affected the visa application?

We are really badly missing each other :(:( but I don't want to go over and visit unless I can be sure that it won't affect the visa process.

Thanks for any help :)

Angelheart1962 Oct 4th 2010 9:18 pm

Re: Visits whilst waiting for visa processing?
 
Hi bivlover

My husband has petitioned for CR1 visa for me and derivative visas for my sons, I have been over to visit him a few times while waiting for NOA2. Not had a problem at immigration so far.
However I now want to take my sons out of school for a few weeks and all go to the US to stay with hubby for about 6 weeks, coming back to the UK for Christmas. Dont know how that will go down, will immigration think we are trying to enter and adjust status? So complicated.....
Good luck

Madelina Oct 5th 2010 12:29 am

Re: Visits whilst waiting for visa processing?
 
hi there,

i have my K1 interview this friday, and last week i got back from a week's visit to the U.S to visit my fiancé and helop set up the house, bank account etc.... At the PoE the dude just asked what the purpose of visit was, i said to visit my fiancé, he told me which fingers to put on the fingerprint doobry, and that was that, no questions, i had a stack of paperwork with me cos i was paranoid but i think that was the fastest i've ever been through the checkpoint! :thumbup:

So in summary - don't worry :)

Oh and as an additional bit of info, i had worried on the plane because they were checking to make sure people had completed their I94w online, but my ESTA approval was in 2009, back when paper I94ws were still being issued, so i hadnt done anything additionally online since then... no particular I94 thingy... but it was fine, again no question asked, all was well, so i assume older completed ESTAs within the 2 year validity cover it all.
um, hope that made sense!

Noorah101 Oct 5th 2010 12:34 am

Re: Visits whilst waiting for visa processing?
 

Originally Posted by bivlover (Post 8896718)
Hope someone can help. I'm aware that there is a sticky thread saying that in general there is no law against me visiting the US whilst waiting for the processing of my K1 fiance visa. Thanks to Meauxna :)

Can anyone point me in the direction of where I can find clarity on this issue?

There isn't anyplace. No one can guarantee your entry to the USA as a visitor, ever. You are allowed to try. It's up to the POE officer to let you in or not.


Also, what about the other way round - can my USC fiance visit me here in the UK while the process is happening?
Yes, she is allowed to visit you in the UK while the process is happening. Same issues apply. It will be up to the POE officer to let her in or not.


Does anyone know of any cases where travel has affected the visa application?
Don't worry, if either one of you gets turned away at the POE, it won't affect your K-1 process.


We are really badly missing each other :(:( but I don't want to go over and visit unless I can be sure that it won't affect the visa process.
You can be sure it won't affect the visa process. What you can't be sure of is whether you'll be allowed to enter the USA. No one can give you a guarantee.

Rene

Madelina Oct 5th 2010 12:38 am

Re: Visits whilst waiting for visa processing?
 
You're very right Rene and my experience is by no means indication that getting in without question is a sure thing... i should have tempered my enthusiasm a little :) I took along confirmation of return flight, K1 appointment letter, bank statement, copy of my house lease and pictures of the two children waiting for me back home, but i didnt have to use any of it. I'm glad i was prepared to be asked of my intentions though. it always pays to go prepared.

ian-mstm Oct 5th 2010 12:58 am

Re: Visits whilst waiting for visa processing?
 

Originally Posted by bivlover (Post 8896718)
Can anyone point me in the direction of where I can find clarity on this issue?

Here's clarity - the government can do only that which is specifically allowed by law. The general population can do anything other than what is specifically prohibited by law. Since there is no law preventing visits to the US (which is why you won't find anything about it) while a visa application is in process... ergo, it's perfectly legal to visit.

Ian

bivlover Oct 5th 2010 9:21 am

Re: Visits whilst waiting for visa processing?
 
Thanks for the replies everyone - and a variety of different ways of telling me what I needed to know.
Next problem is finding affordable plane tickets...;)


Originally Posted by madelina
Oh and as an additional bit of info, i had worried on the plane because they were checking to make sure people had completed their I94w online, but my ESTA approval was in 2009, back when paper I94ws were still being issued, so i hadnt done anything additionally online since then... no particular I94 thingy... but it was fine, again no question asked, all was well, so i assume older completed ESTAs within the 2 year validity cover it all.
um, hope that made sense!

...and you have inadvertently solved my next problem...thanks! :thumbsup:


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