Where does it say that one should not travel while the K1 is in process?
Oct 8th 2002, 3:35 am
#1
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Joined: Jul 2002
Posts: 267
Where does it say that one should not travel while the K1 is in process?
Out of curiosity, I was wondering which "Act" or what department of the US gov't (I'm assuming it is the INS) that states that a person awaiting a K1 or have issued a K1 cannot travel to the US unless they are using the K1 to enter the US?
I've read many posts stating that this is the case and that the POE INS Officer can refuse admission if they believe that you may not leave. I just find it hard to believe that going through all this paper work regarding the K1 process and spending the money to complete all that is needed doesn't show the INS that I will be going there "legally" in the near future anyways. If they think about it, if I were to enter a POE and hide the fact that I was going to get married, they would probably let me in, I would get married, file AOS and then they would probably deport me for lying at POE. So it's a no-win situation.
I've read many posts stating that this is the case and that the POE INS Officer can refuse admission if they believe that you may not leave. I just find it hard to believe that going through all this paper work regarding the K1 process and spending the money to complete all that is needed doesn't show the INS that I will be going there "legally" in the near future anyways. If they think about it, if I were to enter a POE and hide the fact that I was going to get married, they would probably let me in, I would get married, file AOS and then they would probably deport me for lying at POE. So it's a no-win situation.
Oct 8th 2002, 3:40 am
#2
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Joined: Sep 2002
Posts: 16,266
Re: Where does it say that one should not travel while the K1 is in process?
Originally posted by eiloo:
Out of curiosity, I was wondering which "Act" or what department of the US gov't (I'm assuming it is the INS) that states that a person awaiting a K1 or have issued a K1 cannot travel to the US unless they are using the K1 to enter the US?
I've read many posts stating that this is the case and that the POE INS Officer can refuse admission if they believe that you may not leave. I just find it hard to believe that going through all this paper work regarding the K1 process and spending the money to complete all that is needed doesn't show the INS that I will be going there "legally" in the near future anyways. If they think about it, if I were to enter a POE and hide the fact that I was going to get married, they would probably let me in, I would get married, file AOS and then they would probably deport me for lying at POE. So it's a no-win situation.
Out of curiosity, I was wondering which "Act" or what department of the US gov't (I'm assuming it is the INS) that states that a person awaiting a K1 or have issued a K1 cannot travel to the US unless they are using the K1 to enter the US?
I've read many posts stating that this is the case and that the POE INS Officer can refuse admission if they believe that you may not leave. I just find it hard to believe that going through all this paper work regarding the K1 process and spending the money to complete all that is needed doesn't show the INS that I will be going there "legally" in the near future anyways. If they think about it, if I were to enter a POE and hide the fact that I was going to get married, they would probably let me in, I would get married, file AOS and then they would probably deport me for lying at POE. So it's a no-win situation.
Its reading between the lines, so to speak. The very defintion of visitor can be found at 101(a)(15)(B) of the Immigration & Nationality Act. [BTW, the visa desinations for "non-immigrants" track 101(a)(15)]. A "B" visitor must have a home abroad which they do not intend to abandon.
A lot of immigration pricinples will be found in the definitions at 101(a).
Notionally speaking, a person with a K pending can visit -- but its risky and not to be recommended.
Oct 8th 2002, 5:29 am
#3
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Posts: n/a
Re: Where does it say that one should not travel while the K1 is in process?
In article , eiloo
writes
>Out of curiosity, I was wondering which "Act" or what department of the
>US gov't (I'm assuming it is the INS) that states that a person awaiting
>a K1 or have issued a K1 cannot travel to the US unless they are using
>the K1 to enter the US?
>I've read many posts stating that this is the case
I can't remember reading any stating this, but I can remember lots
stating
>and that the POE INS
>Officer can refuse admission if they believe that you may not leave.
As far as I know they have the ability to refuse admission for any type
of visa if they believe you won't leave.
On my third trip to the states in as many months I was questioned by the
INS and asked "when are you going to get married?" My answer that we
were going to fill out the K1 papers and submit them when I was back in
London seemed to be the correct answer, I got the feeling that any other
answer would have implied I was getting married that visit and wouldn't
have left.
--
paul
58-77 Sheffield 77-79 Coventry 79-88 Sheffield 88-97 Milton Keynes
97-99 London 99-00 Seattle 00-?? Fremont
writes
>Out of curiosity, I was wondering which "Act" or what department of the
>US gov't (I'm assuming it is the INS) that states that a person awaiting
>a K1 or have issued a K1 cannot travel to the US unless they are using
>the K1 to enter the US?
>I've read many posts stating that this is the case
I can't remember reading any stating this, but I can remember lots
stating
>and that the POE INS
>Officer can refuse admission if they believe that you may not leave.
As far as I know they have the ability to refuse admission for any type
of visa if they believe you won't leave.
On my third trip to the states in as many months I was questioned by the
INS and asked "when are you going to get married?" My answer that we
were going to fill out the K1 papers and submit them when I was back in
London seemed to be the correct answer, I got the feeling that any other
answer would have implied I was getting married that visit and wouldn't
have left.
--
paul
58-77 Sheffield 77-79 Coventry 79-88 Sheffield 88-97 Milton Keynes
97-99 London 99-00 Seattle 00-?? Fremont
Oct 8th 2002, 5:49 am
#4
Guest
Posts: n/a
Re: Where does it say that one should not travel while the K1 is in
eiloo wrote:
> Out of curiosity, I was wondering which "Act" or what department of the
> US gov't (I'm assuming it is the INS) that states that a person awaiting
> a K1 or have issued a K1 cannot travel to the US unless they are using
> the K1 to enter the US?
> I've read many posts stating that this is the case and that the POE INS
> Officer can refuse admission if they believe that you may not leave. I
> just find it hard to believe that going through all this paper work
> regarding the K1 process and spending the money to complete all that is
> needed doesn't show the INS that I will be going there "legally" in the
> near future anyways. If they think about it, if I were to enter a POE
> and hide the fact that I was going to get married, they would probably
> let me in, I would get married, file AOS and then they would probably
> deport me for lying at POE. So it's a no-win situation.
> --
> Posted via http://britishexpats.com
I do not know where it is said. But it makes common sense
not to do it. The K-1 visa will be in your passport pretty
quick. Do not give any reason to make them believe you are
staying on a Visa Waiver.
--
steg
> Out of curiosity, I was wondering which "Act" or what department of the
> US gov't (I'm assuming it is the INS) that states that a person awaiting
> a K1 or have issued a K1 cannot travel to the US unless they are using
> the K1 to enter the US?
> I've read many posts stating that this is the case and that the POE INS
> Officer can refuse admission if they believe that you may not leave. I
> just find it hard to believe that going through all this paper work
> regarding the K1 process and spending the money to complete all that is
> needed doesn't show the INS that I will be going there "legally" in the
> near future anyways. If they think about it, if I were to enter a POE
> and hide the fact that I was going to get married, they would probably
> let me in, I would get married, file AOS and then they would probably
> deport me for lying at POE. So it's a no-win situation.
> --
> Posted via http://britishexpats.com
I do not know where it is said. But it makes common sense
not to do it. The K-1 visa will be in your passport pretty
quick. Do not give any reason to make them believe you are
staying on a Visa Waiver.
--
steg
Oct 8th 2002, 6:42 am
#5
Guest
Posts: n/a
Re: Where does it say that one should not travel while the K1 is in process?
Folinskyinla wrote:
> Originally posted by eiloo:
>> Out of curiosity, I was wondering which "Act" or what department of
>> the US gov't (I'm assuming it is the INS) that states that a person
>> awaiting a K1 or have issued a K1 cannot travel to the US unless they
>> are using the K1 to enter the US?
> Notionally speaking, a person with a K pending can visit -- but its
> risky and not to be recommended.
I'm somewhat interested in the other side of that - can a person with a
K-1 visa _approved_ actually enter the country _without_ using it?
Here's the deal:
When it all gets approved etc and I fly to meet my fiancee, I can fly
Air Canada from Sydney to Toronto (I could be wrong), with a refuelling
stop in Hawaii, then take a plane from Toronto to Pittsburgh (which
potentially issues EAD stamps, hence the plan). But then I start thinking
that it would be nice to see a bit of Hawaii while I'm there, why not
make it a stopover? But I don't want to enter the country on my K-1
there, since then flying on to Toronto will mean I've breached the
conditions already... so could I enter in Hawaii on the VWP? I mean,
logically I wouldn't be a danger to stay in the country illegally, since
I have a K-1...
I expect that this plan is just somewhat too cunning for the INS to
allow, sadly.
Regards,
Barnes (in Melbourne, Australia)
> Originally posted by eiloo:
>> Out of curiosity, I was wondering which "Act" or what department of
>> the US gov't (I'm assuming it is the INS) that states that a person
>> awaiting a K1 or have issued a K1 cannot travel to the US unless they
>> are using the K1 to enter the US?
> Notionally speaking, a person with a K pending can visit -- but its
> risky and not to be recommended.
I'm somewhat interested in the other side of that - can a person with a
K-1 visa _approved_ actually enter the country _without_ using it?
Here's the deal:
When it all gets approved etc and I fly to meet my fiancee, I can fly
Air Canada from Sydney to Toronto (I could be wrong), with a refuelling
stop in Hawaii, then take a plane from Toronto to Pittsburgh (which
potentially issues EAD stamps, hence the plan). But then I start thinking
that it would be nice to see a bit of Hawaii while I'm there, why not
make it a stopover? But I don't want to enter the country on my K-1
there, since then flying on to Toronto will mean I've breached the
conditions already... so could I enter in Hawaii on the VWP? I mean,
logically I wouldn't be a danger to stay in the country illegally, since
I have a K-1...
I expect that this plan is just somewhat too cunning for the INS to
allow, sadly.
Regards,
Barnes (in Melbourne, Australia)
Oct 8th 2002, 7:00 am
#6
Guest
Posts: n/a
Re: Where does it say that one should not travel while the K1 is in
Barnes wrote:
> Folinskyinla wrote:
> > Originally posted by eiloo:
> >> Out of curiosity, I was wondering which "Act" or what department of
> >> the US gov't (I'm assuming it is the INS) that states that a person
> >> awaiting a K1 or have issued a K1 cannot travel to the US unless they
> >> are using the K1 to enter the US?
> > Notionally speaking, a person with a K pending can visit -- but its
> > risky and not to be recommended.
> I'm somewhat interested in the other side of that - can a person with a
> K-1 visa _approved_ actually enter the country _without_ using it?
> Here's the deal:
> When it all gets approved etc and I fly to meet my fiancee, I can fly
> Air Canada from Sydney to Toronto (I could be wrong), with a refuelling
> stop in Hawaii, then take a plane from Toronto to Pittsburgh (which
> potentially issues EAD stamps, hence the plan). But then I start thinking
> that it would be nice to see a bit of Hawaii while I'm there, why not
> make it a stopover? But I don't want to enter the country on my K-1
> there, since then flying on to Toronto will mean I've breached the
> conditions already... so could I enter in Hawaii on the VWP? I mean,
> logically I wouldn't be a danger to stay in the country illegally, since
> I have a K-1...
> I expect that this plan is just somewhat too cunning for the INS to
> allow, sadly.
> Regards,
> Barnes (in Melbourne, Australia)
In my case (Holland) I got my K-1 visa in my passport. You
show your passport to customs and they will wonder what the
hell you are doing. I understand your question, but on the
other hand, as soon as you get that K-1 visa, you need to
use it in 6 months I believe. Can't you wait? I tell you,
you are risking a lot of hassle.
--
steg
> Folinskyinla wrote:
> > Originally posted by eiloo:
> >> Out of curiosity, I was wondering which "Act" or what department of
> >> the US gov't (I'm assuming it is the INS) that states that a person
> >> awaiting a K1 or have issued a K1 cannot travel to the US unless they
> >> are using the K1 to enter the US?
> > Notionally speaking, a person with a K pending can visit -- but its
> > risky and not to be recommended.
> I'm somewhat interested in the other side of that - can a person with a
> K-1 visa _approved_ actually enter the country _without_ using it?
> Here's the deal:
> When it all gets approved etc and I fly to meet my fiancee, I can fly
> Air Canada from Sydney to Toronto (I could be wrong), with a refuelling
> stop in Hawaii, then take a plane from Toronto to Pittsburgh (which
> potentially issues EAD stamps, hence the plan). But then I start thinking
> that it would be nice to see a bit of Hawaii while I'm there, why not
> make it a stopover? But I don't want to enter the country on my K-1
> there, since then flying on to Toronto will mean I've breached the
> conditions already... so could I enter in Hawaii on the VWP? I mean,
> logically I wouldn't be a danger to stay in the country illegally, since
> I have a K-1...
> I expect that this plan is just somewhat too cunning for the INS to
> allow, sadly.
> Regards,
> Barnes (in Melbourne, Australia)
In my case (Holland) I got my K-1 visa in my passport. You
show your passport to customs and they will wonder what the
hell you are doing. I understand your question, but on the
other hand, as soon as you get that K-1 visa, you need to
use it in 6 months I believe. Can't you wait? I tell you,
you are risking a lot of hassle.
--
steg
