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Can the foreign fiancé(e) come to the U.S. for a visit during the K-1 Fiancé(e) Visa process?

Yes, the foreign fiancé(e) can visit but there are no guarantees that he/she will gain entry.

It is not illegal for the foreign fiancé(e) to enter the United States during the K-1 process. However, the burden of proof is on the visitor to show that they do not intend to remain illegally. Tourist visitors to the U.S. are expected to have sufficient funds to support themselves while in the U.S. The U.S. Customs and Border Protection (CBP) presumes that every alien entering the United States is an intended immigrant, unless proven otherwise. Therefore, it is vital that the visitor bring along valid proof-of-ties to their home country.

What kind of documents should the visitor bring to show intent to return to their home country?

Recommended documents to show intent to return to home country include (but are not limited to):

• Return ticket.
• Copy of lease/rental agreement or mortgage payments for housing.
• Letter of employment indicating expected date of return.
• Copy of class schedule or other pertinent documents if in school.
• If arriving on an extended stay, copy of bank statement showing sufficient funds to support yourself.
• If you do not appear to have the means to support yourself while in the U.S. a letter from whomever you will be staying with stating that they will be financially responsible for you during your stay.
• If you are leaving a child behind in the care of someone, a letter from them stating when you are expected to return.
• Copy of the K-1 application and any NOA(s) received.

How should the visitor respond to questions at the Port of Entry (POE)?

At the Port of Entry (POE), the visitor will be asked some basic questions. Here are some recommendations when responding to the officer:

• Answer each question directly and honestly.
• Provide answers only to the questions which are asked. Do not offer additional information unless requested to do so by the officer.
• Answer yes/no questions with only a "yes" or a "no". Do not provide additional information unless asked.

Additional Information:

Your foreign fiancé(e) should bring only the amount of clothing they will require for the length of the visit. If they are coming for a two week visit but are bringing enough items to cover a six month visit, they will give the appearance that they do not intend to return to their home country and risk being turned back.

If your foreign fiancé(e) is refused entry to the United States, it will be up to them to cover the cost of the return airfare. For this reason, you should look into having them fly out of an airport where the U.S. POE is stationed within that airport. Pre-clearance locations are limited. Here is a list of airports where pre-clearance is available.

The following links may prove helpful:

• VJ Thread: Yes, You Can Visit!
• Information for Canadian and Mexican Residents
• US Customs and Border Protection
• US Department of State – Travel
• US Embassy in London FAQ

Lo-Fi Version

Time is now: 21st November 2009 - 12:09 AM

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