Traveling on visa waiver while waiting for k1 approval

[William and Betsy 40]

Hello guys, so me and my fiancee filled a k1 visa in August and got our noa1 august 17.  We realized (as well as a bunch of people), that the processing times are taking longer than expected. Our estimated noa2 started on January 2nd and right now is estimated mid February ( which by the way things are going I wouldn't get surprised getting it only at march). 

 

It's been one year since we met today and this whole distance (especially now with a 4h time zone) is exhausting us. We haven't seen each other since January 31s this year. So we have been considering another trip for us to be together while also waiting for the noa2, so we would be able to "kill" two of these waiting months at least together. After the noa2 gets approved, I would of course return for the interview and final arrangements and less than 2 months I'd be there again. So from the +- 5 6 months ahead of us we could be 2 of those together. 

 

The thing is and i ask if anyone has any experience or advice on this, I would be arriving at her city (Chicago), only with the returning ticket, our k1 package, our noa1, and possibly two letters, one from her stating that I'm her fiance, that I'm going to visit for 60 days, that we will be staying at her mom's house, etc and the other from her mom also saying I will be a guest in her house for that period. I don"t have anything to be considered a definite tie here in Brazil, I'm already on an immigratory process so I don't see how that would add much either way.

 

So overall I'm just not sure if we try this or not because it will basically be my word and our k1 package with the letters. The worst thing it can happen is me getting sent back and lose some cash, and if that happens my fiancee would try to come here for a short stay (8 days).

 

Any thoughts guys?

 

*Sorry for the long text

[C-ma'am 684]

You may or may not be turned around at the POE. No one here can really say. It's up to the CBP officer and that includes taking in consideration the side of the bed they got up from.

 

Not having any ties to Brazil and a clear intent to immigrate (you are waiting on a K1) surely will play against you BUT, at the same time, they may let you right in.

 

You can give it a whirl or you could consider taking a vacation in a 3rd country, maybe? Say, go to Mexico for a week?

[William and Betsy 40]

26 minutes ago, C-ma'am said:

You may or may not be turned around at the POE. No one here can really say. It's up to the CBP officer and that includes taking in consideration the side of the bed they got up from.

 

Not having any ties to Brazil and a clear intent to immigrate (you are waiting on a K1) surely will play against you BUT, at the same time, they may let you right in.

 

You can give it a whirl or you could consider taking a vacation in a 3rd country, maybe? Say, go to Mexico for a week?

Yeah the thing is we want to expend the most we can together. She could come to Brazil for around a week and a half too. But between 2 months and a week, there's no doubt we would go for 2 months, also the ticket price would basically be the same. And i guess you are right there's no truly way to know until i'm there face to face with the officer.

[C-ma'am 684]

1 minute ago, William and Betsy said:

Yeah the thing is we want to expend the most we can together. She could come to Brazil for around a week and a half too. But between 2 months and a week, there's no doubt we would go for 2 months, also the ticket price would basically be the same. And i guess you are right there's no truly way to know until i'm there face to face with the officer.

Yeah, unfortunately, it's one of those things you will have to go through in order to find out.  My only suggestion is to reply to their questions truthfully but do not volunteer information.

 

CBP: What's the purpose of your visit?

- Vacation

CBP: Who are you visiting?

- My fiancee

CBP: How long do you plan on staying?

-60 days

CBP: I see a K1 petition on file.

-Yes sir/ma'am, we are waiting for approval. I'm visiting in the meantime.

 

Answer only what asked and do not try to elaborate.

 

 

 

 

 

 

[AussieTam 48]

I visited my now Husband June/July this year and moved here on my K1 in September. We had booked a holiday in Hawaii as part of my stay so I was obviously here for tourism purposes . They did ask a few questions but I answered all honestly . Hopefully you don't have a problem. 

[William and Betsy 40]

19 minutes ago, AussieTam said:

I visited my now Husband June/July this year and moved here on my K1 in September. We had booked a holiday in Hawaii as part of my stay so I was obviously here for tourism purposes . They did ask a few questions but I answered all honestly . Hopefully you don't have a problem. 

Thank you! This calms me a bit! 

Did you have to show your k1 package or they just asked questions?

[C-ma'am 684]

14 hours ago, William and Betsy said:

Thank you! This calms me a bit! 

Did you have to show your k1 package or they just asked questions?

Speaking of that. Do not bring the packet, if you want to show proof of K1 only carry a copy of the NOA1. I would say you carry the file in your phone or saved in your Google docs where you can access it if asked. Remember not to show anything unless asked for it, do not volunteer to show the document.

 

Bringing any other type of documents my raise red flags for them that you'll try to marry and adjust while in the US.

[AnaUmo 419]

There's an entire thread based on this topic:

 

 

Basically yes you can. You'll need proof of ties such as children in your home country, a job that you've been at for quite a while and such. Also be weary of the POE you use. Some have higher "harassment" levels than others (eg: JFK) so I'd advise reading POE reviews as well: http://www.visajourney.com/reviews/

 

Good luck!

 

[AussieTam 48]

On 11/16/2017 at 6:20 PM, William and Betsy said:

Thank you! This calms me a bit! 

Did you have to show your k1 package or they just asked questions?

I didn't bring anything other than my return ticket and proof of the cruise we booked . As long as you are going with tourism as your reason you will be fine.  Especially if it's to spend holidays with your significant other.

[AnaUmo 419]

On 11/18/2017 at 6:07 PM, AussieTam said:

I didn't bring anything other than my return ticket and proof of the cruise we booked . As long as you are going with tourism as your reason you will be fine.  Especially if it's to spend holidays with your significant other.

Not necessarily... If you are asked who you are visiting then you can run into issues depending on the officer. Some people get lucky... others don't...

[William and Betsy 40]

Thank you all guys! I appreciate all the help! I got my ticket for january 20 and i will return march 28. My noa2 approve date is estimated to be mid february, so i would return and go directly to the interview ( it will take +- 1 month for the process to be at my embassy). I will keep you guys updated when the time comes! 

Wish me luck!!!

[Sarah&Facundo 576]

My fiance was in the US between receiving the Noa1 and Noa2. He was also here again after the Noa2. He was completely honest with anything asked and had 0 problems at JFK (which is considered more difficult to pass)

[AussieTam 48]

14 hours ago, William and Betsy said:

Thank you all guys! I appreciate all the help! I got my ticket for january 20 and i will return march 28. My noa2 approve date is estimated to be mid february, so i would return and go directly to the interview ( it will take +- 1 month for the process to be at my embassy). I will keep you guys updated when the time comes! 

Wish me luck!!!

Good luck , I hope all goes well

[William and Betsy 40]

Hey guys!

Just a quick update, everything went super well, at the airport, i was only asked when I'd return, how did we meet and if I've been in the US before. It was super smooth!!