Visiting while waiting for K1 & how long?

[Le&Dy 3]

Hi All. My Fiancé applied for a K1 Visa for me in March and I'm hoping to get some insight from others in the same position - I know it's early days for us compared to some of you and I realize the current processing times are showing 5 - 7 months, but I also see case inquiries are back in November so I'm just wondering how long everyone's been waiting? I am a freelance designer so am able to work pretty much anywhere with my Australian clients, so I had been going back and forth between Australia and the US staying for 2weeks - 3months at a time (on a B1 tourist visa I attained a few years ago when I backpacked the US) But on my last visit to the US in January I was taken in for questioning and told it didn't look good that I was spending so much time there and I was only able to stay for 1 month and told that we needed to find an alternative arrangement if we wanted to continue our relationship, and so we got engaged (love also had something to do with it haha). So now I'm back in Australia waiting and continuously checking our visa status (a useless and heartbreaking process). Going 7+ months apart is looking extremely excruciating so I'd love to be able to go over midway for a few weeks to spend some time together but I'm scared they won't let me in with my history. Any ideas? How long is the process taking for others? Thanks and good luck everyone!

Edited June 7, 2018 by Le&Dy

[Roel 7,191]

Of course they might deny you entry. You already have been warned. 

 

But you also might be let in without issues. 

Honesly no one will know here. 

 

Current waiting times are more like 8 months to 12 months. 

 

You're not the first nor the last one to wait and be away from your partner.

[Le&Dy 3]

 

25 minutes ago, Roel said:

Of course they might deny you entry. You already have been warned. 

 

But you also might be let in without issues. 

Honesly no one will know here. 

 

Current waiting times are more like 8 months to 12 months. 

 

You're not the first nor the last one to wait and be away from your partner.

2

Thanks Roel. After reading through posts I thought it may be more like 8 - 12months. I wish there was some sort of bridging visa that allowed those waiting to be with their partners until the next step. It's a difficult process for us all. Thanks for taking the time to respond.

[Le&Dy 3]

11 minutes ago, Dee elle said:

Keep your trip length short... weeks month months.. take evidence of returning to Australia.. work contracts, rental or mortgage commitments .. you are almost 6 months since your last visit so that is a positive. 

In reality no one can guarantee but the advice given by the CPB last time has been followed.. you are moving forward with your relationship by legal methods.. don’t carry any paperwork like birth certificates etc that could be construed as proof of intention to stay.. good luck 

 

Thanks Dee Elle. I work for myself and am currently living with family so I don't have much backing me as evidence of returning. Feels like a huge gamble trying to go back over so much to think about. Thanks for your response and advice.

[fip & jim 452]

Can your fiance visit you? I don't know how strict Australian customs is. My fiance has visited me in the UK twice as much as I've visited him. It's much easier for him to get in the UK, he doesn't need an ESTA. It's helped us bridge the gap by pacing our time apart in to manageable chunks. Or meet somewhere neutral for a holiday?

[ST_RO 300]

3 hours ago, Le&Dy said:

Thanks Dee Elle. I work for myself and am currently living with family so I don't have much backing me as evidence of returning. Feels like a huge gamble trying to go back over so much to think about. Thanks for your response and advice.

I have visited on ESTA three times since December, never had any issues. After filing for the K1 I visited for 4 weeks in April. At POE I was asked for the purpose of my visit and I thruthfully answered "to visit my fiancé". The officer asked me how long I'm staying and that's it. I was prepared to tell her that we filed for the K1 and are following the process and therefore I have no intention of staying (why would you throw several hundred dollars out the window in February to then just stay in the US two months later and risk being deported...oh well...). All I had on me was a letter from my employee stating that I am still employed and expected back at my office on date xx. Since you work for yourself, maybe you can provide current bank statements (showing you have clients that are paying you) or orders that you have received for future work, insurance contracts, rental contract, etc. In my opinion you don't have to worry too much about being able to enter. As unfortunate as it is, but I assume that beneficiaries from countries that have a hard and long time getting approved will experience a hassle, not you. That said, there never is any guarantee of being granted entry, but that goes for everyone, even without a pending visa application. 

[Crazy Cat 39,140]

4 hours ago, Le&Dy said:

But on my last visit to the US in January I was taken in for questioning and told it didn't look good that I was spending so much time there

"A word to the wise is sufficient"-  You have been warned, so you are at risk for denial on any visit.  Many, many of us have/had been apart from our spouse for more than a year during the process. It's just part of the process due to the enormous number of petitions submitted each month. Patience and staying busy is the key for this process.

Good luck in your journey.

[Boiler 43,363]

Sounds like you have been working in the US which is a no no.

[Le&Dy 3]

1 hour ago, ST_RO said:

I have visited on ESTA three times since December, never had any issues. After filing for the K1 I visited for 4 weeks in April. At POE I was asked for the purpose of my visit and I thruthfully answered "to visit my fiancé". The officer asked me how long I'm staying and that's it. I was prepared to tell her that we filed for the K1 and are following the process and therefore I have no intention of staying (why would you throw several hundred dollars out the window in February to then just stay in the US two months later and risk being deported...oh well...). All I had on me was a letter from my employee stating that I am still employed and expected back at my office on date xx. Since you work for yourself, maybe you can provide current bank statements (showing you have clients that are paying you) or orders that you have received for future work, insurance contracts, rental contract, etc. In my opinion you don't have to worry too much about being able to enter. As unfortunate as it is, but I assume that beneficiaries from countries that have a hard and long time getting approved will experience a hassle, not you. That said, there never is any guarantee of being granted entry, but that goes for everyone, even without a pending visa application. 

Thanks for your response ST_RO. Gives me a bit of faith that I might get in.

[Le&Dy 3]

35 minutes ago, missileman said:

"A word to the wise is sufficient"-  You have been warned, so you are at risk for denial on any visit.  Many, many of us have/had been apart from our spouse for more than a year during the process. It's just part of the process due to the enormous number of petitions submitted each month. Patience and staying busy is the key for this process.

Good luck in your journey.

Thanks Missileman. I was warned but we have also done the right thing and respected what I was told. But I can see it would be a huge gamble. Thanks for your response!

[Le&Dy 3]

14 minutes ago, Boiler said:

Sounds like you have been working in the US which is a no no.

Well that's what they accused me of and tried to pressure me into "confessing". But I really don't think I did anything wrong. Any work I did while in the US was online for my Australian clients, paying in Australian dollars into an Australian bank account which I pay Australian taxes on. They sure made me feel like a criminal none the less though.

[Le&Dy 3]

3 hours ago, fip & jim said:

Can your fiance visit you? I don't know how strict Australian customs is. My fiance has visited me in the UK twice as much as I've visited him. It's much easier for him to get in the UK, he doesn't need an ESTA. It's helped us bridge the gap by pacing our time apart in to manageable chunks. Or meet somewhere neutral for a holiday?

Thanks for the tip fip & Jim. I think that might be our best bet if he can get some time off.

[Boiler 43,363]

9 minutes ago, Le&Dy said:

Well that's what they accused me of and tried to pressure me into "confessing". But I really don't think I did anything wrong. Any work I did while in the US was online for my Australian clients, paying in Australian dollars into an Australian bank account which I pay Australian taxes on. They sure made me feel like a criminal none the less though.

You were working whilst in the US.

 

As a visitor.

 

Makes me wonder why you went for the K1 and the long delay in getting EAD.

[Le&Dy 3]

25 minutes ago, Boiler said:

You were working whilst in the US.

 

As a visitor.

 

Makes me wonder why you went for the K1 and the long delay in getting EAD.

Didn't really see another option?

[geowrian 22,335]

37 minutes ago, Le&Dy said:

Well that's what they accused me of and tried to pressure me into "confessing". But I really don't think I did anything wrong. Any work I did while in the US was online for my Australian clients, paying in Australian dollars into an Australian bank account which I pay Australian taxes on. They sure made me feel like a criminal none the less though.

What you did is in a gray area. Those CBP officers seem to believe your circumstances was crossing the line into unauthorized work while inside the US.

1 minute ago, Le&Dy said:

Didn't really see another option?

Visit your partner and see the country?