Visiting the US while your visa is still processing

[Dave * Meredith 0]

Does anyone here have any experience of visiting the U.S. on a tourist visa or via the visa waiver program, while their K3 visa is still being processed? (with no intention to work - just visit)

If so, did you have much trouble with the immigration officer at the port of entry? What evidence did you take with you to convince them that you didn't plan to stay for good?

Thanks,

David

[A_I_S 0]

Does anyone here have any experience of visiting the U.S. on a tourist visa or via the visa waiver program, while their K3 visa is still being processed? (with no intention to work - just visit)

If so, did you have much trouble with the immigration officer at the port of entry? What evidence did you take with you to convince them that you didn't plan to stay for good?

Thanks,

David

The common wisdom dictates that you will be turned back.

1. If you apply for a tourist visa it specifically asks you on there if you have any relatives or family members in the US. If you check No and the "computer" matches your name to a USC you've just been caught at committing a fraud at the international level, so you can kiss your I-130 goodbye. If you check "Yes" then you've just given them reasons to not give you a visa because by the awesome power of logic that Dept of State employs you will simply come to the US and stay here and never leave, even though the K-3 is in progress. I know, you will risk your whole life on being with your S.O. for a month, at least that's what USDoS thinks.

2. If you go on a visa waiver program you must be prepared to be turned back at the border.

You essentially have to prove that you will have to leave the country when your tourist visa or period of stay expires.

Considering the already insane requirements "paystubs, real estate, etc" that US employs...I'd say that your chances are slim? If you want to do this you have to have a high paying job that you're working, with letter of employment and paystubs, as well as owning real estate in GB. Having a child who'd be staying back home would also work.

But again, be prepared to be turned back at the PoE.

[cris11 0]

David!

I’m planning to travel to US next month on my VW, for a short stay there. I had been in contact both with homeland security and the Us embassy in my country. They had give me the same info, its allow to travel to US when the case still pending, but its up to the immigrations officer at the airport to let you pass or not. They recommended me to have the proof that I plan to travel back, of course, I travel back! Why should I plan for future problems? If you search here at VJ, you can find many people who monthly travels to US, some of them are also from VW countries. Good luck to both of us.

[NickyMcMillan 0]

I went through three times. I had abit of a tough time once, but as long as your truthful, can prove strong ties to the UK (I took along a letter from my employer among other things) you should be ok. I went through US immigration in Dublin, so that if I was to be denied entry, it wouldn't be such a long way back.

But really nobody here can tell you if you will be denied entry or not. That will be completely down to the immigration officer. Until then, there is noway of knowing.

Good luck!

[D-&-J 0]

David,

My husband visited me for nearly a month this summer and didn't have any problems. He is from Italy so he just came on the VWP.

The POE was Newark and the customs officer was surprisingly nice. Before getting married, my husband visited the U.S. often and always complained about how rude the customs officers were.

My husband told the officer right away that he was here to visit his wife. They chatted about Italy and my husband explained that during August, work was slow so he decided to come visit. The officer asked my husband if he knew that we could apply for a visa since we were married. My husband replied that we had applied many months before but it was taking a long time. That was about it.

My husband brought all kinds of evidence of ties to Italy including titles to land and equipment, a copy of my airline ticket for my next visit to Italy, bank statements, business cards, e-mail correspondence showing upcoming appointments, etc. He didn't have to show any of this.

We recognized that we were risking the price of the plane ticket but decided it was worth it since this process has ended up taking longer than we expected. I have heard that there are U.S. POEs in Dublin and Shannon so you can pass through customs before you fly across the ocean. Since your spouse is from the UK, it might be something to consider (search the forums for more info). I searched these forums and couldn't find one instance of anyone being turned back at the border except for a few Canadians that visited a lot and I think they were driving over the border.

Best of luck!

Edited September 22, 2008 by Daniele & Jen

[payxibka 10,044]

Does anyone here have any experience of visiting the U.S. on a tourist visa or via the visa waiver program, while their K3 visa is still being processed? (with no intention to work - just visit)

If so, did you have much trouble with the immigration officer at the port of entry? What evidence did you take with you to convince them that you didn't plan to stay for good?

Thanks,

David

Need to talk to KimandRuss or wait for her to happen by....

[Damian P 92]

I searched these forums and couldn't find one instance of anyone being turned back at the border except for a few Canadians that visited a lot and I think they were driving over the border.

I wouldn't let Kim or Sunnybear read that, D&J!!!

Although now that their respective waits are almost over, I guess they can look back on it and smile.

[KimandRuss 0]

Ahhh talking about me when i'm not here....?

Of course you can visit... loads of people awaiting all kinds of visa's do it every day. Of course you need to bring ties to your home Country to show that you are not intending to immigrate but that's a given for anyone entering the U.S. really. Just moreso for those with a SO in the States.

Here is a post I replied to earlier today explaining my own circumstances and why my SO was denied entry.

This is also in the FAQ. It's relating to the K1 but the same rules apply.

All that being said, and as mentioned above, it has everything to do with the POE officer and his/her decision is final. Some POE and some POE officers are just more difficult than others. A simple VJ search for 'travel while waiting' will bring you tons of posts with good advice for getting through.

Might also be worth mentioning that, as long as you are honest and break no laws, being 'denied' will not effect your visa. My man is coming home in two days!

good luck

[D-&-J 0]

I searched these forums and couldn't find one instance of anyone being turned back at the border except for a few Canadians that visited a lot and I think they were driving over the border.

I wouldn't let Kim or Sunnybear read that, D&J!!!

Although now that their respective waits are almost over, I guess they can look back on it and smile.

I did not come across KimandRuss' experience when I was searching for accounts of people being turned away. Sunnybear post happened after my honey arrived so I didn't see that one either. Thanks for pointing them out. This process is so ridiculous but I'm so happy for these two couples that their waits are almost over! We are lucky to have this forum to share our experiences with each other and have something to base our decisions on. From reading the two accounts it seems two things can be learned: the more visits you make the more likely you are to be turned away, and that it is important to bring evidence of whatever ties (might have to get creative) you have to your country - just in case.

When my husband came to visit I was prepared for the possibility that I would be going back home that night without him. I was a nervous wreck until I saw him walk out of those doors at the airport!

I truly hope we all be united with our loved ones soon!

[Serendipity_ 0]

Does anyone here have any experience of visiting the U.S. on a tourist visa or via the visa waiver program, while their K3 visa is still being processed? (with no intention to work - just visit)

If so, did you have much trouble with the immigration officer at the port of entry? What evidence did you take with you to convince them that you didn't plan to stay for good?

Thanks,

David

I visit the US every weekend on the Visa waiver program and have been doing so for the last 2.5 yrs.

I drive across the border and as I don't have a airline ticket indicating my date of return, I always carry a file with me containing documents that show my ties to Canada

List of documents: (make sure to keep the file upto date)

1. Proof of employment, pay stubs
2. Utility Bills
3. Rental Contracts
4. Filed Income tax

Let me know if I can be of anymore help.

[2008N 0]

We got married in March 2007 in Kazkahstan and in November I have applied for a visit visa, and hard luck, it was rejected. We thought since now we are married it would be easy to go to the USA. I went 2 times before our marriage and got visas no problem. Now I hope that if we apply for CR1 it will not make a problem.

Good luck to all.

[payxibka 10,044]

I visit the US every weekend on the Visa waiver program and have been doing so for the last 2.5 yrs.

I drive across the border and as I don't have a airline ticket indicating my date of return, I always carry a file with me containing documents that show my ties to Canada

List of documents: (make sure to keep the file upto date)

1. Proof of employment, pay stubs
2. Utility Bills
3. Rental Contracts
4. Filed Income tax

Let me know if I can be of anymore help.

Ummmmm no you don't. Canada is not a participant in the VWP (like the UK is). Your travel is governed by special treaty between the US and Canada and while it has many similarities it is also a bit more generous.