Moving fiancee' here on B-2 while awaiting K-1

[payxibka 10,044]

There is much debate as to whether the CBP officer can see the pending petition information... some believe yes, others will say no.

[TBoneTX 43,422]

Customs does not deny entry....

Hmmm...: http://www.ice.gov/about/

Your point? payxiba is still right....

Just pointing out that ICE is one umbrella organization.

The inspection process is done by the CBP.... A two step process 1) immigration or passport control (where entry denial is made) & 2) Customs inspection.

Hmm...:http://www.cbp.gov/xp/cgov/about/mission/cbp_is.xml

And, it can be but is not always a two-step process. I have crossed dozens of times when one agent has served both functions simultaneously, usually but not always at smaller POEs.

Did I say a two man process?

Could the earlier poster have perhaps used "customs" as the vernacular shorthand for "Customs & Border Protection," or for "Immigration & Customs Enforcement"?

[payxibka 10,044]

Customs does not deny entry....

Hmmm...: http://www.ice.gov/about/

Your point? payxiba is still right....

Just pointing out that ICE is one umbrella organization.

The inspection process is done by the CBP.... A two step process 1) immigration or passport control (where entry denial is made) & 2) Customs inspection.

Hmm...:http://www.cbp.gov/xp/cgov/about/mission/cbp_is.xml

And, it can be but is not always a two-step process. I have crossed dozens of times when one agent has served both functions simultaneously, usually but not always at smaller POEs.

Did I say a two man process?

Could the earlier poster have perhaps used "customs" as the vernacular shorthand for "Customs & Border Protection," or for "Immigration & Customs Enforcement"?

maybe the former but the latter would be WRONG!!!

[ruby_mtl 0]

One option we've been discussing since I first posted this is to have her come to the US on her B-2 as soon as her K-1 is approved. She would stay on her B-2 (assuming they let her in using it of course) for the maximum period of time of 3 months. Then she could return to Russia to wrap up any lose ends, returning to the U.S. on her K-1. The effect would be to have 6 months of living together to plan our wedding as opposed to only the 3 months the K-1 allows.

Chances are HIGH that once her K-1 paperwork is in the system she could be denied entry - why? as you know, it is always hard for a single Russian female to get a B2 in the first place, precisely because of the risk as it refers to intent to immigrate. This only gives a bigger red flag. If you decide to risk it, she needs to be prepared to show STRONG ties to Russia every time she attempts entering the US (as in apartment lease, mortgage or the like; letter from employer expecting her back; etc.). And even with strong ties, she can always be denied entry because her intent is indeed to immigrate.

Good luck

Len makes good points. Showing the strong ties can be tricky. I will experience it soon as I will TRY to go to NY for Thanksgiving with our daughters. My fiancé lives in Albany, NY which is only 3-4hours from Montreal. I will go with my mortgage papers, bills, etc. but we know that there are still a chance that they'll turn us back....we also have a wedding to attend to in April...we'll keep our fingers crossed!

Your fiancée could always try to travel walking with all her evidence of course, but be prepared to the fact that she might not be allowed in....it's frustrating, but it's the reality! Good luck!!

[jundp 191]

One option we've been discussing since I first posted this is to have her come to the US on her B-2 as soon as her K-1 is approved. She would stay on her B-2 (assuming they let her in using it of course) for the maximum period of time of 3 months. Then she could return to Russia to wrap up any lose ends, returning to the U.S. on her K-1. The effect would be to have 6 months of living together to plan our wedding as opposed to only the 3 months the K-1 allows.

Are there potential complications with her entering on a B2 once the K1 has been issued? I don't know enough about this, so I am not acting as an expert here or giving advice, merely bringing up another potential complication. If she has already received her K1 and she enters the country with another visa, will this present a problem?

[Chica Yeyé 41]

Exactly ruby --- and of coming from Canada crossing is a royal pain in the @ss; can you imagine from Russia? Hours of flight to be denied at POE? Quite risky.

[payxibka 10,044]

One option we've been discussing since I first posted this is to have her come to the US on her B-2 as soon as her K-1 is approved. She would stay on her B-2 (assuming they let her in using it of course) for the maximum period of time of 3 months. Then she could return to Russia to wrap up any lose ends, returning to the U.S. on her K-1. The effect would be to have 6 months of living together to plan our wedding as opposed to only the 3 months the K-1 allows.

Are there potential complications with her entering on a B2 once the K1 has been issued? I don't know enough about this, so I am not acting as an expert here or giving advice, merely bringing up another potential complication. If she has already received her K1 and she enters the country with another visa, will this present a problem?

I see no entry problem, the risk is that entry would be granted as K-1 and not B-2....

[R de la R 2]

One option we've been discussing since I first posted this is to have her come to the US on her B-2 as soon as her K-1 is approved. She would stay on her B-2 (assuming they let her in using it of course) for the maximum period of time of 3 months. Then she could return to Russia to wrap up any lose ends, returning to the U.S. on her K-1. The effect would be to have 6 months of living together to plan our wedding as opposed to only the 3 months the K-1 allows.

I don´t think there is an option here, once she would get the K1 visa approved, it is going to be stamped in her passport and the B2 visa is going to be cancelled, so she won´t be able to use it. K1 visa for entering and 90 days for getting marry.

Also while she is waiting for the approval they can deny the enter to US. All the information is going to be in the computer systems and red flags can come up.

[Chica Yeyé 41]

One option we've been discussing since I first posted this is to have her come to the US on her B-2 as soon as her K-1 is approved. She would stay on her B-2 (assuming they let her in using it of course) for the maximum period of time of 3 months. Then she could return to Russia to wrap up any lose ends, returning to the U.S. on her K-1. The effect would be to have 6 months of living together to plan our wedding as opposed to only the 3 months the K-1 allows.

I don´t think there is an option here, once she would get the K1 visa approved, it is going to be stamped in her passport and the B2 visa is going to be cancelled, so she won´t be able to use it. K1 visa for entering and 90 days for getting marry.

Also while she is waiting for the approval they can deny the enter to US. All the information is going to be in the computer systems and red flags can come up.

You are exactly right. The K-1 has a time limit to be activated; and once activated, you have 90 days to get married.

[Gage 2]

One option we've been discussing since I first posted this is to have her come to the US on her B-2 as soon as her K-1 is approved. She would stay on her B-2 (assuming they let her in using it of course) for the maximum period of time of 3 months. Then she could return to Russia to wrap up any lose ends, returning to the U.S. on her K-1. The effect would be to have 6 months of living together to plan our wedding as opposed to only the 3 months the K-1 allows.

I don´t think there is an option here, once she would get the K1 visa approved, it is going to be stamped in her passport and the B2 visa is going to be cancelled, so she won´t be able to use it. K1 visa for entering and 90 days for getting marry.

Also while she is waiting for the approval they can deny the enter to US. All the information is going to be in the computer systems and red flags can come up.

I guess I didn't realize that getting one visa automatically canceled all previous visas. If true, I guess it makes sense, as there's probably not too many reasons to have more than one kind. The only exception I can think of is a frequent business traveler having a business visa as well as a tourist visa.

It sounds like the only way we could make it work is if she came on her B-2 at some point before the K-1 was approved (and hope the agent at the POE didn't give her flack). If the K-1 and B-2 were allowed to simultaneously exist in her passport, I can see where they would refuse her entry on the B-2, and only allow her to use the K-1.

[chris4gretchen 1]

The effect would be to have 6 months of living together to plan our wedding as opposed to only the 3 months the K-1 allows.

Her visa is good for 6 months. You and she can take that long before you have her come to the USA on the K1. Once she enters the USA on the K1 visa, you have 90 days to get married. So take up to 6 months planning your wedding with her in Russia, then once you have it all planned , have her enter and then get married within the 90 days.

And the denial on her using the B2, will probably come from her "moving to USA" while processign the K1. That will be frowned upon and could result in her denial to enter until the K1 is approved. She will need to look like she is not moving here permanently with a quick trip back to russia for a medical and interview formality.

Chris

Edited October 16, 2008 by chris4gretchen

[R de la R 2]

I guess I didn't realize that getting one visa automatically canceled all previous visas. If true, I guess it makes sense, as there's probably not too many reasons to have more than one kind. The only exception I can think of is a frequent business traveler having a business visa as well as a tourist visa.

There is not exception it is a visa clasification that is different, each visa has a letter and number assigned for this case, for frequent business traveler having a business visa as well as a tourist visa

they assign a combination of B1/B2 visa. B1 is for business and B2 is for pleasure.

I have it stamped in my passport that is way I handle this information. Each visa type has a purpose

[Ed+Cindy 1]

Based on what my lawyer told me, CBP cannot see that a K-1 petition has been filed. That would mean that if you have been able to enter as a visitor before, you have a good chance of getting in this time. I would speak as little as possible and not mention you are visiting a fiance unless you have to (don't lie, but say as little as possible).

However, my fiancee was denied entry. We made the mistake (in hindsight) of trying to enter by land together. We were both visiting Victoria, BC and tried to travel down to Portland. Once they realized we were a couple, they started bullying us (beyond being unprofessional). Since then, we had a lawyer put together a very strong case for my fiancee's visit over the holidays. It didn't work. The case was bulletproof, but the CBP officers disregarded the law, because of the previous entry attempt.

Several things I now know:

* The border from Canada (Vancoiuver) is one of the toughest, rudest and unprofessional crossings. Since this happened to us, we have heard of numerous other stories

* We were too nice to the first officers and too honest about our intentions. My fiancee wanted to spend the duration of her B1/B2 in Oregon with me, until she either had to return for the K-1 or her 6 month stay was up.

* Once you are denied, or flagged in the system, forget it. There is no appeals process for CBP denials, so they have no accountability and can do what they want, regardless of the law.

* We did not research everything enough beforehand.

* Don't travel from a 3rd country.

I now have to travel to see her, which is much more difficult than her traveling here. After living together for years in Auckland, we will now be apart until the K-1 is done processing.

[maggieNomar 0]

As long as you are aware of the possibilities of her being denied, and you have a back up plan for it, then go for it. I think people are just trying to point out all angles so you can make the best decision for you. Once the K1 is in the system they can deny despite all the proof of ties if they are so inclined. They are the government. Good luck.

[pushbrk 12,234]

One option we've been discussing since I first posted this is to have her come to the US on her B-2 as soon as her K-1 is approved. She would stay on her B-2 (assuming they let her in using it of course) for the maximum period of time of 3 months. Then she could return to Russia to wrap up any lose ends, returning to the U.S. on her K-1. The effect would be to have 6 months of living together to plan our wedding as opposed to only the 3 months the K-1 allows.

Are there potential complications with her entering on a B2 once the K1 has been issued? I don't know enough about this, so I am not acting as an expert here or giving advice, merely bringing up another potential complication. If she has already received her K1 and she enters the country with another visa, will this present a problem?

More like impossibilities. They may even invalidate the B2 visa when the K1 is placed in the passport. The K1 process includes immigrant intent. You enter one time using the K1 visa, then must marry and receive advance parole or LPR status before you can enter the US again legally. There is no option to enter with another visa, except to go through the K3 or CR1 process as some have done as a result of leaving without advance parole.