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Filed: K-1 Visa Country: United Kingdom
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Posted

Hi,

My first post, so hopefully you guys can help.

I am about to have my K1 submitted by my American fiancee and looking at the timescales involved its going to be the end of 2009 by the time its approved. I need to travel to the US in March for 1 week for a friends wedding and also in June for 10 days for a holiday. Is this likely to be an issue given i am applying for a K1 Visa and if so, is there any way I can make sure i can get entry.

Thanks,

Filed: AOS (pnd) Country: New Zealand
Timeline
Posted

Yes, question is asked quite a bit so do some searching to find out what to bring to prove there is no intent to immigrate.

Also the rules are changing.... beginning Jan 12, 2009, VWP travellers will require an approved ESTA prior to boarding a carrier that will bring them to the US.

This approval does not guarantee that you will get into the Country. That decision is still up to the POE officer, however, it's likely that anything that would prevent you from entering would be caught early enough on to prevent being turned away.

Tell the truth, answer only what you are asked, bring ties to home and do not spend more time in the US than you do in your home Country.

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Filed: K-1 Visa Country: Moldova
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Posted

It should be fine if you travel on a tourist visa. My finace did it.

There is a chance that you could be denied a visa if you have to apply. If you are from the UK and don't need a visa, just be honest at the port of entry. The worst thing would be to get caught in a lie which could be considered visa fraud.

Filed: K-1 Visa Country: United Kingdom
Timeline
Posted
It should be fine if you travel on a tourist visa. My finace did it.

There is a chance that you could be denied a visa if you have to apply. If you are from the UK and don't need a visa, just be honest at the port of entry. The worst thing would be to get caught in a lie which could be considered visa fraud.

im kinda excited and scared , i am planning a trip out to the usa in 2 weeks, its my partners bday and his brother whom i am close to is having heart surgery, and the inugaration. If i get a letter from my boss including all his contact details all the documentation i need would it be ok> i didnt quite understand what the new laws mean.. but i really wanna see my partner, we missed christmas because the lawyer told me i couldnt fly over and because of work he couldnt come over to the UK

Filed: AOS (pnd) Country: New Zealand
Timeline
Posted

From the links above...

...all nationals or citizens of Visa Waiver Program (VWP) countries who plan to travel to the United States for temporary business or pleasure will require an approved ESTA prior to boarding a carrier to travel by air or sea to the United States under the VWP.

To apply for authorization to travel to the United States under the VWP, travelers will log on to the ESTA web-based system and complete an application online providing the biographical and eligibility information currently required on the paper I-94W form.

Starting in just over a week all VWP travellers will need to register their trips before travelling. It seems common sense that having an approved ESTA would seem to lessen your chances of being turned away at the border. ;)

That being said, having a US fiance (if they know about it) is likely to bring up the quesion of immigrant intent but it certainly does not stop you from being able to travel so i'm not sure why your lawyer told you that you could not come.

In most cases it's 'ok' but certainly not all.... My then fiance was turned away in Sept of '07 but he had been spending more time in the U.S. than he was in NZ and had no ties to his home Country. It kept us separated for a year :( but did not effect our K-1 at all.

You sound like you have good reason to travel. File with ESTA. Tell the truth. Don't overstay. Bring all the proof you can and have a wonderful time! :)

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Filed: K-1 Visa Country: United Kingdom
Timeline
Posted

I have been meaning to post since I arrived in the states on the 23rd December. I have been very busy with all the holiday stuff.

Anyway, I was very worried about being turned away at the POE as I have only small ties to the UK (contract worker and now living back at mums while my K1 is going through) I filled out the ESTA before I left and got authorised. I still had to fill out the VW document on the plane as the ESTA isn’t coming in until Jan 12th.

The plane trip was excruciating, milling over all the different questions and scenarios I may face. By the time I got to my POE officer I was a wreck. But she was perfectly nice to me. Asking who I was staying with I just said "my girl" then she asked how we met and I said "while I was playing in the US with my band last year" and she said how many days are you staying and I replied "90 days". Then she stamped my passport and told me to have a fantastic time. She didn’t ask to see anything from me. Not even a return ticket! It was a pleasant experience in the end, well easier then I imagined at least! So here I am in New York until March with my girl and we had a fantastic first Christmas together.

To sum up, I think people can be their own worst enemy in this situation. Answer the questions honestly, don’t panic and bring what supporting evidence of home ties you can…. Oh and smile!

Peace and love.

Gaz

Posted
I have been meaning to post since I arrived in the states on the 23rd December. I have been very busy with all the holiday stuff.

Anyway, I was very worried about being turned away at the POE as I have only small ties to the UK (contract worker and now living back at mums while my K1 is going through) I filled out the ESTA before I left and got authorised. I still had to fill out the VW document on the plane as the ESTA isn’t coming in until Jan 12th.

The plane trip was excruciating, milling over all the different questions and scenarios I may face. By the time I got to my POE officer I was a wreck. But she was perfectly nice to me. Asking who I was staying with I just said "my girl" then she asked how we met and I said "while I was playing in the US with my band last year" and she said how many days are you staying and I replied "90 days". Then she stamped my passport and told me to have a fantastic time. She didn’t ask to see anything from me. Not even a return ticket! It was a pleasant experience in the end, well easier then I imagined at least! So here I am in New York until March with my girl and we had a fantastic first Christmas together.

To sum up, I think people can be their own worst enemy in this situation. Answer the questions honestly, don’t panic and bring what supporting evidence of home ties you can…. Oh and smile!

Peace and love.

Gaz

I agree! I think we get too paranoid.

I travelled to US for 3 weeks in December 07 to spend Christmas & New Year with my fiance. I returned in Jan '08. I then went back in April '08 for 2 weeks, then I returned again in September & spent 90 days in US. I had no problems at POE.

I returned at the end of November. My fiance came to UK to spend Christmas '08 with me here. Luckily he can stay until 21st January. Our NAo2 is taking so long that I am actually considering going back on another 90 day tourist visa in March if we haven't heard anything as I've made no visits to States this year. I'm not too worried about it. :star:

K1

5/16/08:Received NA01

2/24/09: NA02 APPROVAL... finally, after 9 MONTHS & 8 DAYS!!

5/5/09 : Interview Date APPROVED!!!!

5/8/09: visa received

From NA01 to interview: 12 LONG MONTHS!!

07/23/09: received SSN

08/17/09: Passed Driving test

08/22/09: Married on beautiful Mackinac Island, MI

AOS

08/31/09: Mailed AOS Package

10/20/09: Received AP

10/21/09 Received EAD card

12/7/09 AOS APPROVED!

12/14/09: Green Card arrived in mail. Happy Days!

It's taken 18 months from applying for K1 to receipt of Green Card! Thank God it's over until 12/7/11

Here we go again...

ROC

09/14/11: Mailed I-751 to Vermont

09/19/11: NA01

10/14/11: Biometrics

7/2/12: Approved. New Card Ordered

7/7/12: Green Card received

Filed: Country: United Kingdom
Timeline
Posted
I still had to fill out the VW document on the plane as the ESTA isn't coming in until Jan 12th.

AFAIK, ESTA does not eliminate the need for an I-94W.....

Yeah, ESTA is not replacing the Visa Waiver Progam, it's just an additional security requirement.

 
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