Looking for some advice

[Officer's Fiance 0]

Ok- here is the deal... I'm flying down to Virginia next week to visit my fiance for 11 days, and we plan on sending in the K-1 while I'm there. I've been doing TONS of reading on VJ and hearing that in some cases at POE they will deny you if you have a K-1 in limbo..... and this kind of bites, cause I already have my ticket for another vacation in August and then again for Cdn Thxgiving in Oct. So, now I'm having second thoughts about the whole thing and thinking maybe we should just wait and file K-1 in August.... since I am not planning on moving down to the US until next July. (He is being deployed in Jan for 6 months). But with all the delays right now in filing, I really hoped to get everything send ASAP.

Question is, I can gather enough evidence that I will be returning home (I have a mortgage, I can get letter from employer, show that I have a Dr.'s apt...etc), but do you think they can still deny me? Ahhhhh, decisions, decisions.....

Anyway, I'm travelling via Ottawa airport, so I actually go through customs in Ottawa prior to landing in the US. Does someone have an experience where they had evidence of returning and STILL got denied?

Thanks,

Tanya

[zyggy 9]

Ok- here is the deal... I'm flying down to Virginia next week to visit my fiance for 11 days, and we plan on sending in the K-1 while I'm there. I've been doing TONS of reading on VJ and hearing that in some cases at POE they will deny you if you have a K-1 in limbo..... and this kind of bites, cause I already have my ticket for another vacation in August and then again for Cdn Thxgiving in Oct. So, now I'm having second thoughts about the whole thing and thinking maybe we should just wait and file K-1 in August.... since I am not planning on moving down to the US until next July. (He is being deployed in Jan for 6 months). But with all the delays right now in filing, I really hoped to get everything send ASAP.

Question is, I can gather enough evidence that I will be returning home (I have a mortgage, I can get letter from employer, show that I have a Dr.'s apt...etc), but do you think they can still deny me? Ahhhhh, decisions, decisions.....

Anyway, I'm travelling via Ottawa airport, so I actually go through customs in Ottawa prior to landing in the US. Does someone have an experience where they had evidence of returning and STILL got denied?

Thanks,

Tanya

As a former POE officer, I can tell you with certainty that no one (not the consulate, not the person that you may call at the POE, etc.) can tell you with certainty what will happen at the POE because there are too many factors involved... There are thousands of POE officers and each of them may have completely different reactions and ideas about how to handle your situation.

But the facts are these...

1) One can only be admissible to the US under a tourist status if they are indeed intending to enter the US under the terms of the status. That is stay in the US for no more than 6 months and return home.

2) One is not admissible to the US if they have the intent on immigrating to the US and staying unless that have a visa that provides for that (K-1, K-2, CR-1). Actually the presumption in law that that every alien has the intention to stay and it is the responsibility of the alien to prove to the satisfaction of the CBP officer that this is not the case. This is known as the INA 214B provision.

3) Once a I-129F is filed, you have put the USCIS and therefore CBP on notice that you have a significant tie to the US that would give you reason to stay past the terms of your visitor status...

So when you go to the POE, you have the higher bar of proving to the CBP Officer that you have no intention of immigrating to the US during that entry. Bring proof of your ties to Canada that would require you return home is a good thing to bring. But ultimately the best proof you have is yourself and how you react to and your answers to the questions that the CBP Officer asks of you.

So all in all, yes, there is a greater risk to yourself that you will be denied at the POE.. but you can't win if you don't play... I wouldn't cancel my travel plans on what could happen.. just be prepared and answer the questions truthfully. If they deny you, they deny you.. but let the CBP make the decision, not you by changing your travel plans...

[Kathryn41 3,205]

I travelled to visit my fiance a number of times while we were waiting for the I-129F to be processed and he travelled to visit me. I had no problems at the border but made sure I carried a packet of information with me each time showing my ties to Canada: - rent receipts, insurance contracts on apartment and car; car ownership title; veterinary records for my pets, utility bills, bank statement, pay cheque and business cards, copy of medical claims submitted for reimbursement from insurer, etc. I also had my return air flight ticket. I was stopped once and directed to secondary where they went through everything very thoroughly, asked me a few questions then wished me a happy trip and let me in. Personally, I think evidence of the K-1 - I also carried with me a copy of the application - indicates an intent to observe immigration regulations and obtain the necessary visa rather than an intent to bypass immigration protocol. Good luck.

[hockeygal 0]

I've crossed the border twice now with the visa in process and will do so again tomorrow. Haven't had a problem (ever in my life actually) but I am aware it could change. I only carry a letter from my employer, and I haven't had to show it yet, but I keep it with me.

I wouldn't hesitate to file if I were you, because you will probably plan more trips after these in the future and you will always have the same "what if" situation.

PS - my guy's an officer too

Edited June 21, 2006 by hockeygal

[A-PhiJill 0]

Norfolk, VA was my dad's last station place (he is retired Navy)! I grew up in VA Beach!

/end hijack