Coming into America during K-1 process

[Lyslinn 0]

Hi, my fiance is from canada and we are afraid are visa won't come through in time for our wedding. So we've been tossing around the idea of him coming into the US for a non-legal wedding ceremony , returning to Canada then coming back once he has the visa for a legal marriage.

My question for you all is if any of you have done this?

Is it even allowed?

My attorney told me that she advises against entering the US during our visa process because he could be denied which could cause problems later on, is this true? If he's denied it effects our visa?

Hoping someone else has done this and can shed some light and hopefully ease my mind. Thanks in advance.

[A-PhiJill 0]

When is the wedding date?

The marriage would be legal whether ya had the visa or not. We got married before we filed anything

[Lyslinn 0]

When is the wedding date?

The marriage would be legal whether ya had the visa or not. We got married before we filed anything

It's august 26.

We don't plan on getting the legal wedding, just doing the religious ceremony (unless he has his visa) I just want to know if it's allowed to come in for that and go back without voiding the visa or having to start the process over again, etc.

[ridley 0]

When is the wedding date?

The marriage would be legal whether ya had the visa or not. We got married before we filed anything

It's august 26.

We don't plan on getting the legal wedding, just doing the religious ceremony (unless he has his visa) I just want to know if it's allowed to come in for that and go back without voiding the visa or having to start the process over again, etc.

Be very careful. If it looks like a wedding and smells like a wedding, in the mind of the USCIS, it's a wedding.

[Tuneses 0]

I traveled alot to the US while my K-1 was pending. As long as you get a marriage certificate for the "Legal Wedding" I dont see what the problem would be. As long as the un official ceremony is not recorded in any fashion with the state.

[Cassie 8]

When is the wedding date?

The marriage would be legal whether ya had the visa or not. We got married before we filed anything

It's august 26.

We don't plan on getting the legal wedding, just doing the religious ceremony (unless he has his visa) I just want to know if it's allowed to come in for that and go back without voiding the visa or having to start the process over again, etc.

Be very very careful with that! With most ministers, religious ceremony = legal ceremony.

[Lyslinn 0]

When is the wedding date?

The marriage would be legal whether ya had the visa or not. We got married before we filed anything

It's august 26.

We don't plan on getting the legal wedding, just doing the religious ceremony (unless he has his visa) I just want to know if it's allowed to come in for that and go back without voiding the visa or having to start the process over again, etc.

Be very very careful with that! With most ministers, religious ceremony = legal ceremony.

Um, it's not legal unless you sign a marriage license. If i don't bring a marriage license it woudl be very hard for the minister to call it legal

[Buttons 0]

If it's a Catholic wedding it is recorded in there register !!!!!!!!!!!!! That is legal in God's eyes and more important than the License. Can I ask what the rush is for the wedding. Why doesn't he just come and visit. Your NOA@ is in have you gotten packet three. You should be close to you visa appt. WHy doesn't he visit and then do the wedding when it's in.

Just really confused when you'll get your packet 4 any day now if your timeline is correct. Even though it only shows two dates. Some of us waited 3 months to get NOA2

[Lemchan 0]

I am Lyslinn's fiancee.

First, thank you for replying. Second, I unfortunately have to point out that I think people are getting the wrong idea about what we are asking.

First, to address what you say, it is not a Catholic wedding and we will take what steps are necessary so that no marriage occurs. No pronouncement, no exchange of vows, if necessary scrap the minister and just have a "party" at the hall. That is really not the issue from our perspective.

As to being close to the visa appointment, it looks like we should be- but we're not. All K-1 and K-3 visa petitions filed since March have been recalled from the consulates and are back in the USA (if they had reached NOA2) or have been in the USA all along (if they never reached NOA2) due to the IMBRA law passed in January. The delay at this point is unknown, things are finally moving again, but they now have 10000 petitions to sort through and neither of us are very confident that they can this done, get them back to the consulates, and get us our packet 4, in a timely fashion.

Of course in retrospect, for us to plan the August wedding was a bad idea but we had received assurances from our attorney that it would be plenty of time. And of course we should never have trusted that either but we did. I mean why would you doubt what your attorney says? Live and learn. Now we take her much less seriously. But now all sorts of commitments are made because we did trust her assurance.

The other thing to keep in mind, and I can't remember if Lyslinn mentioned this or not, but she is a grad student and come September there won't be any time at all for us to have a wedding. We could have a civil ceremony of course but the wedding would have to be scrapped. And that is very disappointing for us.

Now, what you said though, about "why don't I just come visit" is really what we are getting at. That's really what Lyslinn is asking. Can I enter the USA while the K-1 visa is in limbo. The answer from our attorney is "NO" but at this point we don't trust everything she says. The answer from VJers is "probably".

Basically what we are asking for is stories and experiences from people who have entered the USA while the K-1 is pending, whether you were successful or not. What were your experiences at the border? What sort of questions were asked by the officials at the border? Were you allowed into the US or denied? Did this affect the consulate interview later? These are the sort of questions we need answered. Particularly experiences from Canadians would be appreciated, since entering the USA from Canada is different than in most parts of the world (the POE is on the Canadian side).

Thanks..

If it's a Catholic wedding it is recorded in there register !!!!!!!!!!!!! That is legal in God's eyes and more important than the License. Can I ask what the rush is for the wedding. Why doesn't he just come and visit. Your NOA@ is in have you gotten packet three. You should be close to you visa appt. WHy doesn't he visit and then do the wedding when it's in.

Just really confused when you'll get your packet 4 any day now if your timeline is correct. Even though it only shows two dates. Some of us waited 3 months to get NOA2

Edited June 23, 2006 by Lemchan

[JenT 0]

My SO, David, was just here for 4 weeks. He's British, living in Germany, and entered Detroit via the VWP. The CO asked him the reason for his visit... David told him truthfully that he was here on vacation to visit his fiancee. The CO asked to see his return ticket and cautioned him to be on the return flight or it would "jeopardize the fiance petition" (they said in unison). With a "welcome to the US", David came on in.

David also had a letter from him employer to validate his ties to Germany, but he wasn't asked to produce any other evidence and so he didn't.

If we don't receive our RFE inthe next few weeks, he will be booking another round trip flight to the US... we just can't be apart indefinitely.

Hope that helps.

Jen

[Meliss 0]

I Travel all the time back and forth between Canada and US. No worries at all, I keep a letter of employment in the car, but alway fly out of Buffalo. Peace bridge border no problems at all. I am always honest tell them I am seeeing my fiance and show my return ticket. I always say I have to be back at work...date etc. But seriously - it does worry me, but I've even gone down with the kids in car and never had one problem...knock on wood.... so far so good. Good Luck!

[ridley 0]

We all have different experiences, of course, but I generally faced more scrutiny at the Canadian border than my fiance ever did at the US border. There are never any guarantees, but most likely you'll be able to visit. Bring a lease, verification of employment, etc., and if it's feasible, go through one of the Canadian POEs (like Toronto or Calgary) if you're flying in.

[Lemchan 0]

Thanks to all who have replied so far.

We all have different experiences, of course, but I generally faced more scrutiny at the Canadian border than my fiance ever did at the US border. There are never any guarantees, but most likely you'll be able to visit. Bring a lease, verification of employment, etc., and if it's feasible, go through one of the Canadian POEs (like Toronto or Calgary) if you're flying in.

I definitely plan on bringing verification of employment. And yeah.. definitely going to be going through a Canadian POE. Hopefully straight from the one in my home city (Edmonton).. the officers at the border generally seem more friendly here than if I fly to say, Toronto then into the US. Probably because they're less busy and therefore less stressed... Toronto is a madhouse.

My SO, David, was just here for 4 weeks. He's British, living in Germany, and entered Detroit via the VWP. The CO asked him the reason for his visit... David told him truthfully that he was here on vacation to visit his fiancee. The CO asked to see his return ticket and cautioned him to be on the return flight or it would "jeopardize the fiance petition" (they said in unison). With a "welcome to the US", David came on in.

Seems fairly painless.. I will be hoping for the same if my fiancee and I decide to do this.

David also had a letter from him employer to validate his ties to Germany, but he wasn't asked to produce any other evidence and so he didn't.

I get the impression that they don't ask for evidence much. If they aren't buying your story, evidence rarely sways them.. though I'd surely still take it. Just in case. And any other evidence I can scare up..

[PlatyPius 5]

My fiancee will be arriving here Sunday for her first visit since we started the K1 process. I'll post later to let you know if she made it in or not. I really, really hope so.

[Lyslinn 0]

My fiancee will be arriving here Sunday for her first visit since we started the K1 process. I'll post later to let you know if she made it in or not. I really, really hope so.

hope she did!