Travel to US while visa K on processing : my experience

[Sher&Alex 0]

Hello everybody,

Following many questions about this site, I just wanted to share my own experience to reassure some of you about the question: can we go to the U.S. while we wait for approved K visa?

The answer is yes, if you are careful and honest with the officer at the airport. If you stay a short period, that you show a flight back ticket, you fill in the plane the back of the green form I-94W on your return flight, you must return because you have a job in your country, so it will be ok. So, don’t show to the officer that you arrive with the intention to stay in US for un long time, especially as a tourist!

My bad experience was in September 2008 When I came to Philadelphia. The officer was not friendly with me and seemed to seek for some things about me. He asked me my flight back ticket and why I come to the U.S. (I always answer the same thing when I go to US: "I come to visit my girlfriend"). He also asked me lots of questions about my fiancee and even pictures of us ... So, after 10 minutes so long, he asked me to go to the second check point, aie aie I thought I was having cold sweats ... There, another officer asked me the same bunch of questions while tapping on the keyboard of his computer and she did not appear to understand what was happening. After 10 minutes she told me that I had probably forgotten to fill the back of the green form I-94W (flight back info) on my last trip in June 2008... So they thought that I was still in US in their computer system! But the worst is that I had forgotten to fill the back of that damn paper at this trip in September! So, it is successful and the officer let me go, finally... And of course since that experience, I never forget to fill the back of the I-94W about my flight back LOL!

My last experience, more positive, was Saturday 28 March 2009 at the airport of New York Newark. The officer did not seem to be kind rather than the one. He began to ask me the usual questions: how long time you stay in the U.S.? Why you come? Is what my fiancee is American? I immediately felt that he wanted to dig it ... He looked at my passport and saw that I came 8 times to the U.S. and said ironically to me that my relationship with my fiancé must be expensive ... I answered to him, yes with a smile. He asked me where she lives, etc ... and I answered to him with accurate ...

He also asked me when my fiancée and I have the intention to marry? I answered to him that we do not know, unfortunately, because it depends on visa K approved or not… that we sent our petition in October 2008 and recently leart that the NOA2 has been sent by VSC on 25 March 2009, so we hope to be together in June 2009. He told me, ha ok you applied for visa K ... I think he was typing on his computer keyboard at the same time.

He asked me the name of my fiancée and then what is my job, I told him that I am quality engineers in software development ... and it tells me that this is a good job for all these flight travels but always without smile ... I told him, yes it is a good job but I'm going to lose it soon to join my fiancé. So, I don’t remember more other issues and what I told him more. I am really wondering if he could see on his computer our case of K visa because he really gave me the impression that its latest issues related to what Sher and I had filled in the forms of the petition for approval K.

He took my fingerprints and wishes me a good stay with my fiancee, with a slight smile ...

To resume, it is not forbiden to travel to U.S. as a tourist, while while visa K ongoing ☺ I know an another man who did this several times in 2008 and he never had some problems with the officers f passport control.

I have to tell that I have a passport WAIVER, so that does mean that I do not need to ask for tourist visa to travel to USA. I do not know what does happen about the people who don’t have this kind passport and must gets a visa of tourisme.

If you respect the process documents, fill out the paperwork on the plane and especially not to hide anything to American officers at the airports, everything will be ok. Prove them that you will return to your country because you have a job, an apart, so, some real constraints that you do not intend to make a visa fraud! Personally, I always on me to the airport in the U.S., my flight ticket, my contract of work and my last salary documents and photos of my fiancee and me.

It is true that lawyers do not advise to do this and tell that is very risky to do this, because in fact it depends a lot on the officer. But under the conditions that I mentioned before, there is no reason to be deported airport; Just understand the "spirit" of their visa systems.

We hope that experience will help about this question ☺

Good luck to those who wait as we ...

Le Lyonnais

[R&AINC 1]

Hi,

I was in the States in January, and I just realized that I still have the I-94W green paper on my passport. They did not take it out when I left.

Should I send it somewhere? Will this be a problem?

Thank you.

[R&AINC 1]

Hi,

I was in the States in January, and I just realized that I still have the I-94W green paper on my passport. They did not take it out when I left.

Should I send it somewhere? Will this be a problem?

Thank you.

ok I found the answer here:

http://help.cbp.gov/cgi-bin/customs.cfg/ph...amp;p_topview=1

lazy lufthansa check desk

[Sher&Alex 0]

Yes the best is to do what they tell on the USCIS website page you found. You can also call the flight company or and at worse, you introduce the I-94w you forgot to give to the flight company to officer next time you will go to US. If you are honest, there is no reason to be deported at a US airport.

So the most important thing to know about I-94w, that is us have to give this part of the green form to flight company desk before the back boarding...

And also, about all the people who have a WAIVER passport, don't forget to fill online (just the first time) the ESTA I-94w : https://esta.cbp.dhs.gov/esta/esta.html?_fl...BD-B0E4099F8B3D

Have a nice day to everybody :-)

Hi,

I was in the States in January, and I just realized that I still have the I-94W green paper on my passport. They did not take it out when I left.

Should I send it somewhere? Will this be a problem?

Thank you.

ok I found the answer here:

http://help.cbp.gov/cgi-bin/customs.cfg/ph...amp;p_topview=1

lazy lufthansa check desk

[HWANG0926 0]

My fiance just visited me, he told the immigration officer that he is sightseeing. There was no need to go into details. I mean the most simple answer can be, i'm here visiting & shopping & taking tours around U.S.

It just makes life MUCH easier! He had no problem. ~

[Moonskin 0]

Hello,

I am new here and like most of us, I am seeking for answers. Alex's post caught my attention because I am French aswell.

Here is my situation :

I met my fiancé online a lil bit more than 2 years ago (yes me too, hehe), till we fall in love in March last year. We didnt know at the time if we would ever have a chance, and things going as they were, my boyfriend joined the military and is now in the Air Force since July 2008. After 9 long months of waiting, he finally managed to visit me in Dec.-Jan. and we had a wonderful time. Though now, we cannot bear to be apart anymore.

Now it is my turn to go visit and I have planned to go in May for 3 weeks. What we intended to do was to make a civil union within that time period so that he is granted the permission to live off the base (he is in McGuire AFB, NJ), which is not possible before a year if he is not married (I know, lalala this is so complicated). However, I do NOT intend to stay in the US after this union, I have university exams awaiting for me after my stay in the US, and also my summer job. Both which I cant avoid.

Unfortunatelly, I have found only recently about how much complicated are the conditions to marry a US citizen and be able to stay in the US and now I dont know what to do anymore. Basically I have 2 options :

( a )

- come visit on my VWP time in May, marry him and come back to France as scheduled so that I can deal with all that I have to do here.

- ask for a K3 spouse visa asap (and hope it takes less than 6 months) so that I can come back later to the US with it and then actually ask to stay.

=> But then I do not know if it will be possible or easy to come for short visit while I'm waiting on the K3, how long the process would take (and if we can ask for a military expedit) and all that.

( b )

- ask for a K1 fiancée visa asap and pray for it to be delivered quickly

- come visit in May and do not make any union

- come back and marry him after I obtain my K1 visa.

So here is my dilemna,

- if I take the option of the K1 visa I know my bf wont be able to move out of base so we wont have a place to stay the times I come visit, and both of us are really broke so idk how we could afford to pay the hotel and stuff (cuz I'm not allowed to stay at the dorm but for like a week-end ofc). The other thing is that I dont know when my bf will be deployed and unfortunatelly that may happen when I finally obtain my K1 visa or shortly after. That would be a problem considering after i get married on a K1 visa I need to stay in the US and ask for an AOS and would probably not have it before he gets deployed.

- if I take the option of the K3 visa, he will be able to move out the base (and just as I am writting he received an email saying he got approval for an apartment) and save some money, thought that -same as if K1 option- I would not be able to stay : 1. I dont wanna do visa fraud 2. I need to return in France cuz I'm not done with my stuff before a few months. However, this option seems to be a bit more risky so I dont know what to do.

I know my fiancé would prefer to go the K3 visa way, and tbh he is really much more confident than I am. As for myself, I am really lost and idk what choice to take (cuz in both cases i gotta come back in France anyways) and I dont wanna disappoint him or ruin our projects. I really cant stand being apart anymore and you all know what I mean, and all of that would not be any problem if it wasnt a matter of money (then paying the plane tickets and hotel would be np to do a few times more), but as usual, it is.

So I hope that anyone of you here can provide me interesting info or help cuz I'm really really lost and I need to make a decision quite soon.

Thanks in advance.

Edited March 31, 2009 by Moonskin

[Moonskin 0]

Hm I think I should actually create a new topic so that it's easier to get appropriate replies, though I havent been able to edit my other post a second time.

[Sher&Alex 0]

Yes your situation seems to be a little bit complicated cause the job of your boyfriend but anyway, visa K1 or K3 are currently both long process, so you must accepted to wait, that is the painful of everybody here :-(. K3 is longer than K1, statistics shows this on VJ and the US consulate of my city in France confirmed this last year and did advertise me to rather apply for K1.

I think, your problem is to know is you are able, to wait several months before to get a visa. I am not sure but I seems that US soldier can get their application more expedited, so you should find out about this point. I read something like this here and a couple told me this also here. You should also look at onto the USCIS website what are the criteria of Premium process for visa K.

I am sure you will end up to find the best solution

Good luck, Alex

Hello,

I am new here and like most of us, I am seeking for answers. Alex's post caught my attention because I am French aswell.

Here is my situation :

I met my fiancé online a lil bit more than 2 years ago (yes me too, hehe), till we fall in love in March last year. We didnt know at the time if we would ever have a chance, and things going as they were, my boyfriend joined the military and is now in the Air Force since July 2008. After 9 long months of waiting, he finally managed to visit me in Dec.-Jan. and we had a wonderful time. Though now, we cannot bear to be apart anymore.

Now it is my turn to go visit and I have planned to go in May for 3 weeks. What we intended to do was to make a civil union within that time period so that he is granted the permission to live off the base (he is in McGuire AFB, NJ), which is not possible before a year if he is not married (I know, lalala this is so complicated). However, I do NOT intend to stay in the US after this union, I have university exams awaiting for me after my stay in the US, and also my summer job. Both which I cant avoid.

Unfortunatelly, I have found only recently about how much complicated are the conditions to marry a US citizen and be able to stay in the US and now I dont know what to do anymore. Basically I have 2 options :

( a )

- come visit on my VWP time in May, marry him and come back to France as scheduled so that I can deal with all that I have to do here.

- ask for a K3 spouse visa asap (and hope it takes less than 6 months) so that I can come back later to the US with it and then actually ask to stay.

=> But then I do not know if it will be possible or easy to come for short visit while I'm waiting on the K3, how long the process would take (and if we can ask for a military expedit) and all that.

( b )

- ask for a K1 fiancée visa asap and pray for it to be delivered quickly

- come visit in May and do not make any union

- come back and marry him after I obtain my K1 visa.

So here is my dilemna,

- if I take the option of the K1 visa I know my bf wont be able to move out of base so we wont have a place to stay the times I come visit, and both of us are really broke so idk how we could afford to pay the hotel and stuff (cuz I'm not allowed to stay at the dorm but for like a week-end ofc). The other thing is that I dont know when my bf will be deployed and unfortunatelly that may happen when I finally obtain my K1 visa or shortly after. That would be a problem considering after i get married on a K1 visa I need to stay in the US and ask for an AOS and would probably not have it before he gets deployed.

- if I take the option of the K3 visa, he will be able to move out the base (and just as I am writting he received an email saying he got approval for an apartment) and save some money, thought that -same as if K1 option- I would not be able to stay : 1. I dont wanna do visa fraud 2. I need to return in France cuz I'm not done with my stuff before a few months. However, this option seems to be a bit more risky so I dont know what to do.

I know my fiancé would prefer to go the K3 visa way, and tbh he is really much more confident than I am. As for myself, I am really lost and idk what choice to take (cuz in both cases i gotta come back in France anyways) and I dont wanna disappoint him or ruin our projects. I really cant stand being apart anymore and you all know what I mean, and all of that would not be any problem if it wasnt a matter of money (then paying the plane tickets and hotel would be np to do a few times more), but as usual, it is.

So I hope that anyone of you here can provide me interesting info or help cuz I'm really really lost and I need to make a decision quite soon.

Thanks in advance.

[Moonskin 0]

That may be paradoxical but the visa can actually wait longer than the marriage, as I said earlier, is that in the meantime my fiancé may be deployed. We really dont know when this can happen, and if it does just when I got my K1 approval, we're kinda screwed ...

Now if I can travel between US and France while I'm waiting for K3 or CR1 approval then np. Leaves me some time to deal with my stuff in France, may work a bit longer and prepare better for when I move. It's really all abt that, and ofc, saving money since we're both broke atm. I'd change my mind if I won the lottery, haha.

I checked the premium process criteria on the USCIS website but we dont really fit them, it's quite specifical -.- so ofc we will check the military expedite, which is the same for both K1 and K3 (and prob for CR1 too). So well, need to check all that stuff and make a few phone calls.

[KimberlyandMark 1]

I have a strange question that I am sure has been asked many times before. My fiancee is coming for a visit in May after coming for 3 weeks in March. We are going to get all of our documents together for our K-1 package and mail it off. My question is this...does he have to fill out the Dept of Homeland Security form online again?

Thanks to everyone for their input! Because of the wonderful reaources I have found on this site we are going to undertake this process ourselves. Keep your fingers crossed for us to have a quick processing time.

Bella