Crossing into the US together while waiting for interview

[KristinL 0]

Next weekend I am going to visit my Fiance and I want to bring him back to the US with me for a while. he does not drive, and would not have a return ticket. Ideally, he'd be visiting here until the interview happens.

Has anyone crossed the border together in a car while waiting on a K-1?

Should the Packet 3 information suffice as assurance to the border?

We want to make (new) wedding plans, visit, etc. We've decided that if no interview is scheduled, we will return to Canada for Canada day - all together.

I know the standard procedures for him visiting me in the US - but am wondering if this will be even more challenging than the usual bus trip.

By the way, we will also have my super cute 4 year old daughter with us - hopefully her super-cute powers will help.

Thanks for opinions & advices!

Edited May 16, 2009 by KristinL

[JillA 2]

Does he have any ties to Canada, to prove he'll be returning? Lease, bills, etc. There is no difference travelling while K-1 is pending, it is allowed. Here are some tips, copied from Flames9 signature:

Canadians Visiting the USA while undergoing the visa process, my free advice:

1) Always tell the TRUTH. never lie to the POE officer

2) Be confident in ur replies

3) keep ur response short and to the point, don't tell ur life story!!

4) look the POE officer in the eye when speaking to them. They are looking for people lieing and have been trained to find them!

5) Pack light! No job resumes with you

6) Bring ties to Canada (letter from employer when ur expected back at work, lease, etc etc)

7) Always be polite, being rude isn't going to get ya anywhere, and could make things worse!!

8) Have a plan in case u do get denied (be polite) It wont harm ur visa application if ur denied,that is if ur polite and didn't lie! Refer to #1

[Lemonslice 4,569]

I usually drive back and forth (or he comes to me!); but, over Christmas, I was in his truck and my plan was to return by bus early January (that's what I did). It was the easiest border crossing... No question, just "where are you going", a look at our passport and "have a good day".

However, I had brought some ties to my Canadian life (bills, school schedule for the Winter Semester, etc.)

Now that I think about it, I think I had more questions coming back to Canada, the agent really thought it was weird to get married to an American and not be living together right away

Oh, and yes, always tell the truth, no matter what! Better to lose a few days together now than a lifetime

Common questions I've been asked in the last 2 years:

- Where do you live?

- Where are you going?

- For how long?

- What do you do for a living?

- Who are you visiting?

- Where are you going to stay?

- How much money do you have on you? (they wanted to know how much cash... I never have a lot, I already have a bank account in the USA (my bank took my passport as a proof) - plus, I pay everything debit or credit; just hate cash, I find it dirty)

- How long have you been married?

- Do you plan to live in the USA? (Yes, once I get my visa...)

- What is your spouse doing for work? How did you met?

- Did you take narcotics in the last 6 months? (got asked twice, that one was weird... uh, no never)

- Do you bring something/food?

[KristinL 0]

I usually drive back and forth (or he comes to me!); but, over Christmas, I was in his truck and my plan was to return by bus early January (that's what I did). It was the easiest border crossing... No question, just "where are you going", a look at our passport and "have a good day".

However, I had brought some ties to my Canadian life (bills, school schedule for the Winter Semester, etc.)

Now that I think about it, I think I had more questions coming back to Canada, the agent really thought it was weird to get married to an American and not be living together right away

Thanks for the advice - did you already have a return ticket and did they ask you when/how you were coming back?

He does have some ties to Canada - bank statements, and a letter from his employer is possible (but hes not working full time anymore) -- does the P3 ever suffice as proof of not intending to stay illegally?

And, has anyone, or would anyone recommend, saying that we are just waiting for an interview date from Montreal and thats when we are going back? Or should we stick with Canada Day as a definite date?

Thanks!

Edited May 16, 2009 by KristinL

[Lemonslice 4,569]

I bought my return ticket in Boston as I was not sure when I would come back exactly, so I didn't have it with me when I crossed the border. Anyway, they didn't even ask when I was planning to come back. If would have been cheaper to buy the ticket in Montreal before leaving though (Canadian price was cheaper, +rebate for early purchase).

I would tell them when he's planning to come back as precisely as possible; first week of July sounds better than an hypothetical "when we'll have news from the consulate and a date for the interview" - but, I'm no expert, it's just my feeling. He can always come back earlier, or later, as long as he does not overstay and that the intent when you told the agent was to come back at that time, but maybe I'm mistaken.

I don't see how the P3 is good or bad - I guess it can show good faith

[AddyG 0]

If you already were assigned an interview I think that woudl be great proof, but since you are still waiting a POE officer might not liek that you do not have a definite return date in mind (especially since he will not have a return flight, bus ticket or anything). Personally, I think they like it better when you have a "plan" but it can backfire on you too.

I had a return flight once (that we were always going to change the date on) and when I went to visit my husband in the USA I was taken into seconday and given 30 days in the US. They stamped my passport and for 1 day after my flight as the last possbile day I could be in the US.

When crossing in a car I told them my plans once and I ended up staying longer than that. Since they let me in with the regular rules there is nothing wrong with doing that. You can always have a change in plans as long as you are not overstaying.

If I were you, I would take as much proof as you can that he has ties to Canada and take the immigration forms as proof as well as an estimated interview time frame and if questioned tell them that you have always been following the rules, you would not screw it up now that you are almost at the interview. They should hopefully understand that all you want to do is have some tiem to plan the wedding etc.

[July09Bride 1]

Have proof... whatever you can muster up and gather. I created what I nicknamed the "Binder O'Fun" - a 3" 3-ring binder that had ALL of our paperwork. Everything from the initial I-129F filing, NOAs, etc. That way, no matter what, you've got proof of going through the paperwork and that the USC will remain in US and the Canadian will continue to return to Canada.

So, have proof for Canada and paperwork and you're all good!

[KristinL 0]

Okay, I wanted to post our experience... I will save the cliff hanger and say that my fiance was admitted, but it was the paperwork that saved us!

To refresh, my fiance doesn't drive, and was with my daughter and I in my car, without a return ticket.

The border guard took our passports, and asked our citizenship. he asked where we both lived and said "whats going on here?" We explained that he was coming to visit for 4 weeks, and then we were driving back to celebrate Canada Day. He goes "whats Canada Day?" We told him the date. He takes our papers.

He grilled us about our relationship, how we met, who the kid belonged to, what our relationship was - then TG explained that we had filed a K-1 visa and that we were visiting, etc. We didn't offer the papers at that time, as he said he had a letter from his employer - at which point the border guard said "that will help because I'm not sure I can admit you based on what you are telling me " (OMG, our hearts collectively stopped, and then my military-ness came out). We handed him my fiance's letter from his employer, and then I said, we have filed for the K-1 visa, as my fiance said, and we have already been approved by the Dept. of Homeland Security and the National Visa Center. Our petition is at Montreal, we are waiting for the interview and wanted to do some wedding planning and visit with each other. I handed him the letter from the NVC + a copy of the NOA 2 and he looked at it, and finally handed us everything back in one pile and said "its good that you two are prepared, I don't have to send you inside. Have a good day."

We drove away, shaking, wanting to puke, and amazed. BE PREPARED, is no joke. We could tell that we had a hard-nosed boarder patrolman, which makes me feel even better about (him) having gotten admitted. We are so grateful! My fiance (Toronto Guy, for those who don't know) is visiting for a month while we wait for the interview. it really takes the stress and pressure off!!!!!!!!

[July09Bride 1]

Okay, I wanted to post our experience... I will save the cliff hanger and say that my fiance was admitted, but it was the paperwork that saved us!

To refresh, my fiance doesn't drive, and was with my daughter and I in my car, without a return ticket.

The border guard took our passports, and asked our citizenship. he asked where we both lived and said "whats going on here?" We explained that he was coming to visit for 4 weeks, and then we were driving back to celebrate Canada Day. He goes "whats Canada Day?" We told him the date. He takes our papers.

He grilled us about our relationship, how we met, who the kid belonged to, what our relationship was - then TG explained that we had filed a K-1 visa and that we were visiting, etc. We didn't offer the papers at that time, as he said he had a letter from his employer - at which point the border guard said "that will help because I'm not sure I can admit you based on what you are telling me " (OMG, our hearts collectively stopped, and then my military-ness came out). We handed him my fiance's letter from his employer, and then I said, we have filed for the K-1 visa, as my fiance said, and we have already been approved by the Dept. of Homeland Security and the National Visa Center. Our petition is at Montreal, we are waiting for the interview and wanted to do some wedding planning and visit with each other. I handed him the letter from the NVC + a copy of the NOA 2 and he looked at it, and finally handed us everything back in one pile and said "its good that you two are prepared, I don't have to send you inside. Have a good day."

We drove away, shaking, wanting to puke, and amazed. BE PREPARED, is no joke. We could tell that we had a hard-nosed boarder patrolman, which makes me feel even better about (him) having gotten admitted. We are so grateful! My fiance (Toronto Guy, for those who don't know) is visiting for a month while we wait for the interview. it really takes the stress and pressure off!!!!!!!!

I'm SOOOO glad you had your paperwork with you! It truly does make things go easier! Congrats on a NICE 4 week vaca!!

[JillA 2]

That's soooo awesome, being prepared is key! All the times I went to visit, I was totally prepared with letter from boss, lease, etc. and of course was never asked to see anything. But I guarantee, the one time I went without evidence of my return, they would have asked!

[seekersharer 0]

Very cool. Glad to hear it went okay.

Carrying my documents every time I traveled definitely added confidence to every border crossing. And I do it a lot for business and visiting my fiancee.

Enjoy your time together.

[Toronto Guy 0]

:-)

The best time to visit your Fiance is right before the interview because it makes you feel like you belong here in the U.S. already....