Visiting SO during K-1 process... stories/advice please?

[inhopeofglory 0]

Hi,

My fiancée and I have now been in the K-1 process four long months, having applied end of March. With the current long delay at the London embassy, we're not expecting to get my visa until nearly December, which together with other considerations means that our wedding is probably going to be in March 2010, just over a year since we got engaged.. and thus a whole year since we were last together in person. I am therefore planning to visit my fiancée again, in order to break up that huge wait, but am very wary of the risk of being turned back and/or delaying or stopping our visa application.

I am keen to hear from anyone in my position - a Brit marrying an American - who has visited their SO during the K-1 process (whichever POE), as well as anyone (British or not) who, in doing so, went through IAH (Houston). What information/documents/supporting evidence did you take with you? What kind of questions were you asked, if any? I've seen on other threads that it's a good idea to take a copy of the NOA1, your return ticket, and perhaps also a letter from your current employer stating that they expect you back in your home country. Is there anything else that might be useful? What about if you already have the NOA2? Does that change things/increase or decrease the risk?

For those who went through IAH, what were the Customs people like with regard to you visiting during the K-1 process? I've heard/read that IAH Customs has a reputation for being more strict/stringent than some. What did they ask, and how did you reply?

I'd also like to hear, if there are any, stories in which things didn't go well, and someone was turned back at Customs. What are the effects of such a denial of entry on the K-1 process? Are such denials common?

Thanks for your help!

Regards, inhopeofglory

PS Note to mods: please move this thread if it's in the wrong forum/subforum.

[Anh map 2,098]

Short answer: Many visit without issue, some folks have been denied entry.

There are many threads here on VJ discussing this topic. Do some searching to learn from the experience of others. Also there are 2 items in the VJ Wiki with information about this subject.

[inhopeofglory 0]

My apologies for making a request that I imagine sounds all too familiar. That is why I tried to direct the question specifically to Brits and those who entered through IAH, in order to gain more specific advice/preparation for my trip.

[amykathleen2005 441]

What is the delay at the London Embassy?

[mox 298]

Unless you've had issues in the past, the likelihood of you being denied entry is very very low. The fact that you're applying for a K visa actually strengthens the evidence that you do not plan to stay. I wouldn't volunteer that information unless asked, but it's not likely to come up. Go visit her, have fun, and don't worry.

[inhopeofglory 0]

By "delay at the embassy" I'm referring simply to the time it takes for London to issue an interview date, after having received one's documents (assuming you send Packet 3 promptly).

Thanks, mox. I hope that's the case. A year's a long, long time to be apart... but at the same time it's better than getting a huge delay put on the K-1.

From the FAQ: "... some newsgroupers have reported that once the initial background check is done by the Consulate, subsequent visits to the US required an additional FBI check done by the Consulate, which resulted in a delay in the visa application process."

Does anyone know any more about this? When is the "initial background check" done by the Consulate?

Edited July 28, 2009 by inhopeofglory

[amykathleen2005 441]

With the current long delay at the London embassy, we're not expecting to get my visa until nearly December

Are you just referring to the whole Packet 3 process or is there a specific delay at the embassy?

Sorry, I'm just as anxious as you...

[inhopeofglory 0]

No problem! I'm referring to the whole Packet 3 process - the time between London getting our approved petitions and granting us an interview. It's not a specific delay as such.

[mox 298]

From what I've seen, there's only the vaguest anecdotal evidence that visiting the US delays your visa. It's usually in the form of "omgomgomg we STILL don't have NOA2 after 3 months, I'll bet it's because of my visit stateside!!!!" Plenty of members, especially in VWP countries, have come over to spend time with their fiance(e) and have had no delays of any kind. Honestly I think it's an urban legend.

[inhopeofglory 0]

It's not the visiting (successfully) that I'm worried about. It's the possibility of being denied entry and that denial causing a delay on the K-1.

[mox 298]

It's not the visiting (successfully) that I'm worried about. It's the possibility of being denied entry and that denial causing a delay on the K-1.

Right. That's what I'm talking about. The only evidence about visiting causing a slowdown of your K1 is anecdotal, and it's usually in the form of people freaking out because they haven't been approved in the time they think they should have been approved, and then taking guesses that maybe it's because they visited the states. There's no real proof to suggest there's any causation, and many MANY people visit the states while their K1 is being processed with no adverse effects. I just really wouldn't worry about it.

[inhopeofglory 0]

Well that's good to know. :-) Any comment on the "... once the initial background check is done by the Consulate, subsequent visits to the US required an additional FBI check done by the Consulate, which resulted in a delay in the visa application process."?

[amykathleen2005 441]

Well that's good to know. :-) Any comment on the "... once the initial background check is done by the Consulate, subsequent visits to the US required an additional FBI check done by the Consulate, which resulted in a delay in the visa application process."?

I am not certain, but I believe the visa process that is referred to in that quote is the visitor's visa itself. So once you submit your K-1, the process of getting a visitor visa may be longer. But as you are from the UK you are on the Visa Waiver Program and don't need one (except that bit of paperwork a couple days before your flight).

That's just my interpretation. I could be wrong.

[Chris_Жанна 11]

My S/O is flying here this Tues from Russia. We filed for our K-1 in Early June and I will post on this thread of what happens after she lands at JFK. I'm pretty nervous when I really start thinking about her being detained by CBP more than anything. Imagine flying to another country and being held by foreign police officer.....pretty scary Sh*t man. But we have talked about it and she/we really want(s) to spend sometime while we wait for our petition to clear and so my S/O can polish her English up, think about ideas for our wedding, meet more of my family, and have her spend more time in American culture so she is not in shock when she does come to marry me with the K-1. She's going to have a letter from her employer stating when she is expected back, translated documents of ownership for her apartment, car, etc... and a copy of our I-129F petition package and a copy of the NoA1. Last time she came through JFK no problem (Before we were engaged) she said the officer was very friendly and asked two questions. "Are you staying in a hotel or a private residence?" and "May I see your return ticket and flight itinerary?" I'm hoping these will be the only two questions she'll be asked again. Again, I will post my experience when we get back to Charleston from NYC.

[Justine+David 218]

You can do a search in the UK forum here:

http://www.visajourney.com/forums/index.php?showforum=99

Here's a link to the thread I started about my issues with the customs folks (American visiting the UK)

http://www.visajourney.com/forums/index.php?showtopic=209046

Good luck! Most people don't have any problems.