Visit the U.S. while applying for the K-1 visa

[maple_25 0]

Hi! I am from Canada. A friend of mine who married an American told me that you cannot enter the United States once the K-1 application process has begun. I am currently visiting the states and will be here for about 3 months longer. Can we apply for the visa while I am still here? I can't seem to find any information online about whether the foreign fiance is allowed in the country during the process or not.

I had called the immigration office once before when I was considering getting another visa to go to school down here and the woman I spoke with told me that it didn't matter whether I was in the country or not because I am not the one applying for the visa. Does anyone have any info on this? Thanks!

[Audy_Rob 26]

As long as you meet the eligibility requirements, your USC fiance(e) can apply while you are in the country (USA).

I think your friend was referring to entering the USA once your USC fiance(e) has filed the I-129F petition for the K-1 visa. Once that petition has been filed, it will be more difficult for you to enter the US as you will be a more likely candidate to immigrate or stay in the USA (at least in the eyes of the inspecting officers). You will need excellent documentation to show you still have significant ties to Canadian interests in order to enter the USA during the K-1 visa process.

It is difficult to predict if you will be allowed or denied entrance.

[pilotx86 0]

My fiance just passed through Calgary US Customs with hardly any issues. They did say that having a copy of the petition and NOA1 helped a lot and kept the questions to a minimum. Also, have copies of your return ticket.

The customs agent's wife happened to go through the same process so some sympathy there. She will be here in a few hours =) yay!

I'm tired of going to Calgary every month hahahahaha, but the airline pass privileges do help. Good luck

[iampatricias 17]

There are no rules saying you may not visit your fiance while you are waiting for the I129f petition is being processed, or even after you've submitted your K1 application. It may prove a little more troublesome to get across the border, but I think Canadians get a bit of an easier time with this, especially if you live close to the border and cross frequently.

Having said that, Canadian members on this site have been refused entry while trying to visit a fiance - usually because they were not carrying proof that the trip was short-term, but sometimes for a totally unexpected reason - we are really at the mercy of the CBP agents. Just be careful with your visits that it doesn't "look like" you're living in the States while waiting for the paperwork to go through. And you may not spend more than 6 months in a 12 month period in the States as just a visitor.