Flight transfer in US while waiting on K1

[Grime 0]

I tried to search for an answer to this question, but was unable to find one.

My fiancée currently lives in Canada, I am in the US. She wants me to go with her to Japan, to visit her parents.

For us to be able to fly together, she would need to make a flight transfer in California. Will she have trouble since we applied for the K-1?

She said she has to go through customs when she changes flights. We are both worried they will give her trouble.

Thanks.

Grime

[Martyshk 137]

If she's just going to stay in a "transfer" area of the airport there's no issues to consider whatsoever. She's just another transfer passenger going through LAX. Assuming you meet her at the gate and you board the plane together and all that.

OR

Are you talking about actually leaving the transfer area of the airport that's a whole different story... It's been discussed here endlessly in various threads.

But I'm going to assume you are talking about scenario #1. If so, then it's all good.

[Grime 0]

she would just be going from her arrival gate to her departure gate, and I would meet her there.

[Martyshk 137]

she would just be going from her arrival gate to her departure gate, and I would meet her there.

Yeah, no problems there. She's just a transfer passenger as far as US is concerned. She has no intent to step onto US soil outside of the airport so you are not violating anything or risking anything.

[Gary and Alla 3,696]

I tried to search for an answer to this question, but was unable to find one.

My fiancée currently lives in Canada, I am in the US. She wants me to go with her to Japan, to visit her parents.

For us to be able to fly together, she would need to make a flight transfer in California. Will she have trouble since we applied for the K-1?

She said she has to go through customs when she changes flights. We are both worried they will give her trouble.

Thanks.

Grime

No. She is transferring flights. She will not officially "enter" the United States. Going through customs is not the same as entering the United States.

[jimsen 0]

No. She is transferring flights. She will not officially "enter" the United States. Going through customs is not the same as entering the United States.

You better be careful. She will have to go through U.S. Customs and Immigration. Once she is out the door she is in the U.S. I am not sure how LAX is but I do know in Chicago there is no sterile transfer area and once you arrive in at the International terminal you need to clear customs and immigration. All the international flights at Chicago depart from domestic terminals. You better check with the airline.

[Fandango 1,440]

Hrmm, there seems to be a difference in opinion on this one....I would assume to say she's not actually entering the US, but based on the post above, if it's true that some airports don't have 'sterile' transfer areas, then I guess there's a possibility she'd have to clear customs. It sounds pretty inefficient to me, but hey, I don't make the rules.

Let's just assume for a second there isn't...she can bring proof of ties to Canada just on the off chance she gets questioned. However, I would say that since she is transferring planes, that alone is 'proof on onward passage' so I mean at the very worst...she gets detained (which I think the likelihood of that is close to 0), she could say 'hey, walk me to my plane and watch me leave'.

Either way, I'm basing my opinion on the fact that there's nothing to prevent a foreign national from visiting the US while a K petition is pending. That's been discussed a million times here, and I believe it's also in the stickied topics.

Have a great trip!

[JimVaPhuong 4,865]

You better be careful. She will have to go through U.S. Customs and Immigration. Once she is out the door she is in the U.S. I am not sure how LAX is but I do know in Chicago there is no sterile transfer area and once you arrive in at the International terminal you need to clear customs and immigration. All the international flights at Chicago depart from domestic terminals. You better check with the airline.

SFO is the same. Every time I've come into SFO on an international flight we were told on the plane that everyone had to fill out a customs declaration and clear customs on arrival, but only those intending to stay in the US had to complete an I-94. If I recall, there were transit hallways after the customs counters. The transit hallways go to a security checkpoint that leads back into the international concourse. If you continue past the transit hallways then you end up in baggage claim. On exiting baggage claim there is another security checkpoint where they check your passport for a valid stamped I-94 before they let you leave the airport.

http://www.sfoairport.com/web/page/orphan/arr-dep/index.html

Transferring to a Domestic or Onward International Flight

All passengers arriving on international flights and connecting to onward flights are required to complete U.S. Customs and Border Protection entry procedures at the International Terminal Arrivals Hall. Please visit www.cbp.gov for information about clearing CBP.

[HeatDeath 431]

Hrmm, there seems to be a difference in opinion on this one....I would assume to say she's not actually entering the US, but based on the post above, if it's true that some airports don't have 'sterile' transfer areas, then I guess there's a possibility she'd have to clear customs. It sounds pretty inefficient to me, but hey, I don't make the rules.

Let's just assume for a second there isn't...she can bring proof of ties to Canada just on the off chance she gets questioned. However, I would say that since she is transferring planes, that alone is 'proof on onward passage' so I mean at the very worst...she gets detained (which I think the likelihood of that is close to 0), she could say 'hey, walk me to my plane and watch me leave'.

Either way, I'm basing my opinion on the fact that there's nothing to prevent a foreign national from visiting the US while a K petition is pending. That's been discussed a million times here, and I believe it's also in the stickied topics.

Have a great trip!

That last part is certainly true - I flew to the US twice while my K-1 was pending: once during the I-129F processing (just prior to my USC now-wife receiving the I-129F NOA2), and once after the Packet 3 had been sent out but before I had sent the checklist back in to get my Packet 4. Both times I brought significant proof of ties to Canada.

But you want to be careful. Because I was flying from Canada to the US I was still in Canada when I cleared US Immigration (Preclearance in all Canadian international airports). If denied, I only faced a taxi ride back home, not a hastily arranged emergency flight. Immigration officers posted at LAX might have a different attitude about this than immigration officers in foreign preclearance posts. If LAX lacks a sterile transfer zone, and she has to clear Immigration, it will ultimately come down to the individual discretion of the individual CBP officer she deals with. She will certainly want to show significant ties to Canada, as well as full documentation of her trip abroad, including it's ultimate return ticket.

The first thing I would do is simply call the Customs and immigration section at LAX and simply ask them about LAX's process for transfers like this. When in doubt, it's always best to inquire to the actual office you will be having to deal with. They can give you an authoritative answer. Let us know what it is.

[All of this is predicated on the assumption that while you have started the K-1 process, it has not yet been approved and your fiancee will not actually be trying to transit LAX with a K-1 visa in her passport without activating it. If that was the case, I would strongly advise you to avoid even trying to transfer through LAX. While some people have been able to enter the US temporarily without activating an approved and issued K-1, it is very dicey, and the CBP officers may have been bending the regulations to allow it. You certainly should not be depending on that, if that is the case.]

In all cases, you should always make sure to allow at least 3+ hours for any layover in any airport where any interaction with Customs and Immigration may be required. "Unforeseen delays" is CBP's middle name If all goes well, there are lots of reasonably entertaining ways to spend the extra time, and if it doesn't, you'll need that time.

[Grime 0]

Thanks everyone, I will definitely call and ask customs. I am not sure if she transfers at LAX or SFO.

I'll be sure to let her know to bring a letter from work, a letter from her landlord, and whatever else she has for proof then.

I would hate for her to get denied, this is an important trip and her parents are paying.

[Audy_Rob 26]

Yes, this is really confusing because I know for a FACT that all incoming flights from Canada go to the Domestic terminals. This means her plane (Air Canada, Alaska Airlines, American, United, etc...) will go to the DOMESTIC terminals in San Francisco. This is because all flights from Canada to the USA have passengers pre-screened in the Canadian city going to the USA city. So in the case of SFO, there is no transfer hallway as there are in LAX and JFK and ORD. She would be screened for entry into the USA.

I do not know about LAX, etc... Actually I just learned this recently about flights from another country to the USA connecting through Canada. The immigration point of entry is in the Canadian city with the connecting flight to the USA such as Vancouver. Someone on VJ was coming from Seoul or Tokyo to Vancouver to Chicago (ORD) or something similar. The US POE city is Vancouver as all Canadian flights to the US go through immigration in Canda. It isn't really pre-screening, it is the one and only screening.

[payxibka 10,048]

No. She is transferring flights. She will not officially "enter" the United States. Going through customs is not the same as entering the United States.

Wrong Gary,

There is no such thing as a "transfer" area in any US airport... ALL arriving passengers are required to clear US Immigration... For the OP this most likely would happen BEFORE they depart Canada

[DukeOfYork 28]

My fiancee just visited for 10 days from England through ORD. She was asked why she was here, she said to visit friends, they didn't ask her anything about the K-1, stamped her passport and waved her through. I doubt you'll run into trouble.

[TBoneTX 48,109]

I doubt you'll run into trouble.

No one can say this with authority. It's most prudent for the OP to follow the most cautious advice that has been offered here.

[DukeOfYork 28]

IF the K-1 even shows up when her passport is swiped, any POE officer with common sense will she that she is moving on to a flight to Japan. Besides, it's not illegal for her to visit even while the process is ongoing.

Still yes, it's better to be prepared for anything and be cautious (but not the the point of utter anxiety and neverousness).