Question about visits while in processing...

[Arazia 0]

I posted this in my other topic, but most people payed attention to the initial questions. Quite understandable. Anyways, my fiancee' and I had planned for him to come spend the holidays here with me and my family. He has, in the past, come here on a visa waver program, meaning he gets a visa at the border because of a deal between the US and a number of other countries. Would this still be a valid way of him entering the country to visit while our K-1 is processing? What should we do if his interview ends up during the time that he'll be here? (Unlikely, but I'm a compulsive worrier.)

I really don't want to have to cancel that visit due to conflicts with the whole K-1 visa process, because I really want to see him and have him spend the holidays and our first aniversary here with me. Any advice?

[sbgwolf1 0]

I wish I could answer this, but I dont have any experience. I have read of it being done on this site. Specifically from Canada. There is no guarantee he will get across, but my understanding is it can be done.

[Milka 0]

I would not risk it. They have turned away some people. I did not risk it, because otherwise you have to start all over again.

Good luck on your further journey.

[SteveInge 0]

I posted this in my other topic, but most people payed attention to the initial questions. Quite understandable. Anyways, my fiancee' and I had planned for him to come spend the holidays here with me and my family. He has, in the past, come here on a visa waver program, meaning he gets a visa at the border because of a deal between the US and a number of other countries. Would this still be a valid way of him entering the country to visit while our K-1 is processing? What should we do if his interview ends up during the time that he'll be here? (Unlikely, but I'm a compulsive worrier.)

I really don't want to have to cancel that visit due to conflicts with the whole K-1 visa process, because I really want to see him and have him spend the holidays and our first aniversary here with me. Any advice?

Hi Arazia. I'm from Belgium, a country that just like the Netherlands also falls under the Visa Waiver Program. I have visited my sweetheart 5 times so far (3 times after filing the K1) and haven't had any problems so far. It's definitely not illegal to go the US whilst the K1 is processing but they might ask questions at the border. If they do, answer them honestly. This being said, I've read from others that some have been denied entry because apparently immigration feers that you'll stay in the US without having a Visa / illegaly. Every time I went through immigration, I told them I came to visit my boyfriend and they've never asked any further questions or asked for any kind of proof that I still have ties to my home country.

So, up to you, but I wouldn't worry too much. Good luck.

[Mew 0]

Here are some threads you can read about it:

http://www.visajourney.com/forums/index.ph...c=24770&hl=

http://www.visajourney.com/forums/index.ph...c=22675&hl=

http://www.visajourney.com/forums/index.ph...c=21387&hl=

Basically, whilst your fiance *can* visit you while his K1 is pending, he *might* be denied entry at POE, especially if the pending K1 visa comes up. As SteveInge said, if they ask questions about it, honesty is the best policy. Also, as you may be aware, approval or denial is decided by the officer at POE. He should bring proof of strong ties to his home country.

As for the interview, it's scheduled by the consulate/interview and the waiting time is of approximately 1 month (after they get the petition from NVC). So... you may want to check with the consulate or embassy if it is possible to reschedule. However, given the time they take to schedule interviews and depending on how fast the processing of your petition goes at USCIS, you might want to forget about the visit altogether so he'd come after the interview. At this point, we're merely speculating about the timeline, right?

More info: http://www.visajourney.com/consulates/inde...p;cty=Amsterdam

Edited August 17, 2006 by Mew

[Arazia 0]

Basically, whilst your fiance *can* visit you while his K1 is pending, he *might* be denied entry at POE, especially if the pending K1 visa comes up. As SteveInge said, if they ask questions about it, honesty is the best policy. Also, as you may be aware, approval or denial is decided by the officer at POE. He should bring proof of strong ties to his home country.

As for the interview, it's scheduled by the consulate/interview and the waiting time is of approximately 1 month (after they get the petition from NVC). So... you may want to check with the consulate or embassy if it is possible to reschedule. However, given the time they take to schedule interviews and depending on how fast the processing of your petition goes at USCIS, you might want to forget about the visit altogether so he'd come after the interview. At this point, we're merely speculating about the timeline, right?

How exactly does one proove strong ties to their home country? In the past, it only required a ticket/return itinerary to the country of origin. For example, he came from Brussels last time he arrived and not from the Netherlands at all.

Would it be better for us to hold off on submitting our forms to USCIS for a few months so it is less likely that they will be processed by then? I know it may sound selfish, but we really don't want to miss the Holiday visit.

[Mew 0]

Basically, whilst your fiance *can* visit you while his K1 is pending, he *might* be denied entry at POE, especially if the pending K1 visa comes up. As SteveInge said, if they ask questions about it, honesty is the best policy. Also, as you may be aware, approval or denial is decided by the officer at POE. He should bring proof of strong ties to his home country.

As for the interview, it's scheduled by the consulate/interview and the waiting time is of approximately 1 month (after they get the petition from NVC). So... you may want to check with the consulate or embassy if it is possible to reschedule. However, given the time they take to schedule interviews and depending on how fast the processing of your petition goes at USCIS, you might want to forget about the visit altogether so he'd come after the interview. At this point, we're merely speculating about the timeline, right?

How exactly does one proove strong ties to their home country? In the past, it only required a ticket/return itinerary to the country of origin. For example, he came from Brussels last time he arrived and not from the Netherlands at all.

Would it be better for us to hold off on submitting our forms to USCIS for a few months so it is less likely that they will be processed by then? I know it may sound selfish, but we really don't want to miss the Holiday visit.

You'll find that info on the third thread I listed.

[faal4anisa 0]

HI ARAZIA

To answer your question that your fiance can visit you on non immigrant visa u can read the statement of the consulor officer regarding this question-

(extract from questions asked by conselor officer in manila at usa embassy)

If your fiance has a non-immigrant visa he can still travel to the USA while his/her petition is pending. If she/he is applying for tourist visa, needs to show that she/he has significant ties to the manila/ netherland and plus return after her trip

I hope it can satisfy u

[Arazia 0]

Basically, whilst your fiance *can* visit you while his K1 is pending, he *might* be denied entry at POE, especially if the pending K1 visa comes up. As SteveInge said, if they ask questions about it, honesty is the best policy. Also, as you may be aware, approval or denial is decided by the officer at POE. He should bring proof of strong ties to his home country.

As for the interview, it's scheduled by the consulate/interview and the waiting time is of approximately 1 month (after they get the petition from NVC). So... you may want to check with the consulate or embassy if it is possible to reschedule. However, given the time they take to schedule interviews and depending on how fast the processing of your petition goes at USCIS, you might want to forget about the visit altogether so he'd come after the interview. At this point, we're merely speculating about the timeline, right?

How exactly does one proove strong ties to their home country? In the past, it only required a ticket/return itinerary to the country of origin. For example, he came from Brussels last time he arrived and not from the Netherlands at all.

Would it be better for us to hold off on submitting our forms to USCIS for a few months so it is less likely that they will be processed by then? I know it may sound selfish, but we really don't want to miss the Holiday visit.

You'll find that info on the third thread I listed.

Eheh, unfortunately almost none of the things mentioned in that other than return plane ticket itinerary apply. He has no leases, no cars, no job (he's a student), he's quitting school after this semester and starting over here in the US. That kind of leaves me hand-tied...

[Mew 0]

Eheh, unfortunately almost none of the things mentioned in that other than return plane ticket itinerary apply. He has no leases, no cars, no job (he's a student), he's quitting school after this semester and starting over here in the US. That kind of leaves me hand-tied...

If he can show he's going back to school - showing he's enrolled and has to go back to finish school - he could use that. However, there's no way to be absolutely sure whether he'd be allowed to enter or not. So you might end up spending a lot of money and putting a lot of energy/hope into something only to see that things haven't gone according to plan.

[Arazia 0]

Eheh, unfortunately almost none of the things mentioned in that other than return plane ticket itinerary apply. He has no leases, no cars, no job (he's a student), he's quitting school after this semester and starting over here in the US. That kind of leaves me hand-tied...

If he can show he's going back to school - showing he's enrolled and has to go back to finish school - he could use that. However, there's no way to be absolutely sure whether he'd be allowed to enter or not. So you might end up spending a lot of money and putting a lot of energy/hope into something only to see that things haven't gone according to plan.

That's the thing, though, he's quitting school at the end of the term so he can re-start/transfer here. So he probably won't have classes or anything to go back to. I'll talk it over with him and see what he wants to do. Would a border patrol officer generally know about a k-1 visa being in-processing? The last time he came through, all he had to say was he was visiting his girlfriend and for how long and they didn't ask anything else.

[Mew 0]

That's the thing, though, he's quitting school at the end of the term so he can re-start/transfer here. So he probably won't have classes or anything to go back to. I'll talk it over with him and see what he wants to do. Would a border patrol officer generally know about a k-1 visa being in-processing? The last time he came through, all he had to say was he was visiting his girlfriend and for how long and they didn't ask anything else.

Unfortunately, I don't know whether officers would know about a K1. Anyone?

From what I've read, even if they don't, there's no guarantee that he'll be allowed in. They might ask other questions, be tougher and ask to see proof of strong ties. There's no way to predict that.

[seldi 1]

It'll probably better for YOU to go visit. Is that a posibility?

[Arazia 0]

It'll probably better for YOU to go visit. Is that a posibility?

It is a possibility, and one we've considered previously. I have to admit that after my first visit there, I'm a little uncomfortable with his country. It's strange to be in a world where you don't speak the language and don't know the customs. His mother is not all that fond of me, as well. Nothing personal, she just doesn't like the fact that her son is dating an American. Additionally, we've had a pretty bad death in the family this past year, and in some way I feel like I shouldn't leave the country over the holidays, if that makes sense.

Anyways, I will discuss that option with him. That might be the best alternative. Thanks.

[Yodrak 7]

Arazia,

Yes, the VWP would still be a valid way for him to enter the USA.

If the interview is scheduled to conflict with the visit I would opt for the interview, but everyone has their own priorities.

Yodrak

I posted this in my other topic, but most people payed attention to the initial questions. Quite understandable. Anyways, my fiancee' and I had planned for him to come spend the holidays here with me and my family. He has, in the past, come here on a visa waver program, meaning he gets a visa at the border because of a deal between the US and a number of other countries. Would this still be a valid way of him entering the country to visit while our K-1 is processing? What should we do if his interview ends up during the time that he'll be here? (Unlikely, but I'm a compulsive worrier.)

I really don't want to have to cancel that visit due to conflicts with the whole K-1 visa process, because I really want to see him and have him spend the holidays and our first aniversary here with me. Any advice?

Milka,

Start what all over again?

Yodrak

I would not risk it. They have turned away some people. I did not risk it, because otherwise you have to start all over again.

Good luck on your further journey.