Question about visits while in processing...

[mozplay 29]

Arazia,

I have the sense from reading the posts of others on this topic, that the farther along in the process you are the easier it seems. Showing customs your in-process K-1 SEEMS to be proof in itself that you are planning on returning and going through the proper, legal channels. Now to be clear, I have never done this, I am not giving you advice or firsthand experience, just passing on what I have read from other posts. However, this has mostly been my understanding from posters in the Canada forum ... driving back across the border is a lot less costly than eating the cost of a plane ticket.

Question ... someone inferred earlier (sorry I don't remember the name now) that if you get turned away you have to start the whole process over. Really?? This counts as a strike against you? Sorry if I read it wrong (unfortunately I can't find it if I scroll down now) but I just want to confirm that this is true.

Mo

[Yodrak 7]

Arazia,

Let's consider this issue of 'strong ties' in the context of impending immigration. It's an excellent and frequently asked question, and the frequently given answers tend to ignore 2 significant points about the situation.

- First, a negative - whatever ties the alien has to their home country, plans are being made to break them. Why? Because there exists a stronger tie to the USA - the fiance(e) (or spouse, as the case may be) - and the strength of that tie to the USA is evidenced by the fact that the couple's plan is to reside in the USA rather than in the other country.

- Second, a positive - the decision to allow entry or not is based not on a future intention but on the intention for this entry. So concentrate on that - being able to document the plan for this entry. Much easier said than done, I'm afraid. The best 'evidence' is the person themself and the impression they give. The next best evidence would be the person's history of visits, assuming it is a 'good' history. If it's a 'bad' history (such as 'visiting' for 3 months, going home to 'live' for two weeks, and then 'visiting' again for another 3 months) this bit of evidence would likely trump an otherwise winning hand.

Yodrak

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.

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.

...

Edited August 17, 2006 by Yodrak

[Arazia 0]

I want to thank everyone who gave me advice on this topic yesterday. I talked with my fiancee' and found out that his vacation comes in the middle of his term, so he will have two weeks of classes after he returns to the Netherlands after his trip here for the Holidays. So, I'll make sure he has his schedule with him as proof that he has to go back. We are going to risk him coming here, as we're both far more comfortable with that.

[Dylan'sWife 2]

Hi, I have had 4 visits to the US in the last year to see Dylan. The first two we were only dating and I told them officer that I was going to see my boyfriend. Other than one comment "Can't you find a boyfriend here?" * (*meaning Canada) which was more tounge and cheek than anything else I didn't have a problem.

The second two times I told them I was going to visit my fiance. I didn't have a problem but I wasn't applying for a K-1 at the time.

Now that I am married and we started the K-3 process, I am planning another visit this Sept to see him.

I have been told pretty much the same thing that you have been told. It's not forbidden to enter the US but there is a chance that the visitor can be denied entry and in some cases banned.

The most important thing I've been told is to tell the truth. Fortunately for me, I have the inablitily to lie so that won't be an issue for me and is actually more a releif.

The second most important thing is that I'm more prepaired in the event that I am refused. I'll be disapointed but I won't have a total break down.

Good Luck,

Martina

[aussiewench 9]

There is a very good thread discussing this issue HERE. Note in particular posts by imiak (a former CBP officer)

[knowledge 0]

There is a very good thread discussing this issue HERE. Note in particular posts by imiak (a former CBP officer)

I have read that thread before, now that you put it Aussie, again to refresh my mind...and what i have noticed is that that former border officer, said his "opinion", that many on here made it now their own personal limit or not limit not to infringe. What I can add here, if it might help some, is that a lawyer told me this: "the law does not forbid a spouse to visit his/her spouse in the Us". But as we know, we must tell the truth.

In my opioion, I do not think that's up to the mood of the officer to accept or not. this is not a pms mood situation, but there is a logic to why and when the officer decides the person must be let or not in the US, and the reasons are many: from the naivity of the alien to some real stuff to be suspicious about. We really must know ourselves, be consistent, authentic, and have good reasons and arguments of visit. And their duty at the border, as the it's written in big letters there, is that they have to be professional in whatever they do, respect people and be reasonable. I believe the collaboration has to be on the both sides, and for us to respect their work of protecting the country.

Just my 2 cents.