Travelling during the Visa Process

[Chilenitaaa 0]

Hi all,

I'm a Dutch student (almost finished) engaged to an American girl and we want to start the Visa process in late October, early November. I have a question regarding travelling during the visa process. My question is:

Is it possible to travel to the United States during the process? The plan is for me to travel to the US in December. First to Boston, then to Kentucky and finally to California. My fiancée told me that she thought she had read somewhere that it is impossible to travel while you're waiting to get the visa, but she was not completely sure.

I hope you guys can help me out!

Thanks

Victor

[baron555 934]

Hi all,

I'm a Dutch student (almost finished) engaged to an American girl and we want to start the Visa process in late October, early November. I have a question regarding travelling during the visa process. My question is:

Is it possible to travel to the United States during the process? The plan is for me to travel to the US in December. First to Boston, then to Kentucky and finally to California. My fiancée told me that she thought she had read somewhere that it is impossible to travel while you're waiting to get the visa, but she was not completely sure.

I hope you guys can help me out!

Thanks

Victor

Yes it is possible but since you will have a visa petition pending on file and will be seen by CBP (border patrol) you had better have very good evidence of reasons why you have to return to your country. It is quite possible they will allow you in and it is quite possible they will turn you away and send you back. Be ready for either circumstance; anything that happens will not affect your visa petition.

[tanabata 0]

Hi,

My I-129F application was received by the Dallas lockbox on October 3rd and I haven't yet received my NOA1.

I am the USC and my fiance is a Japanese national.

I want to have my fiance come visit me for 3-6 months while we wait on our application to be approved.

If she applies for and is denied a 6-month Tourist visa, will this have a negative impact on our K-1 visa process?

Ideally I want her to be able to stay with me for 6 months and return to Japan after the Tourist visa expires, but if that is impossible our second choice is for her to come over for 3 months on the visa waiver program.

edit: Also I would like to add that I am located in California so my application will probably go through CSC. And it looks like at this point that it will be a long wait for us.

Edited October 11, 2010 by tanabata

[baron555 934]

Hi,

My I-129F application was received by the Dallas lockbox on October 3rd and I haven't yet received my NOA1.

I am the USC and my fiance is a Japanese national.

I want to have my fiance come visit me for 3-6 months while we wait on our application to be approved.

If she applies for and is denied a 6-month Tourist visa, will this have a negative impact on our K-1 visa process?

No, not at all. Think of it this way, she hasn't done anything wrong. It's OK to ask.

Ideally I want her to be able to stay with me for 6 months and return to Japan after the Tourist visa expires, but if that is impossible our second choice is for her to come over for 3 months on the visa waiver program.

Using the VWP is not a slam dunk; the same denial may occur, maybe not at the Bmbassy but maybe at POE. Teh border patrol will have a record of her petition and she needs strong evidence of reasons to return to her country before they allow her in, regardless of visa type she has. She may be allowed in and she may not be. Either decision wont' affect the petition.

edit: Also I would like to add that I am located in California so my application will probably go through CSC. And it looks like at this point that it will be a long wait for us.

[tanabata 0]

Thank you.

That is reassuring to know that it won't affect the k-1 process.

Another question: Can she come on the visa waiver program for 3 months, go back to Japan, and then come back for another 3 months?

edit: I know everyone is in the same boat, but I want to see her again so bad that it hurts

Edited October 11, 2010 by tanabata

[baron555 934]

Thank you.

That is reassuring to know that it won't affect the k-1 process.

Another question: Can she come on the visa waiver program for 3 months, go back to Japan, and then come back for another 3 months?

edit: I know everyone is in the same boat, but I want to see her again so bad that it hurts

Same answer. If she can get through the border control. They very may send her back. Just be prepared for that.

The reason is that with the petition, part of which she signs, she is admitting to wanting to immigrate to the US, not just visit. So this makes her a bigger deal than a tourist. She can immigrate here but just through a legal process, one of which you are pursuing.

Edited October 11, 2010 by baron555

[Nik+Heather 121]

So firstly, I've seen other reports that CBP actually can NOT see if you have a pending petition. Secondly, if you're traveling on the visa waiver program it is totally possible (we did it!), dare I even say "EASY" to get into the US to visit even if you openly claim a relationship with a US citizen and show them proof of your pending immigration petition.

Check out the FAQ regarding visiting during the K-1 process: www.visajourney.com/content/k1visit

Regarding the other poster's question I agree with Baron, especially on the 2nd back-to-back maximum stay trip it will be very much up to the border officer, how bad their day is, if they've had their coffee yet, the phase of the moon, etc.

[tanabata 0]

Thank you Nik+Heather! That is very good to hear that my fiance visiting my on the visa waiver program shouldn't be a problem!!

Because she be visiting me for 3 months, she will lose her employment and she doesn't have an apartment (living with parents). Will not having employment and not having an apartment lease be a problem for her? She definitely has enough funds to support herself and will definitely have a return ticket.

When she gets to the POE, should her purpose of visit be vacation (which is the truth). Also must she say that she will be staying with her fiance?

When your fiance visited, did he say that he will be staying with his fiance?

Also, are processing times for the K-1 visa faster for countries like those in the visa waiver program? Or do all applications take about the same amount of time?

[Nik+Heather 121]

Thank you Nik+Heather! That is very good to hear that my fiance visiting my on the visa waiver program shouldn't be a problem!!

Because she be visiting me for 3 months, she will lose her employment and she doesn't have an apartment (living with parents). Will not having employment and not having an apartment lease be a problem for her? She definitely has enough funds to support herself and will definitely have a return ticket.

When she gets to the POE, should her purpose of visit be vacation (which is the truth). Also must she say that she will be staying with her fiance?

When your fiance visited, did he say that he will be staying with his fiance?

Also, are processing times for the K-1 visa faster for countries like those in the visa waiver program? Or do all applications take about the same amount of time?

Really, it's up to the officer you get that day. Nik visited for 88 days or so and we went through the POE together, so the officer knew he was in a relationship. He didn't have a documented job - which as you say is part of what enables people to visit for so long! but he was able to say that he helped his parents in their store, and that he lived with family, so he didn't have most of that list either, and they still let him in. Honestly, there are some stories out there where people were denied entry on the VWP, but it is my opinion that they had extenuating circumstances such as: Too many days in the US already, or they were being suspicious (NZ citizen trying to drive over Canadian border w/ a lot of stuff, for example)

I think it may make things worse if she tries to pass off her visit as a casual thing and THEN it comes out she has a fiance (though even this has not been a deal breaker before). Aside from the time where he entered with me, Nik actually showed the receipt notice for the petition as part of his proof that he was going to follow the rules about immigration.

The processing time for the petition does not depend (at all!) on the country of the beneficiary. Some consulates are slower than others, and some consulates (mainly middle east/north africa) consulates also have frequent additional processing delays, but Japan isn't one of them. There's a timeline function on here and you can look at your embassy statistics to get a better idea.

[R&V 8]

I visited once for 89 days while we went through the K1 process. I had no problems coming in, but I had had problems before (i.e. intense questioning). Bring evidence that you have a job/apartment etc, that way you can prove you're not trying to "sneak" in. Good luck!

[JlovesA 109]

I just wanted to chime in about whether CBP knows they have a petition. I have never ever heard anyone on here say they were turned away because CBP knew about the petition. Also, it doesn't make sense that they could know because you don't provide your passport # during the original application, so when they scan your passport, it's not like it's been linked to USCIS.

Who knows though...I've never heard an official answer.

[tanabata 0]

R&V,

Did you visit twice while your K-1 was being processed? If so, how long was your first visit? And how long did you wait till the subsequent visit(s)?

The problem for my fiance is that she will have to quit her job in order to visit me for 3 months And she doesn't have an apartment.

JlovesA,

Does that mean that she doesn't have to mention that she will be staying with her fiance?

[R&V 8]

tanabata,

I was here for three months from August last year, then we filed, then I came over one more time. So really only once. I was terribly nervous, but it worked out well (came in on Christmas ).

I don't know what to tell you, I guess it's always somewhat of a risk... but it worked out.

Good luck!

[JlovesA 109]

R&V,

Did you visit twice while your K-1 was being processed? If so, how long was your first visit? And how long did you wait till the subsequent visit(s)?

The problem for my fiance is that she will have to quit her job in order to visit me for 3 months And she doesn't have an apartment.

JlovesA,

Does that mean that she doesn't have to mention that she will be staying with her fiance?

I don't think it's a good idea to lie, TBH. Because if she gets pulled into secondary and questioned, the truth will come out and lying looks very bad.

As long as she can confirm she has a job and some ties to her country, I wouldn't worry. People here tend to make a big fuss out of it, but lots of people visit the USA without problems. I myself live 80 miles from my fiance and CBP doesn't bother me much. I do admit I refer to him as my "boyfriend" (I don't have a ring that proves otherwise). They ask, "Where do you work?" I tell them and the next thing out of their mouth is "Have a nice trip." So really...try not to worry too much about it. Short, truthful answers work best.

Oh I just noticed you said she has to quit. Does she need to visit you for 3 months? Is there anything that will show she needs to return? I use my gym membership, my car lease, and the NOA1 as ties but I've never been asked for them.

Edited October 11, 2010 by JlovesA

[VeraVimes 5]

Hi,

My I-129F application was received by the Dallas lockbox on October 3rd and I haven't yet received my NOA1.

I am the USC and my fiance is a Japanese national.

I want to have my fiance come visit me for 3-6 months while we wait on our application to be approved.

If she applies for and is denied a 6-month Tourist visa, will this have a negative impact on our K-1 visa process?

Ideally I want her to be able to stay with me for 6 months and return to Japan after the Tourist visa expires, but if that is impossible our second choice is for her to come over for 3 months on the visa waiver program.

edit: Also I would like to add that I am located in California so my application will probably go through CSC. And it looks like at this point that it will be a long wait for us.

All I can do is give you my personal experience, but for this, that is generally the best thing. Firstly, in case you haven't found this thread yet, http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/ helped me lots when I was planning my visit to the US last August. Reading through all the different experiences and advice is the most useful thing you can do.

When I went, I brought with me:

A copy of our NOA1

Our letters of intent

A copy of the I-129F form

Copy of my fiance's passport

Confirmation emails from a school in London I was going to attend upon my return to Europe (a week after the date of my return flight)

Correspondence between my aunt and myself showing we had an agreement I would be staying with her in October and November

As you can see, I didn't have a job or an official lease. The most concrete was the information from the school. I was very nervous when I went through, but as luck would have it, it was very very busy and I think the officer was pretty bored by the time I got to him. I was totally honest, when he asked me who the person was that I was staying with I told him he was my fiance and that we were in the K1 process. He stamped my passport and off I went. Basically, they don't have a problem with people visiting during the process. (I honestly also don't think they can see the pending visa when they scan your passport. At least not unless they look a little further).

As for the tourist visa, I have read in several threads that you can't apply for a tourist visa while you're applying for a K1. They automatically deny. I don't think that this refusal would have an adverse effect, but it might be waste of your time. I could be wrong about this, so by all means try it. I'd research it very thoroughly beforehand, though.

If she flew in, stayed 3 months, left, and flew back shortly afterwards for another 3 months... I think you may run into some problems. You'd probably want to lie about the duration of the first stay, and lying is never a good thing at the POE. I know how you feel, that is all I want to do, but I honestly don't think you can avoid being apart for some of the time during this process. I think you'd run the risk of her being denied, and a denied entry could look bad on your application.

If I were to give you a solid advice it would be to go for a 3 month trip on the Visa Waiver Program. Bring as much proof of ties as you have. Be honest, chances are very good that she'll get in. Make the most of your 3 months together. At the end of it, she'll go home. Then see how you feel. Leave it a little while before she comes back. Maybe you can visit her (I've found that shorter trips, though frustrating, are effective at keeping the pain of separation at bay). Though the CSC is very slow now, it may well pick up again between now and six months. You may find that after her 3 month trip, she has to start putting together packages and what not. Basically, take it as it comes.

Sorry for the lengthy reply, but I want you to be well-informed, it's the only way to go. Bear in mind that I'm no expert, I'm not privy to any more information than anyone else on this site, and other people do have more experience than I do. I wish you a lot of luck on your journey, and stay patient, even when your tearing your hair out...