Jump to content
Sign in to follow this  
missyouhoney

We filed for K1. Can I visit him AGAIN using my VWP?

19 posts in this topic

Recommended Posts

OK. We filed for K1 in October. I visited him in December for 15 days. Came back home, realized we´ll have to wait another 5 months till we get the K1, miss each other like crazy. Can I go visit him for 2 months and then come back home? Do you think the Immigration Officer will allow me to enter?

Since I´m planning to do this, I´m quitting my job so I can´t prove anymore I have a job tie at home.

Thanx.

Share this post


Link to post
Share on other sites

Hmmmm, I would say technically YES, you can since Spain is part of the VWP. However, not having any ties to your job at home might make it a little suspicious. You would need piles of proof you have a reason to go back home. Keep in mind, ANY time you travel to the US you can be denied for any reason. There are no guarantees.


"You don't marry someone you can live with, you marry the person you can't live without."

Mailed K-1 on 2-6-10

USCIS received packet on 2-8-10

NOA 1: Received 2-16-10

NOA 2: Approved 4-29-10 (72 Days)

NVC Forwarded Petition to London- 5-6-10

NVC Letter Received: 5-7-1010

London Received Packet: 5-14-10

London Mailed Packet to Rob: 5-18-10

Packet 3 Received by Rob: 5-22-2010

Packet 3 paperwork mailed to Rob 6-12-10

Medical- July 8, 2010

Everything mailed to Embassy 7-19-10

Interview Date: 9-14-10- Approved pending non-machine washed replacement passport.

Entry to US- 10-6-10 POE- Newark

Wedding- 10-23-10

AOS

Mailed AOS paperwork to the Chicago lockbox 1-7-11

Delivery Notification 1-10-11

Text stating application was received 1-20-11

Check Cashed 1-21-11

NOA 1 received 1-22-11

Biometrics letter received 1-29--11

Biometrics appointment 2-24-11

Received notice- I-485 has been transferred to the California Service Center 2-9-11.

3-11-11 - EAD production ordered

3-19-11- EAD Received

3-31-2011- AOS approved without interview

Share this post


Link to post
Share on other sites

Hmmmm, I would say technically YES, you can since Spain is part of the VWP. However, not having any ties to your job at home might make it a little suspicious. You would need piles of proof you have a reason to go back home. Keep in mind, ANY time you travel to the US you can be denied for any reason. There are no guarantees.

I´d think the best proof I have is that by April (the month i´ll have my ticket back) The NVC will b sending the American embassy in Spain the packet i need to fill in, besides that, we´re paying a lawyer to help us do this, not that we aren´t clean because we´re clean, we just wanted someone to do it for us since we´re very busy.

Does this make sense?

Share this post


Link to post
Share on other sites
I´d think the best proof I have is that by April (the month i´ll have my ticket back) The NVC will b sending the American embassy in Spain the packet i need to fill in, besides that, we´re paying a lawyer to help us do this, not that we aren´t clean because we´re clean, we just wanted someone to do it for us since we´re very busy.

Does this make sense?

No it doesn't make any sense.

Remember that CBP must assume everyone has immigrant intent and, if questioned, the traveler has the burden of proving otherwise. Having a K-1 in the process is clear and present immigrant intent and there is nothing stopping your from marrying while in the US on VWP then filing to Adjust Status without returning.

IMHO that would not be wise as if they deny your AOS on VWP you have no right to appeal and will be ordered removed. Since you have a K-Visa petition in the works it would be difficult for you to deny that you had immigrant intent when you entered the US.

Some will argue that since you didn't intend to immigrate on the VWP visit you're safe but remember they would see the existing petition as intent. Of course they can't deny solely on intent but if you are asked purpose of visit how will you answer?

Share this post


Link to post
Share on other sites

No it doesn't make any sense.

Remember that CBP must assume everyone has immigrant intent and, if questioned, the traveler has the burden of proving otherwise. Having a K-1 in the process is clear and present immigrant intent and there is nothing stopping your from marrying while in the US on VWP then filing to Adjust Status without returning.

IMHO that would not be wise as if they deny your AOS on VWP you have no right to appeal and will be ordered removed. Since you have a K-Visa petition in the works it would be difficult for you to deny that you had immigrant intent when you entered the US.

Some will argue that since you didn't intend to immigrate on the VWP visit you're safe but remember they would see the existing petition as intent. Of course they can't deny solely on intent but if you are asked purpose of visit how will you answer?

Well i thought it would make sense since by the time i´m planning to fly we would already be in the middle of the process, Why would we risk it by trying to illegally marry? I mean, I´m coming back home after 2 months, rite when the packet should be arriving, it´s just that i want to spend 2 months with my honey, i miss him.

Makes a little bit more sense now?

Share this post


Link to post
Share on other sites

Bob 4 Anna is right. You can be denied entry as a tourist because of the risk that you could overstay and marry without the proper paperwork.

On the other hand, it's not wrong or sneaky or illegal for you to visit him in the States, and tell the border guard that you're visiting your fiance. That's what a "tourist" visit allows for. I got a specific question in August about going on a 3 week visit, but all they said was, "3 weeks? That seems like a long visit." I didn't say anything, and they let it go (I wanted to say, "it's not nearly long enough when you're in love!!" but I controlled myself :lol: ). They reminded me that I needed to return by the flight date, and I said, "yes, I absolutely understand, we want to do this right."

That doesn't mean I'm "more right" than Bob 4 Anna, or that my experience is more valuable - I don't think, though, that you are more likely to get turned away than to be allowed to enter. It's always a bit of a risk.

** I just want to add, I'm a Canadian permanent resident from Holland, crossing into the States on the VWP too **

Edited by iampatricias

April, 2009 - We met

May, 2009 - We wooed

June, 2010 - We got engaged, looking forward to a small August 2010 wedding

** Reality Check: K-1 Process**

July 22, 2010 - NOA1

**5 months of patient waiting**

December 29, 2011 - call around for information about delay

January 5, 2011 - RFE notice (first online status update yet!)

January 10, 2011 - RFE Hardcopy

January 13, 2011 - RFE Response acknowledged

January 24, 2011 - NOA2 (at last!!)

February 3, 2011 - application sent from NVC to Montreal (aka. the Abyss?)

March 7, 2011 - Packet 3 sent to me

March 10, 2011 - Packet 3 delivered to Montreal

March 21, 2011 - Packet 4 sent to me

April 5, 2011 - Medical

April 13, 2011 - Interview - approved!

April 20, 2011 - visa in hand

May 9, 2011 - POE (Buffalo, NY)

May 10, 2011 - wedding :)

Share this post


Link to post
Share on other sites

Well i thought it would make sense since by the time i´m planning to fly we would already be in the middle of the process, Why would we risk it by trying to illegally marry? I mean, I´m coming back home after 2 months, rite when the packet should be arriving, it´s just that i want to spend 2 months with my honey, i miss him.

Makes a little bit more sense now?

Yes, it makes very much sense. A lot of the Canadians were only allowed entry when they produced their NOA's showing they were doing things the legal way. Here's a helpful link for you:

Visitation FAQ's


iagree.gif

Share this post


Link to post
Share on other sites

Yes, it makes very much sense. A lot of the Canadians were only allowed entry when they produced their NOA's showing they were doing things the legal way. Here's a helpful link for you:

Visitation FAQ's

That´s what I thought. I hope it makes sense to the officer too, of course, I don´t think s/he fell in love with a foreigner and applied for a K1 so what makes sense to us, may not make sense to her/him.

Thank you for ur answers and for the link.

Share this post


Link to post
Share on other sites
Well i thought it would make sense since by the time i´m planning to fly we would already be in the middle of the process, Why would we risk it by trying to illegally marry? I mean, I´m coming back home after 2 months, rite when the packet should be arriving, it´s just that i want to spend 2 months with my honey, i miss him.

Makes a little bit more sense now?

I didn't mean to come off as if to say that you would be denied. Just to point out that what makes sense to those of us "in the process" doesn't always make sense to everyone else, even CBP.

Share this post


Link to post
Share on other sites

No it doesn't make any sense.

Remember that CBP must assume everyone has immigrant intent and, if questioned, the traveler has the burden of proving otherwise. Having a K-1 in the process is clear and present immigrant intent and there is nothing stopping your from marrying while in the US on VWP then filing to Adjust Status without returning.

IMHO that would not be wise as if they deny your AOS on VWP you have no right to appeal and will be ordered removed. Since you have a K-Visa petition in the works it would be difficult for you to deny that you had immigrant intent when you entered the US.

Some will argue that since you didn't intend to immigrate on the VWP visit you're safe but remember they would see the existing petition as intent. Of course they can't deny solely on intent but if you are asked purpose of visit how will you answer?

I don't know how you jumped on this tangent re: aosing from vwp. That was never mentioned...in fact, OP has said that she is going back in April to finish the fiance process.

Share this post


Link to post
Share on other sites
I don't know how you jumped on this tangent re: aosing from vwp. That was never mentioned...in fact, OP has said that she is going back in April to finish the fiance process.

I didn't jump to any tangent. I simply explained how it could be viewed by CBP officer, as I explained in my second reply (3 hrs before you replied).

Share this post


Link to post
Share on other sites
That´s what I thought. I hope it makes sense to the officer too, of course, I don´t think s/he fell in love with a foreigner and applied for a K1 so what makes sense to us, may not make sense to her/him.

Thank you for ur answers and for the link.

Like I said at the beginning...Prepare for the worst and USUALLY you will be fine.

Also, be careful what you assume and how you talk to an officer. A comment like "well, you haven't done this so that's why it doesn't make sense to you" is not likely to get you far. If you are stopped and questioned this is all you should have to say assuming you have evidence you're going back:

I am hear to visit my fiance while we wait for my immigration paperwork to be transferred to its next stages. After that I am going to go home and have my interview ....blah blah blah.

Be prepared to answer questions like the following:

What is your return date?

How much money is in your bank account?

How will you get home if your flight is canceled?

Do you work and when are you expected abck to work (I know it's no, but they'll ask)?

What is the address where you will be staying?

etc etc.


"You don't marry someone you can live with, you marry the person you can't live without."

Mailed K-1 on 2-6-10

USCIS received packet on 2-8-10

NOA 1: Received 2-16-10

NOA 2: Approved 4-29-10 (72 Days)

NVC Forwarded Petition to London- 5-6-10

NVC Letter Received: 5-7-1010

London Received Packet: 5-14-10

London Mailed Packet to Rob: 5-18-10

Packet 3 Received by Rob: 5-22-2010

Packet 3 paperwork mailed to Rob 6-12-10

Medical- July 8, 2010

Everything mailed to Embassy 7-19-10

Interview Date: 9-14-10- Approved pending non-machine washed replacement passport.

Entry to US- 10-6-10 POE- Newark

Wedding- 10-23-10

AOS

Mailed AOS paperwork to the Chicago lockbox 1-7-11

Delivery Notification 1-10-11

Text stating application was received 1-20-11

Check Cashed 1-21-11

NOA 1 received 1-22-11

Biometrics letter received 1-29--11

Biometrics appointment 2-24-11

Received notice- I-485 has been transferred to the California Service Center 2-9-11.

3-11-11 - EAD production ordered

3-19-11- EAD Received

3-31-2011- AOS approved without interview

Share this post


Link to post
Share on other sites

OK. We filed for K1 in October. I visited him in December for 15 days. Came back home, realized we´ll have to wait another 5 months till we get the K1, miss each other like crazy. Can I go visit him for 2 months and then come back home? Do you think the Immigration Officer will allow me to enter?

Since I´m planning to do this, I´m quitting my job so I can´t prove anymore I have a job tie at home.

Thanx.

I know lots of friends visiting while in the K-1 process from VWP countries and not only. Trust me, you can do it. Not all of them are employed, they were still ok. They brought every little thing they thought it would help at the POE, even a copy of the NOA1 hard copy, bank statement...

Good Luck!

Edited by Ella & Octav

N-400 Journey
03/24/2010 - 08/06/2010 - Naturalization Process for USC
K-1 Journey
USCIS: VSC; US Consulate: Bucharest, RO
09/10/2010 - I-129F NOA1
03/06/2011 - I-129F NOA2
04/14/2011 - Interview: Approved!!
04/19/2011 - POE: PHL
AOS Journey
08/06/2011 - AOS -> Chicago Lockbox
08/11/2011 - NOA
09/12/2011 - Biometrics app. in Philly
10/07/2011 - EAD & AP approved/card in production
11/09/2011 - AOS Interview: Approved!!
11/09/2011 - Card production!

ROC

08/13/2013 - ROC -> VSC

08/15/2013 - NOA from VSC

09/19/2013 - Biometrics

09/23/3013 - NOA: Transferred to CSC

10/29/2013 - Approved!! Txt/email: Card in production.

Share this post


Link to post
Share on other sites

eh, David visited me twice during the K1 process. Depends a lot on your demeanor, ties to home country, and the person who's at the checkpoint :innocent:


Naturalization

9/9: Mailed N-400 package off

9/11: Arrived at Dallas, TX

9/17: NOA

9/19: Check cashed

9/23: Received NOA

10/7: Text from USCIS on status update: Biometrics in the mail

10/9: Received Biometrics letter

10/29: Biometrics

10/31: In-line

2/16: Text from USCIS that Baltimore has scheduled an interview...finally!!

2/24: Interview letter received

3/24: Naturalization interview

Share this post


Link to post
Share on other sites

I have visited my fiancee twice since we filed the K-1, once for 10 days and once for just under the 90 day limit. Got in both times but had a tough experience on one of the visits. It's just luck what kind of mood the officer is in on the day.

Like others have said, it's ok to try, but do not assume you will be let in - and bring as much evidence of ties back home as possible, no matter how insignificant it may seem.


adu7iqzpc.png

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×