Advice Needed

[Klediomes 0]

Hi, I often read the forums and have found them really helpful, I am basically looking for some advice as I'm in a uncommon situation and I'm not sure what to do.

I'll try to keep it brief, my girlfriend (USA) was visiting me (UK) last year and when she returned to the USA she found out she was pregnant.

I went to stay with her on a Visa waiver for 85 days and during that time we decided we should file a K1 visa ( late September ). I returned home in October.

We still haven't received the NOA2 and the baby is due in late March. She needs me there now and I want to be there so I am planning to go late February.

There's going to be issues with timing etc as I have seen CSC have started processing September files but I'm not really worried about that.

My main concern is what to say on Entry, do I tell them my situation and take a copy of the k1 or do I just say I'm on a 3 week holiday and not tell them anything. My main problem is I have no ties to the UK , I'm currently staying with my parents and I am currently unemployed , I own a car and I have savings that I can show , but that is all.

I have seen conflicting advice on what to do. Will they know that I have applied for the K1? If I am refused entry will it have a negative effect on my application?

Any advice would be greatly appreciated as I'm starting to go crazy worrying about it

[didopage 337]

Try to gather all the ties you can find, even if you think it's not enough. Take a copy of NOA1, a copy of NOA2 (you should have receive it by then), have a return ticket, and I don't know, maybe a paper stating your girlfriend is due anytime soon?

I have no idea if they know you filed for a K-1, when I went there last December, I had a copy of our NOA1 and ties to my country, but I didn't mention the subject (I had a good reason to come to the US other than just visiting my fiance). I was ready to if the Officer would have ask me. Just don't lie.

If they refuse you entry, I would take proof of why you intent to come (birth certificate of your baby), at the interview.

Edited February 2, 2012 by didopage

[soteropolitana 4]

I wish I could offer you good advice but I would never encourage anyone to be dishonest when dealing with USCIS. I am in a similar situation, USC pregnant due in May , except I am already married. My husband tried to come visit me on his tourist visa that he got two years ago. We just got married in Sept., applied for the CR-1, and when he tried to enter in Oct. he said "I am coming to visit my wife and she's pregnant" and was denied at the airport!! Unbelievable - complete waste of time and money. I was ready to hurt someone...(mostly him ) Anyway, like you he doesn't have strong ties to his country. The big difference here is that you're not married and you're from a Visa Waiver country - that could help. He's is from Brazil and was flying into Miami...a well established place for Brazilians to overstay their visas or "suddenly" fall in love and get married.

The thing to remember is that if USCIS thinks that you are being dishonest or are entering with the intent to immigrate (get married and adjust your status) they have every right to deny you. Honestly...who can blame them, my husband and I definitely would have tried that but we were originally planning on living in Brazil for a while. Expecting a baby definitely changed the situation for us, but unfortunately, USCIS doesn't really care...even some people on VJ will say things like 'you shouldn't have gotten pregnant'...really sucks.

If you're really coming just to visit, then saying you're here for tourism/pleasure is completely honest - they probably won't believe you since you already applied for the K-1 - that shows some serious intent. Why risk being denied entry - not a fun experience I promise. To them, it's obvious that you're considering getting married and adjusting your status once you're here would bypass their whole process. They KNOW you applied for a K-1.

Edited February 2, 2012 by soteropolitana

[Klediomes 0]

Ok , thank you for the replies.

I was thinking the same too but I wasn't sure.

My mind is more at rest now