Travelling to see Fiance during K1 VISA PROCESS!

[Martin_Jana 0]

Hello VJers. I dont know how to even start this! I seem to always have problems to formulate a question since english is my second language but here it goes. Okay so my question is, me and my fiance filed K1 visa around december and we are not expecting our NOA2 until june/july but i have booked tickets to see her in the end of march and go back to UK in may. What worries me is the fact that i have never told immigration officers that i am going to america to see my girlfriend i have always been telling them that i am here for a holiday and to see few friends, and i had no problems going through board control.But this time its abit different because i have a feeling they can see on their records that we have filed K1 visa and if i say i am going to see a friend they gonna see that i am pretty much am lying about it..I also feel like if i say i am going to see my future wife they are gonna think that i am not coming back to UK or something! I have been reading from previous posts that its good to bring somethhing that will prove that you have a reason to comeback home but problem is i dont work right now and i am still living with my parents so i dont get that many bills to pay! So my main concern is do i tell them i have filed K1 visa and i am going to see her to get all the documents right and spend time with her before i go home and wait for my interview or do i just say i am here for a holiday staying with my friends? If any of you know anything about this or have experienced it before i would really appreciate if you could help! Thank you!

[RandyN 10]

Hello VJers. I dont know how to even start this! I seem to always have problems to formulate a question since english is my second language but here it goes. Okay so my question is, me and my fiance filed K1 visa around december and we are not expecting our NOA2 until june/july but i have booked tickets to see her in the end of march and go back to UK in may. What worries me is the fact that i have never told immigration officers that i am going to america to see my girlfriend i have always been telling them that i am here for a holiday and to see few friends, and i had no problems going through board control.But this time its abit different because i have a feeling they can see on their records that we have filed K1 visa and if i say i am going to see a friend they gonna see that i am pretty much am lying about it..I also feel like if i say i am going to see my future wife they are gonna think that i am not coming back to UK or something! I have been reading from previous posts that its good to bring somethhing that will prove that you have a reason to comeback home but problem is i dont work right now and i am still living with my parents so i dont get that many bills to pay! So my main concern is do i tell them i have filed K1 visa and i am going to see her to get all the documents right and spend time with her before i go home and wait for my interview or do i just say i am here for a holiday staying with my friends? If any of you know anything about this or have experienced it before i would really appreciate if you could help! Thank you!

Do not lie. They know about the K-1. One thing that I would bring are any NOA's you've received. That shows you are trying to do things the right way.

[Boiler 43,456]

What is your nationality, sounds like you have a B2?

[Martin_Jana 0]

No i will be coming through the visa waiver program, i am lithuanian but i have lived in UK since i was a kid. We have only received the first notice of action and i am just worried if that is all i have to show for proof they will deny me, as i said before i dont have alot of ties to home that they would accept as proof. i am just wondering if anyone has had any first hand experience with coming to see their fiance during the K1 visa process and didnt tell the officer if they were coming to see their fiance. Did officer mention the K1 visa? or were you denied because they found out that you were lying? any info would be great, thank you

[GringoD 33]

You're probably screwed.... for misrepresentation.

Something inside of me says: I hope so.

Edited February 5, 2012 by GringoD

[GandK 168]

Hello VJers. I dont know how to even start this! I seem to always have problems to formulate a question since english is my second language but here it goes. Okay so my question is, me and my fiance filed K1 visa around december and we are not expecting our NOA2 until june/july but i have booked tickets to see her in the end of march and go back to UK in may. What worries me is the fact that i have never told immigration officers that i am going to america to see my girlfriend i have always been telling them that i am here for a holiday and to see few friends, and i had no problems going through board control.But this time its abit different because i have a feeling they can see on their records that we have filed K1 visa and if i say i am going to see a friend they gonna see that i am pretty much am lying about it..I also feel like if i say i am going to see my future wife they are gonna think that i am not coming back to UK or something! I have been reading from previous posts that its good to bring somethhing that will prove that you have a reason to comeback home but problem is i dont work right now and i am still living with my parents so i dont get that many bills to pay! So my main concern is do i tell them i have filed K1 visa and i am going to see her to get all the documents right and spend time with her before i go home and wait for my interview or do i just say i am here for a holiday staying with my friends? If any of you know anything about this or have experienced it before i would really appreciate if you could help! Thank you!

You should never ever lie to the CBP and now you shouldn't try to make things worse by lying again next time, That would make sure that you will be turned away at the POE and risk a ban.

Answer the questions truthfully but brief, if they ask what is the purpose of visit, it is enough to say you are there to visit your fiancé. No need to elaborate unless they ask you to.

Now that you cannot prove any strong ties to home country, it is very likely that you will be denied entry and put on the plane back home. You can still take the chance and go there in March, but do not be surprised if they pull you aside for secondary screening. I would change the trip and have her visit you instead if possible. if not then it is up to you if you want to take the risk or not. The worst thing that can happen is you lose the ticket money and time.

Here is a recent VWP entry denied

http://www.visajourney.com/forums/topic/347798-refused-entry/

Edited February 5, 2012 by GandK

[Boiler 43,456]

He is going for 5 weeks or so on the VWP, I doubt there will be a problem.

Just answer the questions you are asked to the point, no need to elaborate.

[Martin_Jana 0]

You're probably screwed.... for misrepresentation.

Something inside of me says: I hope so.

umm you hope so? well thanks, here's to hoping your interview fails...

i am asking for advice, not rude comments. not really sure why you would say you hope so? i have not done anything wrong i have simply been telling them i was going to see a friend because when i first went it WAS a friend, we liked each other but we weren't sure if we would fit together in person. the second time am i going to switch my story around to 'i'm going to see my girlfriend' so they are suspicious? NO.

just cant believe how rude lol

[Martin_Jana 0]

You should never ever lie to the CBP and now you shouldn't try to make things worse by lying again next time, That would make sure that you will be turned away at the POE and risk a ban.

Answer the questions truthfully but brief, if they ask what is the purpose of visit, it is enough to say you are there to visit your fiancé. No need to elaborate unless they ask you to.

Now that you cannot prove any strong ties to home country, it is very likely that you will be denied entry and put on the plane back home. You can still take the chance and go there in March, but do not be surprised if they pull you aside for secondary screening. I would change the trip and have her visit you instead if possible. if not then it is up to you if you want to take the risk or not. The worst thing that can happen is you lose the ticket money and time.

Here is a recent VWP entry denied

http://www.visajourney.com/forums/topic/347798-refused-entry/

how would i be banned? if i get turned away i don't think i will get a ban from coming back, just a ban from using the VWP....

the whole reason i started this thread was to get FIRST HAND experience of someone not mentioning they were going to see their fiance, and if the officer KNEW they filed the K-1 visa, or if they just didn't mention it...

i am NOT coming there on a tourist visa

i have NOT told them i filed for the K-1 or that i even have a girlfriend there

all i want to know is if the border control officers can see on their little passport info screens that i have filed for K-1? does it show up VERY clearly right there, or would they have to search for it or put in a request blah blah. i really don't feel like straight out announcing i am going to see my fiance, since i mentioned before i have never said that before. so i think my best bet would be to just say friends again...somehow i think i will have a way bigger chance than saying yes i've been coming here for 2 years to visit my friends now i am coming to see my fiance.

so again, my question is this.

CAN the border control officers see that we have filed for K-1 visa? I know someone said that they do know about it, but does anyone have any EXPERIENCE with going there and being denied because they did not mention it?

and no more rude replies please...thanks.

[orangedesk 27]

the whole reason i started this thread was to get FIRST HAND experience of someone not mentioning they were going to see their fiance, and if the officer KNEW they filed the K-1 visa, or if they just didn't mention it...

So, my fiance is coming here on Wednesday from the UK under the VWP. We started the K-1 process in December. There are so many questions about visiting while a K1 is in process, I really don't know why there isn't a "pinned" thread. Obviously since he isn't here yet, we only have past speculation to go off of and the same questions. In fact, I asked the same question when I first joined this forum: http://www.visajourney.com/forums/topic/340256-living-situation/page__p__5025975#entry5025975

My plan is to have my fiance come here starting on Wednesday for 87 days under the VWP. He is NOT going to lie to customs and he is going to say "I'm here on vacation to visit my fiance, meet her family and friends and see the sights of America while our K1 is in process." There is much speculation as to whether the customs officer will know there's a K1 in process, but everyone I've talked to seems to be under the opinion that they do know because airlines transmit all passenger names before a flight takes off to the U.S. government. At that point, the government does whatever screenings, etc. and I'm sure that would include immigration since it's the same government agency as customs under the Department of Homeland Security.

That being said and all of the past threads about visiting on this message board, I had a consultation with an immigration attorney AND called Customs passenger services at O'Hare airport (where my fiance will be flying into) about visiting while the K1 was in process.

The lawyer said I was definitely "over-worrying" and that having a return flight and any ties to home would be very helpful. He said that he might be called in for secondary screening, but that he's confident that everything will be OK. When I explained that I read on a visa message board about someone being turned away from the UK (previous post linked to this person's story) and said the reason they gave her was abusing the VWP, he said that only happens if a person visits a lot, i.e., visiting for 87-90 days, going home for 3 days, then coming back for another 90 days. He said someone who has visited a few times for a few weeks, that's not going to be an issue. He also said to just bring a copy of the NOA1 and show that we're doing everything legally. Overall, the lawyer didn't seem concerned.

When I talked to Customs about it, they said there is absolutely NO PROBLEM with visiting while a K1 is in process. The woman on the phone was very pleasant actually and just said as long as a person qualifies for travel under the VWP and has a return flight and is here for tourist purposes like visiting friends, seeing the sights, etc. there shouldn't be a problem. I mentioned him bringing a letter from his employer and she said that's a great idea if there's secondary screening but that the main thing to remember is that anyone who travels under the VWP, they just want to make sure the person qualifies to travel under VWP.

Sorry this is so long, but I've done a lot of research and a lot of planning. I know there's no guarantees at the border, and will keep everyone posted with what happens with my fiance on Wednesday night, but my advice is: do not lie. Be up front about everything because visiting as a tourist while the K1 is in process is OK.

[GandK 168]

how would i be banned? if i get turned away i don't think i will get a ban from coming back, just a ban from using the VWP....

the whole reason i started this thread was to get FIRST HAND experience of someone not mentioning they were going to see their fiance, and if the officer KNEW they filed the K-1 visa, or if they just didn't mention it...

i am NOT coming there on a tourist visa

i have NOT told them i filed for the K-1 or that i even have a girlfriend there

all i want to know is if the border control officers can see on their little passport info screens that i have filed for K-1? does it show up VERY clearly right there, or would they have to search for it or put in a request blah blah. i really don't feel like straight out announcing i am going to see my fiance, since i mentioned before i have never said that before. so i think my best bet would be to just say friends again...somehow i think i will have a way bigger chance than saying yes i've been coming here for 2 years to visit my friends now i am coming to see my fiance.

so again, my question is this.

CAN the border control officers see that we have filed for K-1 visa? I know someone said that they do know about it, but does anyone have any EXPERIENCE with going there and being denied because they did not mention it?

and no more rude replies please...thanks.

You could get banned for material misrepresentation i .e. lying to the CBP, and that doesn't matter if you are using tourist visa or VWP.

You are going there to see your fiancee, are you not? you are not going to see your friends this time. So if you tell the CBP you are here to visits friend, that is lying and if they bust you, there is likely to be consequences.

Not sure what exactly they can see on their little screen but I read several places that people with immigration visa pending got pulled for secondary screening. I can tell from my own experiences that they can see your family travel history to the USA for sure. I was questioned about my dad's frequent trips on one occasion.

edited. I also read a lot of people with immigration visa pending got through without any problem with the usual question business or vacation, no secondary screening. So chances are that you are over worrying about things that you could very well breeze through it. But be aware that though, if you do get pulled for secondary screening, you are definitely going to get turned away if you don't have any strong ties to show.

I'm going to visit my fiancee on the 1st of march myself, will report back how it goes at the POE.

Edited February 5, 2012 by GandK

[Martin_Jana 0]

So, my fiance is coming here on Wednesday from the UK under the VWP. We started the K-1 process in December. There are so many questions about visiting while a K1 is in process, I really don't know why there isn't a "pinned" thread. Obviously since he isn't here yet, we only have past speculation to go off of and the same questions. In fact, I asked the same question when I first joined this forum: http://www.visajourney.com/forums/topic/340256-living-situation/page__p__5025975#entry5025975

My plan is to have my fiance come here starting on Wednesday for 87 days under the VWP. He is NOT going to lie to customs and he is going to say "I'm here on vacation to visit my fiance, meet her family and friends and see the sights of America while our K1 is in process." There is much speculation as to whether the customs officer will know there's a K1 in process, but everyone I've talked to seems to be under the opinion that they do know because airlines transmit all passenger names before a flight takes off to the U.S. government. At that point, the government does whatever screenings, etc. and I'm sure that would include immigration since it's the same government agency as customs under the Department of Homeland Security.

That being said and all of the past threads about visiting on this message board, I had a consultation with an immigration attorney AND called Customs passenger services at O'Hare airport (where my fiance will be flying into) about visiting while the K1 was in process.

The lawyer said I was definitely "over-worrying" and that having a return flight and any ties to home would be very helpful. He said that he might be called in for secondary screening, but that he's confident that everything will be OK. When I explained that I read on a visa message board about someone being turned away from the UK (previous post linked to this person's story) and said the reason they gave her was abusing the VWP, he said that only happens if a person visits a lot, i.e., visiting for 87-90 days, going home for 3 days, then coming back for another 90 days. He said someone who has visited a few times for a few weeks, that's not going to be an issue. He also said to just bring a copy of the NOA1 and show that we're doing everything legally. Overall, the lawyer didn't seem concerned.

When I talked to Customs about it, they said there is absolutely NO PROBLEM with visiting while a K1 is in process. The woman on the phone was very pleasant actually and just said as long as a person qualifies for travel under the VWP and has a return flight and is here for tourist purposes like visiting friends, seeing the sights, etc. there shouldn't be a problem. I mentioned him bringing a letter from his employer and she said that's a great idea if there's secondary screening but that the main thing to remember is that anyone who travels under the VWP, they just want to make sure the person qualifies to travel under VWP.

Sorry this is so long, but I've done a lot of research and a lot of planning. I know there's no guarantees at the border, and will keep everyone posted with what happens with my fiance on Wednesday night, but my advice is: do not lie. Be up front about everything because visiting as a tourist while the K1 is in process is OK.

thanks for the reply, we also filed in December. we are just very worried because i feel like if i say i am going to see my fiance, they are going to look at the past visits where i said friends and deny me. then again if i say friends, what if they can see the K-1 visa and deny me for that? kind of tempted to just cancel the tickets and wait until she is done with school to have her come visit me. please keep me updated on how his POE goes! x

[Martin_Jana 0]

You could get banned for material misrepresentation i .e. lying to the CBP, and that doesn't matter if you are using tourist visa or VWP.

You are going there to see your fiancee, are you not? you are not going to see your friends this time. So if you tell the CBP you are here to visits friend, that is lying and if they bust you, there is likely to be consequences.

Not sure what exactly they can see on their little screen but I read several places that people with immigration visa pending got pulled for secondary screening. I can tell from my own experiences that they can see your family travel history to the USA for sure. I was questioned about my dad's frequent trips on one occasion.

edited. I also read a lot of people with immigration visa pending got through without any problem with the usual question business or vacation, no secondary screening. So chances are that you are over worrying about things that you could very well breeze through it. But be aware that though, if you do get pulled for secondary screening, you are definitely going to get turned away if you don't have any strong ties to show.

I'm going to visit my fiancee on the 1st of march myself, will report back how it goes at the POE.

as in banned from coming back to the USA? so say if i said i was coming to see friends, got pulled for secondary screening, they asked about the visa and i told the truth about filing. would i then be banned because i didn't mention the visa? because haven't people been denied entering before for not telling the truth but weren't banned? i would not be happy if i got turned away, but i don't think i would even risk it if it's possible i could be banned...

[GandK 168]

Yes, banned from coming back to the US. I found this on the CBP website about lying in the ESTA application.

3. You answered a question about your eligibility to travel to the U.S. under the visa waiver program incorrectly and were denied authorization as a result.

If you misunderstood the question, or thought something in your background was a reason to be denied and found out later that it was not, we advise you to contact us so we can review your answer. You should send us an email (see instruction below) explaining why you selected "yes" to that question, and asking for clarification on next steps.

If you discover that you are not eligible to come to the U.S. under the visa waiver program, because of a CIMT (such as fraud, or possession of narcotics) or other reason, your only option is to apply for a visa. At that time your previous actions, along with your current situation will be assessed, and the embassy may determine that you are now eligible to come to the U.S. on a visitor or other type of visa. If you lie on your ESTA application and are able to board a plane because of the deception, when you arrive, you will be removed and banned from entering the U.S. for up to 5 years.

I don't know about lying to CBP at the POE but I suspect you risk the same consequences. They really take this seriously, ever more so after the 9/11

Personally, I don't think it's worth the risk at all. You can read more here.

https://help.cbp.gov...sta-application

Edited February 5, 2012 by GandK

[Boiler 43,456]

They do say a little knowledge can be dangerous.