Any risk....or not?

[Paul_Light 3]

Hi All, again

Finally we have applied for our K1 visa.

I am interested in peoples views on the following :

I was in the U.S. for 3 weeks in February 2006 and then from June 2006 through to end of July 2006. Weekend in Mexico, return to the U.S. 2 August 2006 and finally leaving on 30 October 2006.

Currently I am "living" in Mexico so that my fiance can visit me. 2 trips so far, another (with her 4 year old twins this Thursday) and 1 more on 29 December 2006.

When I leave Mexico to return to the U.K., possibly in January 2006, I will have to fly via DFW (my fiance lives just 30 minutes from the airport!).

Question :

Is it worth booking an onward flight for, say 2 weeks time, and attempting to enter the U.S. again on the VWP?

What would happen if I was refused entry? Could this affect the K1 visa application?

Thanks

Paul

[rebeccajo 14]

Paul, there's always the element of risk that you will be turned back. A turnback won't cause the petition to be denied but it could cause delays at the consulate level. Perhaps an extra set of fingerprints before the initial interview. Just depends on what they stamp in your passport if a turnback happens.

What I'm unsure of is which consulate your petition will end up in. Mexico or UK.

Edited December 11, 2006 by rebeccajo

[mozplay 29]

Whether or not to risk the flight is completely up to you. Nobody can tell you if you will have a succesful crossing or not as it is entirely up to the customs officer. However, if you do decide to cross, make sure and take as much evidence as you can to prove that you do intend on returning. Many people have taken their K1 information to show that they are going through the process legally. However, because you have no timeline, I don't know how far along in the process you are.

As far as how a possible refusal of entry would affect the petition goes - general consensus is that it does not matter too awful much at the K1 level. How accurate this is, I do not know. Nor am I sure if this will impact anything during the AOS portion. Someone else will have to help you there.

Good luck!

[Yodrak 7]

Paul,

Point of clarification: "we" have not applied for "our" K1 visa. Your fiancee has applied (petitioned, actually) to qualify you to apply for a K1 visa. When the government acknowledges that you do qualify to apply, then you can apply.

Yodrak

Hi All, again

Finally we have applied for our K1 visa.

....

Paul

Edited December 11, 2006 by Yodrak

[payxibka 10,048]

Has the petition been filed? You were just asking in another post for the physical address for TSC.

[Paul_Light 3]

Has the petition been filed? You were just asking in another post for the physical address for TSC.

All forms are filled in and it is going to be posted today / tomorrow.