October 2014 Filers - Texas Service Center

[SantyAndAllie 155]

As an update... I contacted US Border Control, and after 40 minutes of waiting & a 5 minute conversation, the lady basically told me that if we didn't have proof of employment (meaning pay stubs) or proof of owning a home, that more than likely he would get denied entry.

My fiance works with his uncle in a family business, so he has no pay stubs. I suggested a letter from him, but she said that they're looking for pay stubs with dates on them. And he lives with his mom and brothers, so he has no proof of owning a home. I'm assuming this probably means that we're likely to not be able to visit..... And unfortunately I don't get those days off of work to visit him. His job is more flexible than mine.

I suggested to her these things for proof: Signed Bank statement, signed letter from his uncle for employment, dentist appointment letter, round trip plane ticket, copy of i129f & NOA1, & monthly phone bill. Maybe even a signed letter from our attorney. She flatly told me that if he doesn't have proof of employment or permanent residence in Ecuador that shows him having something to come back to, it's likely that he'll be denied entry. She then stated, "they [uS Border Control] just can't take that chance".

This makes me SO angry. You would THINK that they would allow visits from fiance(e)s who are IN THE PROCESS OF A K1!!! Like, how on earth would it make sense for my fiance to come and stay illegally if we were in the middle of the K1?! Why would we waste our time and pay all of that money just to turn around and be ILLEGAL? Why would we risk our marriage & life together for him to be illegally in the US??!??!?! It makes NO sense, and yet this is how border control works.

That thread is a HIGH majority of people from Canada, and the people who were from a different country were people who had official employment & owned a home. Not many people who didn't have that got in.

Ugh. The stuff that we have to go through... I just hate this. My fiance & I just want to be together for Christmas. That's all.

[Wooderz 314]

Have you not read the thread pinned at the top of the K1 process forum called "yes you can visit"?

It has a lot of stories, seemed like most were successful. Obviously I haven't read every post, but the ones I skimmed through made it seem like it generally wasn't an issue.

[SantyAndAllie 155]

Have you not read the thread pinned at the top of the K1 process forum called "yes you can visit"?

It has a lot of stories, seemed like most were successful. Obviously I haven't read every post, but the ones I skimmed through made it seem like it generally wasn't an issue.

That's the thread I was referring to in my previous comment.

I haven't finished reading yet, but as I said, most people in the thread are from Canada- not that I think that Canadians have it way easier because in some cases they don't! But it's a little different.. Latins tend to get a harsher treatment when coming to the US, and plus, most people gave a valid, official reason for returning to their countries... ie: what i mentioned before- employment, house, etc. My fiance has none of those things. To the government he won't have a "valid reason to return" while he already showed intent to marry a USC by filing the K1.

No matter how many stories I read of these successes (again, most with solid evidence).. US Border Control specifically told me they most likely would deny entry without pay stubs or proof of owning a home. :/

[Wooderz 314]

I thought it probably was, but when I clicked on the link to the thread it just took me back to the beginning of this thread.

I really didn't think that most were Canadians. It seemed like almost all of the people in that thread had additional proof but weren't ever asked to show any of it.

I understand a border control officer told you your fiance would likely be denied, but just remember that's just one officer. If there's one thing I've learned already during this process, it's that there are a lot of government employees who don't have a freaking clue and give out bad information. Maybe call back and speak to a couple more officers and see what they say?

[ForgottenNotes 12]

Lovecometruex I wouldn't risk it, it's a roll of the dice either way you look at it and I personally am not much of a gambler. Is it possible for you to go see him instead? Stupid question as I'm sure you maybe already weighed that option in your mind already.

[yuna628 9,663]

Anything is possible even with degrees of risk. It is possible to visit as persons have done it before. Would I do it? No, but that's just because I'm not willing to take any risks at all. You'd think that a person with a K1 application in the works is considered less of a threat to overstay than a normal visitor... but the government does little that makes sense. I would say that there is a good chance he'd be able to visit just fine, and just as even chance of him being refused. I think those chances don't really increase because of the fact you are now in a K1 -- but merely are the same as always. Though you know.. in the ten years we've been traveling.. we've never once had an employer letter or pay stubs and never once were asked a thing about it. Neither one of us owns a home either.

If you cannot see each other, however much heartache and disappointment it causes.. know that when this whole process is complete you'll be able to be with each other always.. making this wait, though hard, even that much sweeter.

[SantyAndAllie 155]

I know It just sucks because we got some false hope from our attorney. He specifically told us nothing is guaranteed, of course, but that it most likely wouldnt take more than a few months. AND they waited 2 months to get the application together, costing us more time.

So this whole time we thoroughly expected to be together on Christmas. It was only recently that we realized it's not gonna happen considering the data, and that's what killed us.

As for visiting, I mentioned above. I can't really take off work. I'm going to try because I'm going to be getting a new job and requesting to start in January, but it depends on how the job pays (I'm a nanny & make my own salary). If it doesn't pay enough to cover this year and an extra unplanned plane ticket, then I won't be able to. (Mind you, my fiance has money for his plane ticket, and his plane ticket is way cheaper than if I were to go to Ecuador). Plus if he were to come here, he could stay for a month. I can only stay 2 or 3 weeks.

You guys above are right, and that's exactly why we aren't risking it. I wanted to try, but it's not worth it. We don't have that money to waste, and from what I've gathered about JFK airport & most experiences, you do have to show proof of employment or something like that when it comes to coming while waiting the K1. I did call several places. I called USCIS, general US border control, the Ecuadorian consulate in Newark (our closest consulate), AND JFK's border control. All pretty much explained that proof of employment is the best way to show that he has home ties, and if he didn't show that he'd likely be deported. :/ Practically everyone on that thread had proof of employment or schooling or something. And I would say 80% of them were Canadian lol.

[JDWright 30]

Any updates?

[ForgottenNotes 12]

hoping christmas (noa2) comes early for all the rest of us that is left.

[Maria4Garrett 5]

Sent 129f on October 10th to Dallas Dropbox , got NOA 1 from California ,petition was approved last November 7th and hardcopy is on hand. Now we are waiting for any updates from NVC. Called last week but was advised to wait till December 12th as processing at NVC goes 5 weeks or more.

[JDWright 30]

Sent 129f on October 10th to Dallas Dropbox , got NOA 1 from California ,petition was approved last November 7th and hardcopy is on hand. Now we are waiting for any updates from NVC. Called last week but was advised to wait till December 12th as processing at NVC goes 5 weeks or more.

Maria, this thread is for TSC, but congrats though.

[kalbitang 6]

That's the thread I was referring to in my previous comment.

I haven't finished reading yet, but as I said, most people in the thread are from Canada- not that I think that Canadians have it way easier because in some cases they don't! But it's a little different.. Latins tend to get a harsher treatment when coming to the US, and plus, most people gave a valid, official reason for returning to their countries... ie: what i mentioned before- employment, house, etc. My fiance has none of those things. To the government he won't have a "valid reason to return" while he already showed intent to marry a USC by filing the K1.

No matter how many stories I read of these successes (again, most with solid evidence).. US Border Control specifically told me they most likely would deny entry without pay stubs or proof of owning a home. :/

Roll that dice.. its fun and exciting.. either way it will get your blood flowing

your fiance will not have issues getting into the States ... US Customs will probably ask him a few questions , like where he going,how long he staying.. who he visiting ?

thats what happen to my fiance when she came to the states from taiwan.. maybe we are more lucky ? Hell NO~~

[SantyAndAllie 155]

Roll that dice.. its fun and exciting.. either way it will get your blood flowing

your fiance will not have issues getting into the States ... US Customs will probably ask him a few questions , like where he going,how long he staying.. who he visiting ?

thats what happen to my fiance when she came to the states from taiwan.. maybe we are more lucky ? Hell NO~~

Yeah, but again, it ALL depends on customs. Yes, they can absolutely give him problems, and yes, they can send him right back. They already gave him problems his second time here, and we weren't engaged then. They have no problem doing so, and I've read that people had that done. Borders & Customs straight up told me exactly what I read on here... if he doesn't have proof of ties to go back (which is silly considering we're in the middle of the fiance visa), they'll most likely send him right back. I can't risk that. We don't have the money to risk it. And I don't think they would let him in.. I really don't. If he doesn't show that he's employed or anything like that, I'm sure that they won't allow him to stay. It's happened before. It's just not worth it to us. I'm going to try to go to Ecuador for Christmas, even though it's more expensive. :/

Thank you, though.

Edit: To make it clear, he didn't have problems coming on a VWP. The problem is that we're engaged and now in the system, so the "intent" becomes an issue. That's how the government works. Our lawyer recommended us against it because of the fact that it can send a red flag to customs. Not always, but it's like a 50/50 chance that we aren't willing to take.

Edited December 2, 2014 by lovecometruex

[CanadianYinzer 31]

It really does depend on the officer you get and what kind of mood they're in.

I was denied at the Canadian border because I was unemployed, in school, and living with relatives at the time. I had been across the border several times before that, and they never made a big deal about it..... until I got an officer who must have been having a bad day. She was so awful towards me. Over-the-top awful. She even berated me because I DIDN'T have a criminal history. She did my background check and came back and said, in the most disgusting voice, "I'm shocked your criminal background check came back clean". Everyone sitting in the immigration waiting room just sat there with their mouths hanging open.... (probably hoping they didn't get her when it was their turn) haha

Now I'm flagged forever and have to pull over and go into immigration every single time. When I cross the border now, I have to take a letter from my school saying I'm enrolled, a letter from my employer saying I'm employed, pay stubs, my rent lease, and my bank statement.

So there is always a risk of denial. Unfortunately, you're at the mercy of the officers mood for the day.

[SantyAndAllie 155]

It really does depend on the officer you get and what kind of mood they're in.

I was denied at the Canadian border because I was unemployed, in school, and living with relatives at the time. I had been across the border several times before that, and they never made a big deal about it..... until I got an officer who must have been having a bad day. She was so awful towards me. Over-the-top awful. She even berated me because I DIDN'T have a criminal history. She did my background check and came back and said, in the most disgusting voice, "I'm shocked your criminal background check came back clean". Everyone sitting in the immigration waiting room just sat there with their mouths hanging open.... (probably hoping they didn't get her when it was their turn) haha

Now I'm flagged forever and have to pull over and go into immigration every single time. When I cross the border now, I have to take a letter from my school saying I'm enrolled, a letter from my employer saying I'm employed, pay stubs, my rent lease, and my bank statement.

So there is always a risk of denial. Unfortunately, you're at the mercy of the officers mood for the day.

Exactly. Ugh, so sorry you had that experience. That's SO dumb and unfair. It's ridiculous all of these people on power trips that decide to just play with people and their feelings. :/