Living in the US while waiting for K-1 Visa process

[Snowboardinwny 0]

My Fiancée Is a Philippine resident currently living in Nova Scotia.  She went to Canada as a Student with intentions of Becoming a permanent resident there.  I live in Buffalo NY and met her in October of 2015 while she was living in St. Catharines ON., where she went to school.  In march of 2016 She moved to Nova Scotia for work.  This March her work permit will run out and we are planning for her to live with me in buffalo until it is time for her to go back to the philippines for the final interview.  

 

She has been to the US several times on her tourist visa.  The most resent times were after we filed for the K-1 Visa in August of 2017.  We have an NOA1 date of August 18, 2017, hoping for an NOA2 date of early March.  She had come here For a friends wedding in October, Thanksgiving, and Christmas.  The only difference now with her coming into the US is that she will not be returning to Canada.  She would be leaving her job and her lease agreement where she is currently staying.  Would this throw up a huge red flag coming over the border?  Also with not having a return flight would that be an issue?  

 

Also, is it possible to go to the Philippines, have the medical appointment, final interview, and come back to the US on the k-1 visa within 3 weeks time?  I ask this because we are planning to go to the Philippines together so I could meet her family and see her home country and culture.  Three weeks is the most time I can get from work.  

[TNJ17 1,329]

If she is gonna try to cross the border without a return flight, a job, or any strong ties to her home country while you have a petition pending for her she will most likely be denied entry at POE. If she is awarded entry which is very unlikely, she can only stay until the date the CBP stamps on her I-94. Just have her go back to her home country while waiting processing. It sucks to be apart but it’s just something that needs to be done and you get through it. If you were an August NOA1, you should be getting your NOA2 in a few months. They are currently working on June-July petitions. 

[Crazy Cat 45,777]

How does she plan to travel to the US?  I doubt she would be allowed to board a flight into our country.  Then, if she gets to the boarder, she has a very high risk of denial, imo.

Edited January 14, 2018 by missileman

[Boiler 48,255]

2 minutes ago, missileman said:

How does she plan to travel to the US?  I doubt she would be allowed to board a flight into our country.  Then, if she gets to the boarder, she has a very high risk of denial, imo.

Using her B visa.

[Crazy Cat 45,777]

1 minute ago, Boiler said:

Using her B visa.

I should have said "Via what mode"?

 

[Boiler 48,255]

She has visited a few time before without issue, I doubt this will be different whatever the mode, only think that occurs to me is of she is bringing a lot of stuff.

[payxibka 10,048]

22 minutes ago, Snowboardinwny said:

 

 

Also, is it possible to go to the Philippines, have the medical appointment, final interview, and come back to the US on the k-1 visa within 3 weeks time?  I ask this because we are planning to go to the Philippines together so I could meet her family and see her home country and culture.  Three weeks is the most time I can get from work.  

Maybe...  Medical and interview can be accomplished in one week...  then you are subject to the issuance and delivery gods to see if they get it all together by then and delivered.  Delays can happen

[Snowboardinwny 0]

8 minutes ago, TNJ17 said:

If she is gonna try to cross the border without a return flight, a job, or any strong ties to her home country while you have a petition pending for her she will most likely be denied entry at POE. If she is awarded entry which is very unlikely, she can only stay until the date the CBP stamps on her I-94. Just have her go back to her home country while waiting processing. It sucks to be apart but it’s just something that needs to be done and you get through it. If you were an August NOA1, you should be getting your NOA2 in a few months. They are currently working on June-July petitions. 

 

I suggested that we both go to the Philippines when here work permit runs out in Canada.  I would come back after 3 weeks and she would come to the US once the k-1 visa is granted, but she doesn't like that option... :/  

 

8 minutes ago, missileman said:

How does she plan to travel to the US?  I doubt she would be allowed to board a flight into our country.  Then, if she gets to the boarder, she has a very high risk of denial, imo.

 

Most likely I will be picking her up from the Toronto airport and we would be entering the US together.  First time in October she flew into the US, seemed to be a lot easier for her getting threw customs with me driving her over.  

[Crazy Cat 45,777]

1 minute ago, Snowboardinwny said:

 

I suggested that we both go to the Philippines when here work permit runs out in Canada.  I would come back after 3 weeks and she would come to the US once the k-1 visa is granted, but she doesn't like that option... :/  

 

 

Most likely I will be picking her up from the Toronto airport and we would be entering the US together.  First time in October she flew into the US, seemed to be a lot easier for her getting threw customs with me driving her over.  

1.  What would she like to do instead?

2.  What were her difficulties with customs before?

 

[Snowboardinwny 0]

7 minutes ago, payxibka said:

Maybe...  Medical and interview can be accomplished in one week...  then you are subject to the issuance and delivery gods to see if they get it all together by then and delivered.  Delays can happen

 

That's good to hear, probably best to not book her a return flight until she does have the k-1 visa in hand.  

 

1 minute ago, missileman said:

1.  What would she like to do instead?

2.  What were her difficulties with customs before?

 

 

She is pretty adamant about staying with me until it's time to go to the Philippines.  She told me it wasn't an option.  She has an ex in the philippines that she was still with when she first moved to Canada.  They had broken up months before we even met.  When I came int the picture he wouldn't leave her alone, basically begging to get her back.  He has been out of the picture for over a year now, but that may have something to do with it.  Not really sure tho.  

 

The first time she came over in October She was asked more questions about where she was going, how long she was staying.  She was asked about work.  She had her lease agreement with her to.  I don't recall if they asked for that.  The second and third time she came over was with me by car.  They asked who she was staying with, reason for visit.  The normal questions I guess.  The last time she came over was like a walk in the park compared to the second time.  

 

I just worry that because she won't have anymore ties in Canada that they won't let her in.  Even if we are honest about going to the philippines when it is time for the interview or her going back to the Philippines if for some reason it took longer than 6 months.  Also every time she has crossed the boarder she called me her Boyfriend, not Fiancee.  Not sure if saying Boyfriend helped in the past.  

[Snowboardinwny 0]

51 minutes ago, Boiler said:

She has visited a few time before without issue, I doubt this will be different whatever the mode, only think that occurs to me is of she is bringing a lot of stuff.

 

We are planing to ship all of her stuff via Greyhound to Niagara Falls Ontario where I would go pick it up on my own.  That way it won't look like she is moving in illegally.  

[NikLR 13,235]

2 minutes ago, Snowboardinwny said:

 

We are planing to ship all of her stuff via Greyhound to Niagara Falls Ontario where I would go pick it up on my own.  That way it won't look like she is moving in 

Kinda like she IS doing?  She likely will be denied entry showing up with her USC boyfriend, no job, no lease, not even a valid Canadian visa anymore. 

[jle2234 68]

In my opinion, there are two steps you can and should take to legitimize this:

 

1. Leave her belongings in Canada for now. Rent a storage locker near the border or whatever it takes -- you simply can't move her belongings in to the U.S. until she has an immigrant visa.

 

2. Book her flight to the Philippines prior to entering the U.S. If your K-1 visa is delayed, that might mean that your fiancée has to spend some extra time in the Philippines. Or it might mean paying to change her flight. Either way, if your fiancée is entering the U.S. on a tourist visa, she needs to do so with the intention of leaving -- and she needs to be able to prove that. A flight out of the country that has been booked and paid for is a good start.

 

Regardless of other factors, your fiancée should not overstay her tourist visa under any circumstance, as it can hurt her chances of being approved for immigration.

[TNJ17 1,329]

She will very likely be denied. Immigration has a way of finding out even the smallest details. She’s being very naive and, forgive me but stupid in thinking that she can pull this off no problem. It’s not like she’s gonna be in her home country forever. It’s just a few months. She needs to suck up and do it. Why risk the rest of your lives for just a few months of bliss? We all have to go through time apart. It won’t kill ya. 

[TNJ17 1,329]

18 minutes ago, jle2234 said:

In my opinion, there are two steps you can and should take to legitimize this:

 

1. Leave her belongings in Canada for now. Rent a storage locker near the border or whatever it takes -- you simply can't move her belongings in to the U.S. until she has an immigrant visa.

 

2. Book her flight to the Philippines prior to entering the U.S. If your K-1 visa is delayed, that might mean that your fiancée has to spend some extra time in the Philippines. Or it might mean paying to change her flight. Either way, if your fiancée is entering the U.S. on a tourist visa, she needs to do so with the intention of leaving -- and she needs to be able to prove that. A flight out of the country that has been booked and paid for is a good start.

 

Regardless of other factors, your fiancée should not overstay her tourist visa under any circumstance, as it can hurt her chances of being approved for immigration.

Exactly and just to add, I don’t think just a booked flight home is going to be enough for them to see she has ties to her home country. She will still be denied because what’s a ticket back home, if you lose it you’re not losing much. She needs to have a job, a house in her name, bank accounts with lots of activities, family, etc. Without at least that, she will be denied.