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

[TNJ17 1,329]

2 hours 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.

It will be different because she will no longer have ties to Canada. And they know she has a boyfriend in the states. It will look like exactly what she is doing, immigrating. 

 

Another thing they they need to consider too is how is she gonna gather all the paperwork she needs to file this when she’s in the states? It takes a long time. 

[jle2234 68]

I spent 10 consecutive weeks with my spouse in the U.S. during the immigration process. It is possible that your fiancée will be permitted entry to the U.S. for a fairly extended period of time. But there is a big difference between an extended visit and illegal immigration. When I came to visit, I did not bring household belongings with me and did not have any intention of overstaying if my immigrant visa was delayed. I had every intention of returning home when I said I would. This was easily proved because it was true... I had plans to attend a wedding, had a dentist appointment, had all kinds of accounts at home that would need to be closed before moving, etc. etc. etc.

 

Regardless of whether or not your fiancée will be allowed entry in to the U.S. this time, the fact is that it's not worth the risk when you're applying for an immigrant visa. If she's caught -- now or later -- it could result in her being denied immigration; and having no option but to return to her home country indefinitely, with her bothersome ex who she would rather avoid. Plan a visit if you would like, but do it the right way for the sake of your future.

[payxibka 10,048]

7 minutes ago, jle2234 said:

I spent 10 consecutive weeks with my spouse in the U.S. during the immigration process. It is possible that your fiancée will be permitted entry to the U.S. for a fairly extended period of time. But there is a big difference between an extended visit and illegal immigration. When I came to visit, I did not bring household belongings with me and did not have any intention of overstaying if my immigrant visa was delayed. I had every intention of returning home when I said I would. This was easily proved because it was true... I had plans to attend a wedding, had a dentist appointment, had all kinds of accounts at home that would need to be closed before moving, etc. etc. etc.

 

Regardless of whether or not your fiancée will be allowed entry in to the U.S. this time, the fact is that it's not worth the risk when you're applying for an immigrant visa. If she's caught -- now or later -- it could result in her being denied immigration; and having no option but to return to her home country indefinitely, with her bothersome ex who she would rather avoid. Plan a visit if you would like, but do it the right way for the sake of your future.

Denied immigration on what basis?

[Boiler 48,255]

1 hour ago, TNJ17 said:

It will be different because she will no longer have ties to Canada. And they know she has a boyfriend in the states. It will look like exactly what she is doing, immigrating. 

 

Another thing they they need to consider too is how is she gonna gather all the paperwork she needs to file this when she’s in the states? It takes a long time. 

Only be different if she ends up in Secondary, vast majority of entries are a couple of questions and on your way.

[caliliving 606]

4 hours ago, missileman said:

I should have said "Via what mode"?

 

canadians used to get waived through.. these days they are scrutinized more but its 50/50 chance. 

[jle2234 68]

2 minutes ago, payxibka said:

Denied immigration on what basis?

Overstaying a visa and/or entering the country fraudulently can affect the outcome of the immigration case... either leading to denial or simply prolonging the process (ex. if a waiver needs to be obtained).

 

Even if it seems fairly innocent, the OP's plan is for his fiancée to cross in to the country on a tourist visa without a set plan to leave; and for him to independently bring her belongings over the border, presumably because he and his partner recognize that this would not permitted by CBP. I believe both DS-260 and DS-160 ask: "Have you ever sought to obtain or assist others to obtain a visa, entry into the United States, or any other United States immigration benefit by fraud or willful misrepresentation or other unlawful means?" To me, sneaking one's belongings in to the country shows willful misrepresentation... so the fiancée would either have to admit to this or willfully lie on her immigrant application.

 

There is nothing wrong with his fiancée coming to visit -- all I'm saying is that it has to actually be for a visit; or they could be jeopardizing her ability to immigrate.

[caliliving 606]

fyi canadians dont need a visa.. 

 

if you show up with a Uhaul of she is in trouble.. IMO.  she wont get denied unless she caused an issues  or raises suspcion...

 

basically is she going for a week? pack for a week. leave her phone and computer at home as they will search those! her her memorize your number so she can borrow a phone and call you when she lands:) 

 

and absolutely have a flight home!!!! also they may/will call you so know how long she is visiting and when she is leaving! 

[TNJ17 1,329]

10 minutes ago, caliliving said:

you need to get married and just do the AOS apply for a greencard.. dont have her leave until her greencard is in her hand!

 

 

That’s immigration fraud. She would enter the country with intent to stay. 

2 minutes ago, caliliving said:

fyi canadians dont need a visa.. 

 

if you show up with a Uhaul of she is in trouble.. IMO.  she wont get denied unless she caused an issues  or raises suspcion...

 

basically is she going for a week? pack for a week. leave her phone and computer at home as they will search those! her her memorize your number so she can borrow a phone and call you when she lands:) 

 

and absolutely have a flight home!!!! also they may/will call you so know how long she is visiting and when she is leaving! 

She’s not a Canadian. She’s there on a visa which will expire. 

[payxibka 10,048]

4 minutes ago, jle2234 said:

Overstaying a visa and/or entering the country fraudulently can affect the outcome of the immigration case... either leading to denial or simply prolonging the process (ex. if a waiver needs to be obtained).

 

Even if it seems fairly innocent, the OP's plan is for his fiancée to cross in to the country on a tourist visa without a set plan to leave; and for him to independently bring her belongings over the border, presumably because he and his partner recognize that this would not permitted by CBP. I believe both DS-260 and DS-160 ask: "Have you ever sought to obtain or assist others to obtain a visa, entry into the United States, or any other United States immigration benefit by fraud or willful misrepresentation or other unlawful means?" To me, sneaking one's belongings in to the country shows willful misrepresentation... so the fiancée would either have to admit to this or willfully lie on her immigrant application.

 

There is nothing wrong with his fiancée coming to visit -- all I'm saying is that it has to actually be for a visit; or they could be jeopardizing her ability to immigrate.

An overstay of more than 180 days would certainly have an effect.

 

The OP has never mentioned abandoning the K-1 or overstaying...  

[doggieandsam 765]

3 minutes ago, caliliving said:

fyi canadians dont need a visa.. 

 

if you show up with a Uhaul of she is in trouble.. IMO.  she wont get denied unless she caused an issues  or raises suspcion...

 

basically is she going for a week? pack for a week. leave her phone and computer at home as they will search those! her her memorize your number so she can borrow a phone and call you when she lands:) 

 

and absolutely have a flight home!!!! also they may/will call you so know how long she is visiting and when she is leaving! 

she is not canadian. she is a philippine citizen but currently a resident of nova scotia, canada.

[caliliving 606]

2 minutes ago, iamdegie said:

she is not canadian. she is a philippine citizen but currently a resident of nova scotia, canada.

she is a canadian resident so she wont have scrutiny that a normal philipino would have. 

[jle2234 68]

1 minute ago, payxibka said:

The OP has never mentioned abandoning the K-1 or overstaying...  

The OP said that his fiancée intends to stay in the U.S. "until it is time for her to go back to the philippines for the final interview". I recognize that this does not mean she will overstay... I only cautioned OP that, if the visa is delayed, she may have to go home to the Philippines.

[Boiler 48,255]

She will be given a departure date like any other visitor, usually 6 months.

[caliliving 606]

1 minute ago, Boiler said:

She will be given a departure date like any other visitor, usually 6 months.

perhaps but canadians are admitted D/S! 

i think that has changed the past few years

 

like i said. i know MULTIPLE Canadians denied entry. why? they showed up with uhals fulll of !!! even tho they had ZERO intention of overstaying!!! they thought they could 'chill' for 5 months! which they can - but of course a uhaaul of ####### will raise suspicion.

 

my girlfriend 'lived' with a guy for 6 months in 2014 in california and had no problems getting in she left when she needed to - they broke up- and she had had many visits to the USA since.  she also quit her job before and had nothing to go back to! just because she gave up her life did not mean she would overstay! she never even had a return ticket and told the border guy she was going to visit her boyfrfiend. just an FYI not every canadian gets scrutinized like other countries.  multiples visits and no red flags will get you thru!

 

i have crossed the border my ENTIRE life!  at least 3x/week. 

your story needs to match what you have!  

 

im not advocating an overstay.  but if you go for a week - pack for a week. 

 

i would say NEVER every pack your life up.  that is 'intent' right there. (whether you have it or not).

 

 

[caliliving 606]

8 minutes ago, Boiler said:

She will be given a departure date like any other visitor, usually 6 months.

 

i can show you my passport.. i never had a departure date! mostly D/S!