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

[Boiler 48,255]

4 minutes ago, caliliving said:

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).

 

 

The lady is not Canadian

 

Luggage has been addressed.

[doggieandsam 765]

23 minutes ago, caliliving said:

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

yes i agree. i was merely clarifying since your previous post stated "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..."

 

OP's dilemma is that by the time his fiancee crosses over this time as per their plan, the fiancee will no longer have her canadian residency.

[caliliving 606]

5 minutes ago, iamdegie said:

yes i agree. i was merely clarifying since your previous post stated "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..."

 

OP's dilemma is that by the time his fiancee crosses over this time as per their plan, the fiancee will no longer have her canadian residency.

Ohhh.. I didn't know that. I think that is a proLen them haha 

[Boiler 48,255]

5 minutes ago, iamdegie said:

yes i agree. i was merely clarifying since your previous post stated "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..."

 

OP's dilemma is that by the time his fiancee crosses over this time as per their plan, the fiancee will no longer have her canadian residency.

She will not be returning to Canada, she may still have her residency.

[caliliving 606]

2 minutes ago, Boiler said:

She will not be returning to Canada, she may still have her residency.

I mean if her residency ran out the border people aren't stupid 😂😂

No offence 

[Boiler 48,255]

I was assuming she would not wait until the last day of her Canadian Residency, may be wrong.

[TNJ17 1,329]

OP said she’s there on a work visa that runs out in March. That’s pretty close. Whatever date she enters the US now with a K1 pending will raise a red flag. She’s not gonna have a job in Canada to go back to anymore. No return ticket. A pending K1. No strong ties to her home country. That’s a red flag in my book. 

[Ontarkie 15,078]

~~Post advocating fraud removed.~~

[caliliving 606]

15 minutes ago, TNJ17 said:

OP said she’s there on a work visa that runs out in March. That’s pretty close. Whatever date she enters the US now with a K1 pending will raise a red flag. She’s not gonna have a job in Canada to go back to anymore. No return ticket. A pending K1. No strong ties to her home country. That’s a red flag in my book. 

a work visa expiring.  no return ticket and a load of luggage.

 

hmmm. 

[Derik-Lina 230]

16 hours ago, Snowboardinwny said:

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.  

Sketchy, but I am almost certain she will be granted the K1 Visa should she return to the Philippines; The CO will see that she has been to the US and lived in Canada without breaking any Immigration laws. Therefore, you, two, should not chance being denied the K1 Visa, and let the process take its course without taking any risks. IMO, better wait and be patient for few months than risk waiting for years.

Edited January 15, 2018 by Derick

[piranda 111]

20 hours ago, Snowboardinwny said:

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.  

I just want to share my experience since my situation was similar to yours, at a certain point.

I was a resident in dubai, traveling for work ( and as well to see my fiance) to new york average twice/month. My i-94 arrival/departure had 84 entries- the past 2 years( tourist and work visit), i used it during the k1 interview (as one of the proofs) to show our continuous relationship. i never overstayed, i never stayed more then 30 days, most of the times I didn't have the return ticket  when i entered US , I booked it during my stay here. 

in may 2017 i ve got unpaid leave for one month and came to US to spend this month with my fiance, travelled via Milan-jfk, i had no return ticket because i didn't know exactly which date , end of may, I will go back , but had no problem with the IO. i left after 20 days.

in august last year I ve sent 200kg cargo to US and I came myself here  to wait approval for i 129f (at this moment i was no longer a dubai resident, nor employee there and had 3 big suitcases with me), but certainly i was not an illegal immigrant!!!

we got NOA2 middle of August and beginning of September i went to my home country for the interview.

after a bit over a week spent in my country came here with K1visa , you can see this on my timeline. so , regarding to your question about the 3 weeks in the Philippines, if the embassy and medical goes fast enough , 3 weeks is more then enough.

it is not impossible what you and your fiancee wants to do .

 

Edited January 15, 2018 by piranda

[kris&me 572]

Don't fool with immigration

it is not up to her to say she is staying till this is done

it is the US government 

do it all legally 

sorry but the process to be together is not fast anymore and can be heartbreaking

Good luck

you may have been successful crossing before / you may get her denied entry (different border patrol person) as she had no ties to home counrty and this will give her a ban (how long a ban others can tell you) 

also tell her she is going to need those police clearances from all places she lived in over a year as an adult 

get the Canadian one before leaving

 

[kris&me 572]

51 minutes ago, piranda said:

I just want to share my experience since my situation was similar to yours, at a certain point.

I was a resident in dubai, traveling for work ( and as well to see my fiance) to new york average twice/month. My i-94 arrival/departure had 84 entries- the past 2 years( tourist and work visit), i used it during the k1 interview (as one of the proofs) to show our continuous relationship. i never overstayed, i never stayed more then 30 days, most of the times I didn't have the return ticket  when i entered US , I booked it during my stay here. 

in may 2017 i ve got unpaid leave for one month and came to US to spend this month with my fiance, travelled via Milan-jfk, i had no return ticket because i didn't know exactly which date , end of may, I will go back , but had no problem with the IO. i left after 20 days.

in august last year I ve sent 200kg cargo to US and I came myself here  to wait approval for i 129f (at this moment i was no longer a dubai resident, nor employee there and had 3 big suitcases with me), but certainly i was not an illegal immigrant!!!

we got NOA2 middle of August and beginning of September i went to my home country for the interview.

after a bit over a week spent in my country came here with K1visa , you can see this on my timeline. so , regarding to your question about the 3 weeks in the Philippines, if the embassy and medical goes fast enough , 3 weeks is more then enough.

it is not impossible what you and your fiancee wants to do .

 

K1 visas are now taking almost a year so she would overstay a tourist visa / you left after 20 days / she does not intend to go back until interview / what she wants to do is not a good idea /if she tries and gets into the US,   when she leaves they will note her overstay / it will be noted on her leaving 

[mushroomspore 3,047]

1 hour ago, piranda said:

 

it is not impossible what you and your fiancee wants to do .

 

Perhaps It's not impossible but that doesn't mean it's advisable, according to the majority of posters here. I think the fiancee has grossly misunderstood the technicalities of the process. OP, your and your fiancee's  movements in and out of the US are now heavily policed. This fact applies to ALL of us who have filed ANY papers with USCIS. Do not attempt to toe the line with them. They are not stupid and have the power to ban your fiancee from the US if they deem her actions have gone against the technicalities of the K-1 process.

[Boiler 48,255]

VJ has a wonderful thread called Yes you can visit, a perusal may be worthwhile.