Visiting while waiting for K1 & how long?

[Le&Dy 3]

Just now, geowrian said:

What you did is in a gray area. Those CBP officers seem to believe your circumstances was crossing the line into unauthorized work while inside the US.

Visit your partner and see the country?

Well they let me into the country for a month, so obviously a grey area. 

 

And I meant what other visa should we have applied for? Options are pretty limited.

[geowrian 22,335]

1 minute ago, Le&Dy said:

Well they let me into the country for a month, so obviously a grey area. 

 

And I meant what other visa should we have applied for? Options are pretty limited.

Options are limited for work visas. E-3?

[Icamarn 91]

6 hours ago, Le&Dy said:

Hi All. My Fiancé applied for a K1 Visa for me in March and I'm hoping to get some insight from others in the same position - I know it's early days for us compared to some of you and I realize the current processing times are showing 5 - 7 months, but I also see case inquiries are back in November so I'm just wondering how long everyone's been waiting? I am a freelance designer so am able to work pretty much anywhere with my Australian clients, so I had been going back and forth between Australia and the US staying for 2weeks - 3months at a time (on a B1 tourist visa I attained a few years ago when I backpacked the US) But on my last visit to the US in January I was taken in for questioning and told it didn't look good that I was spending so much time there and I was only able to stay for 1 month and told that we needed to find an alternative arrangement if we wanted to continue our relationship, and so we got engaged (love also had something to do with it haha). So now I'm back in Australia waiting and continuously checking our visa status (a useless and heartbreaking process). Going 7+ months apart is looking extremely excruciating so I'd love to be able to go over midway for a few weeks to spend some time together but I'm scared they won't let me in with my history. Any ideas? How long is the process taking for others? Thanks and good luck everyone!

I’m in the same situation. I spent around 80 days last summer with my now fiancé. I came back to Spain for a months and then I tried to come back  and they denied my entrance in November at LAX.

He visited me in January and we finally applied for the k1 visa in March. 

We spent two weeks in México in April and since he is stationed in San Diego, CA. He wanted me to go with him to the border and asked them if I could visit him in the states for a couple of days/ weeks. They detained me for 25 hours and they finally let me go just for 2 days. I wont recommend you to try to do the same thing. They treat you like a criminal, when you are just trying to be with your loved one... 

He is coming to visit in July. Like everyone said is part of the proccess and something that we all have to deal with... Maybe he can go to Australia or yall can make a trip together. 

We just need to be patient.. 😜

[Teemo 252]

50 minutes ago, Le&Dy said:

Well that's what they accused me of and tried to pressure me into "confessing". But I really don't think I did anything wrong. Any work I did while in the US was online for my Australian clients, paying in Australian dollars into an Australian bank account which I pay Australian taxes on. They sure made me feel like a criminal none the less though.

Any work on US soil is considered working in the US, even in the circumstance you've outlined here. (that's a bit of a simplistic statement since there are caveats/nuances but in general true). I'd be very careful about this. 

[Le&Dy 3]

1 minute ago, Icamarn said:

I’m in the same situation. I spent around 80 days last summer with my now fiancé. I came back to Spain for a months and then I tried to come back  and they denied my entrance in November at LAX.

He visited me in January and we finally applied for the k1 visa in March. 

We spent two weeks in México in April and since he is stationed in San Diego, CA. He wanted me to go with him to the border and asked them if I could visit him in the states for a couple of days/ weeks. They detained me for 25 hours and they finally let me go just for 2 days. I wont recommend you to try to do the same thing. They treat you like a criminal, when you are just trying to be with your loved one... 

He is coming to visit in July. Like everyone said is part of the proccess and something that we all have to deal with... Maybe he can go to Australia or yall can make a trip together. 

We just need to be patient.. 😜

25hours! My gosh, I thought 4 was bad. Really sorry you had to go through that. It really isn't fair how they treat us, but we don't get a choice hey. All the best!

[Teemo 252]

4 minutes ago, Icamarn said:

I’m in the same situation. I spent around 80 days last summer with my now fiancé. I came back to Spain for a months and then I tried to come back  and they denied my entrance in November at LAX.

He visited me in January and we finally applied for the k1 visa in March. 

We spent two weeks in México in April and since he is stationed in San Diego, CA. He wanted me to go with him to the border and asked them if I could visit him in the states for a couple of days/ weeks. They detained me for 25 hours and they finally let me go just for 2 days. I wont recommend you to try to do the same thing. They treat you like a criminal, when you are just trying to be with your loved one... 

He is coming to visit in July. Like everyone said is part of the proccess and something that we all have to deal with... Maybe he can go to Australia or yall can make a trip together. 

We just need to be patient.. 😜

Good rule of thumb is to spend 1-2x the amount of time outside the US than inside to prevent any accusation of using a visitor visa to live in the US. So if you were there for 80 days, you should have not attempted re-entry for 80-160 days afterwards.  Really rough result though, 25 hour detention seems unnecessarily painful. 

[Le&Dy 3]

1 minute ago, Teemo said:

Any work on US soil is considered working in the US, even in the circumstance you've outlined here. (that's a bit of a simplistic statement since there are caveats/nuances but in general true). I'd be very careful about this. 

Thanks Teemo. I can see that it's just not worth it, even if it seems like a bit of a grey area.

[fip & jim 452]

48 minutes ago, Le&Dy said:

Thanks for the tip fip & Jim. I think that might be our best bet if he can get some time off.

It's important to pace yourself. It's a psychologically draining process. Don't continuously check your status, it only adds to the stress. Try to stay focused on what you can do, not what you can't. I choose to see the positive in the situation - we get to know each other in ways most people don't. We really talk, we really make time for each other & value that time. I don't mean time physically spent together, I mean finding time every day, in spite of the time zone difference, dedicated to communicating. A lot of couples take that for granted and don't make an effort. If you can get through this then you have a good foundation, in my opinion. 

[x_driven_x 1,778]

3 hours ago, Le&Dy said:

Well that's what they accused me of and tried to pressure me into "confessing". But I really don't think I did anything wrong. Any work I did while in the US was online for my Australian clients, paying in Australian dollars into an Australian bank account which I pay Australian taxes on. They sure made me feel like a criminal none the less though.

Even if it is for Austrailian clients, paying Austrailian money - that is still considered working in the US, seriously.

 

You're not allowed to "do work" while visiting here.   I know you don't think it's wrong (and I personally don't either), but based on the laws... it is.

[javadown2 308]

7 hours ago, Le&Dy said:

25hours! My gosh, I thought 4 was bad. Really sorry you had to go through that. It really isn't fair how they treat us, but we don't get a choice hey. All the best!

Well...it's kinda their job description to scrutinize! Yes maybe you would always stay just for your allotted times..but you're also bringing up red flags that they are specifically looking for in your situation (k-1 visa pending, not very good ties to home, work online, coming to US frequently...etc..etc) don't be so surprised when they are just doing their job. You need to wait out your time while your visa is being processed like everyone else. In the grand scheme of things it isn't that long. 

[Adrii 208]

14 hours ago, Le&Dy said:

Hi All. My Fiancé applied for a K1 Visa for me in March and I'm hoping to get some insight from others in the same position - I know it's early days for us compared to some of you and I realize the current processing times are showing 5 - 7 months, but I also see case inquiries are back in November so I'm just wondering how long everyone's been waiting? I am a freelance designer so am able to work pretty much anywhere with my Australian clients, so I had been going back and forth between Australia and the US staying for 2weeks - 3months at a time (on a B1 tourist visa I attained a few years ago when I backpacked the US) But on my last visit to the US in January I was taken in for questioning and told it didn't look good that I was spending so much time there and I was only able to stay for 1 month and told that we needed to find an alternative arrangement if we wanted to continue our relationship, and so we got engaged (love also had something to do with it haha). So now I'm back in Australia waiting and continuously checking our visa status (a useless and heartbreaking process). Going 7+ months apart is looking extremely excruciating so I'd love to be able to go over midway for a few weeks to spend some time together but I'm scared they won't let me in with my history. Any ideas? How long is the process taking for others? Thanks and good luck everyone!

Hi girl!

Im also an Aussie who filed for a K1 in February.

I also hold a B visa rather than an ESTA as i too years ago travelled the USA for more than 90 days.

While I was also self employed I was held for questioning upon entering the Usa but was eventually allowed in and I feel for you it’s not a pleasant ordeal! 

Since then I’ve never had an issue as I now have an employer (regular pay slips) and always have my return ticket ready to provide the officer at POE (because they always ask me lol)

I haven’t visited since we filed for our K1 but I have a trip planned next month and it’s been suggested by others in the forum that I take proof of ties to my home country (Work roster, lease etc)

 

I understand it’s hard when you’re self employed and also live with family as there’s less “proof” you can provide to show your home ties. Do you have car Rego or perhaps proof that you’re meeting clients that you could provide for dates upon your return? Maybe even ensure you have plenty of funds in your bank account and take a statement with you to show you have X amount of dollars to support yourself.

A shorter trip would probably be easier too that way you can take time off clients so you’re not working remotely while in the USA because like others mentioned it is really a grey area and technically working on US soil is illegal without working rights.

 

The process is definitely a long one but will be well worth it in the end! I just keep myself busy and distracted with work and just keep saving for the move!

I’m here if you have any questions or just need someone to chat to! 

[forfars 6]

Is it not an option to arrange a 2 week visit for example but extend your flight once in the US? I’m doing that but I’m on an ESTA so not sure if it’s different, I was originally going to leave on June 16 but Im extending til mid july. I think it depends what you get stamped in your pssport at the POE. 

Edited June 7, 2018 by forfars

[Le&Dy 3]

7 hours ago, x_driven_x said:

Even if it is for Austrailian clients, paying Austrailian money - that is still considered working in the US, seriously.

 

You're not allowed to "do work" while visiting here.   I know you don't think it's wrong (and I personally don't either), but based on the laws... it is.

 

Yeah I see that now. I guess I was lucky they let me in at all. Lesson learnt.

[Jojo92122 1,924]

10 hours ago, Le&Dy said:

25hours! My gosh, I thought 4 was bad. Really sorry you had to go through that. It really isn't fair how they treat us, but we don't get a choice hey. All the best!

There are many people who can not visit their spouses in the US.  They don't have access to the VWP.  They can not get visitor visas. 

 

My nephew's wife has been waiting for almost 2 years for a spousal visa.  She has been denied twice for visitor visas.

 

People who come from VWP countries have a special privilege that others do not have.  They can visit their love ones in the US while waiting for immigration visas. 

 

After VWP have abused their privileges and have been warned not to come back, how are people who ignore the warnings treated unfairly when attempting to enter the US?  Should they not expect to be detained, questioned, and possible be refused entry?  Some would say it's more than fair if they are allowed in after previous warnings.

 

You don't get a choice?  People who don't get to even visit the US don't have choices.  People who are warned not to continue to abuse the VWP have the choice to keep doing so or not.

Edited June 7, 2018 by Jojo92122

[Le&Dy 3]

19 minutes ago, Jojo92122 said:

There are many people who can not visit their spouses in the US.  They don't have access to the VWP.  They can not get visitor visas. 

 

My nephew's wife has been waiting for almost 2 years for a spousal visa.  She has been denied twice for visitor visas.

 

People who come from VWP countries have a special privilege that others do not have.  They can visit their love ones in the US while waiting for immigration visas. 

 

After VWP have abused their privileges and have been warned not to come back, how are people who ignore the warnings treated unfairly when attempting to enter the US?  Should they not expect to be detained, questioned, and possible be refused entry?  Some would say it's more than fair if they are allowed in after previous warnings.

 

You don't get a choice?  People who don't get to even visit the US don't have choices.  People who are warned not to continue to abuse the VWP have the choice to keep doing so or not.

 

Jojo I'm really sorry for the situation your nephew and his wife are in. I can't imagine not even having the possibility of seeing each other while waiting for the visa. Can your nephew possibly visit her instead? 

 

I agree. If you are warned not to re-enter and you keep abusing the system then you should be detained and questioned. I just find it sad that due to the minority of people that are doing the wrong thing, the ones that are trying to follow the rules and just spend time with their loved ones are treated poorly also. I don't believe I was abusing my privilege. I was not warned not to come back.  I am trying to do the right thing which is why I started this thread.