Yes, you can visit!

[wbeem 567]

18 hours ago, Kacey8361 said:

 

Family reunion is taking place in USA beginning of Sept. Would love to be able to attend. NOA2 has been received. No interview date as of yet. Assuming that my interview will be late Sept, would it be acceptable to go to the USA for a visit and then to my interview? (Eg. Enter USA Sept 1st and then interview in MTL at the end of Sept and return to USA once approved). 

 

Having a tough time explaining my scenario. My home in Canada is further away from the embassy than my intended destination in the USA. Would it be frowned upon to visit the USA until my scheduled interview? 

 

 

I did this after we got NOA2. I had booked the trip to visit my fiance (now husband) and the approval came in the night before I flew out. Having got this far in the application process may well have been my saving grace at the Immigration desk when I came through. If I could have done it differently, I would have scheduled my medical for as soon as I got back, or possibly even the interview and brought documentation of this to show that I intended to return for the interview. 

Bring LOTS of proof of ties to home. This was the one and only time I was thoroughly grilled at passport control. Fortunately I brought a ton of proof.  

When you do ultimately have your interview, do you plan to come over quite soon after or do you have any reason to delay leaving Canada once approved?  If you're not trying to stretch out the full six months from the medical, if I were you, I'd schedule the medical as soon as possible and then try get the interview day set for after your return. The more you've invested in the legal process, the less likely you appear to be trying to skip the system and stay here. 

Edited August 1, 2019 by wbeem
Added extra info

[Kacey8361 87]

31 minutes ago, wbeem said:

I did this after we got NOA2. I had booked the trip to visit my fiance (now husband) and the approval came in the night before I flew out. Having got this far in the application process may well have been my saving grace at the Immigration desk when I came through. If I could have done it differently, I would have scheduled my medical for as soon as I got back, or possibly even the interview and brought documentation of this to show that I intended to return for the interview. 

Bring LOTS of proof of ties to home. This was the one and only time I was thoroughly grilled at passport control. Fortunately I brought a ton of proof.  

When you do ultimately have your interview, do you plan to come over quite soon after or do you have any reason to delay leaving Canada once approved?  If you're not trying to stretch out the full six months from the medical, if I were you, I'd schedule the medical as soon as possible and then try get the interview day set for after your return. The more you've invested in the legal process, the less likely you appear to be trying to skip the system and stay here. 

Thank you so much for the response. My plan is to attend my medical & interview right from the USA and then return to the USA as soon as I receive approval. Will most likely stay in Montreal for that as I live all the way in Alberta and plan to reside in Boston once approved. Boston is ALOT closer to Montreal than Alberta. 

 

I will def bring lots of evidence showing that I still have ties in Canada. 

 

Thanks again for the help 

[jeanieCZ 228]

I'm pleased to report that my existing experience confirms the topic's title  

 

We filed the K-1 in February (I'm the beneficiary) and I have been to the US twice since then. I never had any issues when entering the US, on my ESTA. The first time I was visiting after having filed, the CBP officer asked me what the purpose of my visit was, so I said I was visiting my fiancee. He thought it was sweet and asked me a couple of questions about my fiancee, in a very friendly and relaxed manner. The second time I arrived to the US, the officer only asked me how long was I gonna stay and stamped my passport before I could asnwer and waved me off. 

 

We received the NVC case number last week and I just scheduled my medical exam for over 2 weeks from now. I have a return ticket to visit my fiancee in 3 weeks from now and based on my previous experience, I don't expect any trouble. I still haven't resigned from my job and I will have a return ticket (only staying 7 days), plus all the documentation about my K-1 process, so I don't think there should be any problems. 

After this last "visit" trip, I hope to be only booking me a one-way ticket  

[Kacey8361 87]

1 hour ago, jeaniecz said:

I'm pleased to report that my existing experience confirms the topic's title  

 

We filed the K-1 in February (I'm the beneficiary) and I have been to the US twice since then. I never had any issues when entering the US, on my ESTA. The first time I was visiting after having filed, the CBP officer asked me what the purpose of my visit was, so I said I was visiting my fiancee. He thought it was sweet and asked me a couple of questions about my fiancee, in a very friendly and relaxed manner. The second time I arrived to the US, the officer only asked me how long was I gonna stay and stamped my passport before I could asnwer and waved me off. 

 

We received the NVC case number last week and I just scheduled my medical exam for over 2 weeks from now. I have a return ticket to visit my fiancee in 3 weeks from now and based on my previous experience, I don't expect any trouble. I still haven't resigned from my job and I will have a return ticket (only staying 7 days), plus all the documentation about my K-1 process, so I don't think there should be any problems. 

After this last "visit" trip, I hope to be only booking me a one-way ticket  

That’s amazing news! Good for you. I look forward to hearing about you finally getting to book your one way ticket. Still waiting on a case number. Hoping the interview date it not too far off that. But I have heard that Montreal is way backed up. That’s unconfirmed though. Thanks for sharing! 

 

 Cheers. 

[ohcoffeeeyes 120]

On 7/30/2012 at 9:10 PM, Gail83 said:

You need to be in possession of a valid ESTA, this can be done at any point prior to travel, most are authorised in minutes but some can take a few days. Once you have one it's valid for 2 years unless any of your answers change. Hope this helps

Would that also mean I'd need to get a new one if I've changed employment?

[ohcoffeeeyes 120]

On 7/23/2019 at 3:24 PM, Limey said:

 

 

I assume you're a UK citizen and using ESTA to enter the USA? Proof of a return flight is a requirement, so its not necessarily amazing evidence that you plan to return home. Often (bizarrely) return flights are cheaper than one-way flights (I like many actually therefore bought a return flight when I did eventually move to the USA for good).

I'd be surprised if you have any problems assuming you haven't spent too much time in the USA prior to the trip, and the trip isn't for a very long duration (I assume it isn't if you're going to be 5-6 weeks after NOA2). I'd be most worried about fitting your medical and interview around it!

If you think about it from the USCIS border officer's point of view, its very unlikely you're going to overstay or get married during the trip when you're this far into doing the k1. If you have interview/medical arranged by the time of your trip bring evidence of that along too. It would make absolutely no sense to get this far, have those all arranged, and then decide to stay in the USA without completing the k1 process. The normal advice is don't mention anything about a fiancee and k1 unless asked about who you are visiting and why - if you haven't made frequent long trips then its more than likely they won't even ask. But if they do, the evidence of how far you are through the k1 should be enough to convince them you'll return home as planned.

I made several trips after NOA1, and NOA2 came during my last trip prior to moving permanently. They never asked on any of those trips who I was visiting, but had they done so eg during the last trip, I'd have explained that I'm well through the k1 process, and sorting out final plans for wedding venue, etc. The only issue I ever had entering the USA was before we started k1 process (my wife was still waiting for her divorce) and the USCIS officer said to me I needed to look at something more permanent, alluding to the k1. The fact that I mentioned k1 by name, and said that we were waiting for her divorce to be finalized before applying seemed to be enough to convince him that we'd researched it and were going to take the proper path to marrying in the USA.

Just a quick question! You said "The normal advice is don't mention anything about a fiancee and k1 unless asked about who you are visiting and why", so if they say "Why are you visiting the United States" I'd just say "I'm on vacation" or should I be upfront. I'm visiting for 65 days btw.

[wbeem 567]

1 hour ago, ohcoffeeeyes said:

Just a quick question! You said "The normal advice is don't mention anything about a fiancee and k1 unless asked about who you are visiting and why", so if they say "Why are you visiting the United States" I'd just say "I'm on vacation" or should I be upfront. I'm visiting for 65 days btw.

The advice, and rightly so, is also always be truthful. I was almost always asked what the purpose of my visit was. I simply said I was coming to visit my fiancé. That way it never looked like I was trying to be smart with words or hide it. 

[jeanieCZ 228]

6 hours ago, ohcoffeeeyes said:

Just a quick question! You said "The normal advice is don't mention anything about a fiancee and k1 unless asked about who you are visiting and why", so if they say "Why are you visiting the United States" I'd just say "I'm on vacation" or should I be upfront. I'm visiting for 65 days btw.

Give an honest answer. They always ask why are you coming to the US. 

[Limey 550]

15 hours ago, ohcoffeeeyes said:

Just a quick question! You said "The normal advice is don't mention anything about a fiancee and k1 unless asked about who you are visiting and why", so if they say "Why are you visiting the United States" I'd just say "I'm on vacation" or should I be upfront. I'm visiting for 65 days btw.

When they asked me...

 

purpose of visit?: "vacation"

Where are you staying?: "Wilmington NC"

What will you do while you are here?: "Some time on beach, visting XYZ attractions etc"

None of this is dishonest, these are perfectly valid answers to those questions.

 

Obviously they can see your previous trips - you might not get asked the first time, but if you make repeat trips, they are going to ask more questions about who you are seeing, etc.

If they asked who I'm staying with or whether I'm meeting anyone I know, I told told them it was my girlfriend/fiancee. Never lie to them - don't be tempted to just say "friend" because they'll rightly consider that evasive at best, and in worst case dishonest.

 

65 days is a long time, so expect some questions about how you are paying for it while here, how you're able to get so much time off work, ties to home etc. Probably good to have some trips planned while in the USA, as one USCIS border person told me "there is no such visa as a visiting-my-girlfriend visa" - his view was that its a tourist visa, so you are expected to do some tourist stuff during the trip.

 

Ultimately its better to be denied entry for being honest which won't affect future k1 plans than be denied entry for lying, which will. From my experience (and most here) the border agents are normally pretty fair.

 

Edited August 2, 2019 by Limey

[wbeem 567]

6 hours ago, Limey said:

Ultimately its better to be denied entry for being honest which won't affect future k1 plans than be denied entry for lying, which will. From my experience (and most here) the border agents are normally pretty fair.

 

100% agree on every word here! 

[Ameriaussie 49]

A couple of months ago (probably end of June, but feels like a year, you can all relate), I shared that my Aussie fiance was denied his request for an over 3 month stay in the U.S. (before we filed the i129f). And no, we didn't plan on getting marry to adjust his status while here. We were both so heart broken and it costed us a would-be additional 7 months being apart on top of more international trips to see each other. I would like to share the great news that my fiance has been granted a B2 visa. This was 2 months after I had filed for his K-1 visa. Unsure if the consulate was aware of the K-1. When my fiance tried to self-disclose, they didn't even listen or care about the NOA1 so he just moved right along. The consulate officer told my fiance that he made copious note to ensure he doesnt get denied at the port of entry (due to prior visa rejection and subsequently failed ESTA request). We are ecstatic and grateful.

 

Just wanted to share this with anyone who might be in the same boat as we had been. Good luck to you all.

[Ameriaussie 49]

On 7/23/2019 at 10:24 AM, Limey said:

 

 

I assume you're a UK citizen and using ESTA to enter the USA? Proof of a return flight is a requirement, so its not necessarily amazing evidence that you plan to return home. Often (bizarrely) return flights are cheaper than one-way flights (I like many actually therefore bought a return flight when I did eventually move to the USA for good).

I'd be surprised if you have any problems assuming you haven't spent too much time in the USA prior to the trip, and the trip isn't for a very long duration (I assume it isn't if you're going to be 5-6 weeks after NOA2). I'd be most worried about fitting your medical and interview around it!

If you think about it from the USCIS border officer's point of view, its very unlikely you're going to overstay or get married during the trip when you're this far into doing the k1. If you have interview/medical arranged by the time of your trip bring evidence of that along too. It would make absolutely no sense to get this far, have those all arranged, and then decide to stay in the USA without completing the k1 process. The normal advice is don't mention anything about a fiancee and k1 unless asked about who you are visiting and why - if you haven't made frequent long trips then its more than likely they won't even ask. But if they do, the evidence of how far you are through the k1 should be enough to convince them you'll return home as planned.

I made several trips after NOA1, and NOA2 came during my last trip prior to moving permanently. They never asked on any of those trips who I was visiting, but had they done so eg during the last trip, I'd have explained that I'm well through the k1 process, and sorting out final plans for wedding venue, etc. The only issue I ever had entering the USA was before we started k1 process (my wife was still waiting for her divorce) and the USCIS officer said to me I needed to look at something more permanent, alluding to the k1. The fact that I mentioned k1 by name, and said that we were waiting for her divorce to be finalized before applying seemed to be enough to convince him that we'd researched it and were going to take the proper path to marrying in the USA.

So totally agree with this rationale. I explained the same to my Oz. There's just no need to panic.

[AdelineF 6]

Hi everybody !

 

I would be really grateful for some advice regarding a visit of 2 months with an interview date scheduled. 

 

Here is my situation : 

 

My case has been transferred from the NVC to the embassy in Paris since July 9th, and since I haven’t received an email or letter for them, I decided to schedule my interview online anyways (I have a case number and I was advised to do so by different people).

 

I was planning on leaving for good in October, but it won’t happen since the first available date for an interview was December 18th, which is now my interview date as I scheduled this morning it to make sure I don’t end up with an even later appointment...

 

Of course I’m beyond sad and disappointed, and that’s why my question is :

 

I have done all my medical exams last week (they are valid for 6 months in France), I have my 5x5 pictures,  filled my DS-160 and scheduled my interview for December 18th.

 

Can I still go visit my fiancé for 60 or 65 days from beginning of October to beginning of December, or is it too late for the stage I’m at ? I would come back in France on December 10th, a week before my interview, and then leave for good in January as soon as I receive my passport and visa. 

 

I have never stayed longer than 30 days in the States, and I would be traveling on a valid ESTA. 

 

Thank you in advance for you opinion and advice !

[BBGG 57]

Sharing again my experience of entering the US, traveling for leisure only (last time it was for work).

 

Details about my case:

I have Russian passport, but I'm a resident in the UK (work visa).

Our I-129F peitition was approved on July 19, 2019.

I entered the US on Aug 3, 2019 - after the petition was approved but before K1 visa interview.

Port of entry - PDX (Portland, Oregon).

Traveling on VISA (B1/B2).

 

I prepared a big pile of documents to prove I won't stay in the US. This included my UK job contract, UK tenancy agreement, booked flights from London for August and September. I also included copy of I-129F petition and printed out NOA2.

 

I went through passport control in 5 minutes with no problem at all, officer was a bit cold, asked the below standard questions but did not check any of my "proofs of ties to the UK".

 

Officer: Purpose of visit? 
Me: Leisure
Officer: Do explain
Me: I’m visiting my boyfriend
Officer: For how long?
Me: 9 days
Officer: How did you meet this person?
Me: He works for the same company
Officer: What job do you do?
Me: I’m an engineer
Officer: What kind?
Me: Audio systems engineer 
Officer: Do you work from Russia?
Me: No, from the UK
Officer: Any work during this stay?
Me: No

 

Officer stamped my passport and told me to go.

[Rohit07 48]

Hi guys,

 

We are a CR1 couple waiting for our interview to get scheduled at a local embassy. In the meantime, I am thinking about visiting my spouse for 2 months (already have a B1/B2). Work isn't an issue because my office is ok with me working remotely for this period. Do you foresee any issue for me visiting for this long? Have others visited for 2 months or so before and did you face any issue with that?

 

I will obviously carry my employment letter, lease agreement, return ticket, bank records etc. 

 

Thanks in advance:)