Yes, you can visit!

[jess.y 66]

I have a question and here are my circumstances:

Received NOA1 in March and still awaiting NOA2

Traveled to the US from June - Aug 2020 on ESTA

Was asked questions in the interview room about my work and visa status

(They told me it's best I return after getting visa)

 

This whole wait is taking longer than ever, and I have plans to visit my fiance during Christmas and New Year. 

I will be staying for about 20 days, so a lot less than my previous visit. 

Do you guys think this is going to be an issue?

Have any of you traveled multiple times to the US on ESTA while waiting for your K1 approval? Thank you so much. 

[Newhawaiki 20]

@Gii That's amazing you were able to make it into the U.S. to see your fiance! I have a few questions if you don't mind, how far along are you with your K1 and how long are you planning on being in the U.S.? Do you have to quarantine when you get back to Aus.? What evidence did you provide for your exemption to leave Aus.? 

Edited November 11, 2020 by Newhawaiki

[ODJD 4]

Hello,

We are looking at a holiday visit. About a month stay. Flights are affordable. I’m a little concerned he will be denied entry since we are so far along (case is at the embassy and awaiting medical/interview). Any possibility anyone could either ease my concerns or offer a warning to not attempt this? It’ll be a shame if we are out the money if denied but my main concern is what the process of being denied at customs looks like. Will he be detained, etc.? We haven’t booked anything yet. Thank you. 

[Boiler 43,461]

1 minute ago, ODJD said:

Hello,

We are looking at a holiday visit. About a month stay. Flights are affordable. I’m a little concerned he will be denied entry since we are so far along (case is at the embassy and awaiting medical/interview). Any possibility anyone could either ease my concerns or offer a warning to not attempt this? It’ll be a shame if we are out the money if denied but my main concern is what the process of being denied at customs looks like. Will he be detained, etc.? We haven’t booked anything yet. Thank you. 

This thread

[Gii 48]

On 11/11/2020 at 10:32 PM, Newhawaiki said:

@Gii That's amazing you were able to make it into the U.S. to see your fiance! I have a few questions if you don't mind, how far along are you with your K1 and how long are you planning on being in the U.S.? Do you have to quarantine when you get back to Aus.? What evidence did you provide for your exemption to leave Aus.? 

My case is stuck at NVC. Waiting for our interview. I am currently in hotel quarantine. Supplied evidence of our ongoing visa process. 

[ODJD 4]

8 hours ago, Boiler said:

This thread

Yes, I’ve been looking at this thread. I’ll admit that I haven’t read all 150 pages. Apologies for being naive but there have been posts with people being denied entry so this is the purpose for my inquiry. Any information you have would be excellent. 

[Boiler 43,461]

A reasonable summary is that most visit without issue.

[MJ&YY 124]

12 hours ago, ODJD said:

Hello,

We are looking at a holiday visit. About a month stay. Flights are affordable. I’m a little concerned he will be denied entry since we are so far along (case is at the embassy and awaiting medical/interview). Any possibility anyone could either ease my concerns or offer a warning to not attempt this? It’ll be a shame if we are out the money if denied but my main concern is what the process of being denied at customs looks like. Will he be detained, etc.? We haven’t booked anything yet. Thank you. 

My fiancee arrived on ESTA about 2 weeks ago for a 2-month visit.  We got our NOA2 like a week before she flew.  When asked about her plans in the US, she said she was visiting some friends from college and spending the holidays with her fiance and his family.  We expected more questions but that was all.  POE was at Dulles.

[ODJD 4]

1 hour ago, MJ&YY said:

My fiancee arrived on ESTA about 2 weeks ago for a 2-month visit.  We got our NOA2 like a week before she flew.  When asked about her plans in the US, she said she was visiting some friends from college and spending the holidays with her fiance and his family.  We expected more questions but that was all.  POE was at Dulles.

Oh wow, thank you so much for your response.
 

Can you let me know if he required a Covid test? I’ve seen some explain they need a test as well as a contact tracing app. Was this true for you? 
 

We’ve visited multiple times throughout this lengthy process, but never since covid and since we’ve moved to the embassy. It’s great to hear alternative perspectives outside of Canada, Australia, and UK. Unfortunately, treatment in immigration varies greatly so I truly appreciate your perspective. 

[MJ&YY 124]

5 minutes ago, ODJD said:

Oh wow, thank you so much for your response.
 

Can you let me know if he required a Covid test? I’ve seen some explain they need a test as well as a contact tracing app. Was this true for you? 
 

We’ve visited multiple times throughout this lengthy process, but never since covid and since we’ve moved to the embassy. It’s great to hear alternative perspectives outside of Canada, Australia, and UK. Unfortunately, treatment in immigration varies greatly so I truly appreciate your perspective. 

She did not have to take a covid test at entry.  We self-isolated/quarantined for the first two weeks, and I got a covid test somewhere in there for my own sanity.   Everything went smoothly.  Her flight from Tokyo to Dulles only had like 30 people on it.

[HRQX 4,145]

35 minutes ago, ODJD said:

I’ve seen some explain they need a test as well as a contact tracing app. Was this true for you?

The federal government has not enacted any of those requirements. They have deferred those decisions to state and local governments. Which state would he visit?

[ODJD 4]

17 hours ago, HRQX said:

The federal government has not enacted any of those requirements. They have deferred those decisions to state and local governments. Which state would he visit?

Thank you! He would stay in DC. Our mayor has strict rules but no real way to enforce them, which is evident from her own travel. 

[HRQX 4,145]

4 hours ago, ODJD said:

but no real way to enforce them

Yup. The "enforcement" section is very limited: https://coronavirus.dc.gov/page/mayor’s-order-2020-081-requirement-self-quarantine-after-non-essential-travel-during-covid-19

ENFORCEMENT

1. Businesses and other employers, universities, apartments, condominiums, and cooperatives may require employees, students, clients, customers, guests, visitors, or other persons to affirm compliance with this Order before allowing entry or providing services.

2. This District of Columbia reserves the right to exercise provisions of the Communicable and Preventable Diseases Act, approved August 11, 1939, 53 Stat. 1408, D.C. Official Code §§ 7-131 et seq., if warranted.

 

Link to the code listed in last sentence: https://code.dccouncil.us/dc/council/code/titles/7/chapters/1/subchapters/II/

[M&D2021 44]

My fiance arrived into DTW a few days ago on a pre-existing B2 visa. We received our NOA1 for the K1 many months ago, but are still waiting for a NOA2. She is Thai and when she checked in for her flight in Bangkok the airline made her sign something agreeing to be returned to Thailand if she was not allowed entry. They told her that they had to introduce that since lately a lot of Thai citizens were being rejected for entry into the US. On arrival, they of course took her into secondary. She was there for over an hour, and they asked her a lot of the expected questions. They also searched all of her luggage in full looking for any signs of her intent to stay. One thing to flag that might be of interest to others is that they tried to trip her up a few times, asking her why she doesn't just stay in the US and wait for her K1 to be approved and also why she doesn't just get married now and adjust her status that way. Each time she responded that she has to go back to Thailand and has no intent to stay. She also had a letter from me stating that we have no intent to marry on this trip and that she will return to Thailand before moving here once her K1 is approved. She also showed them proof that she has a condo and a car in Thailand, as well as that she has income and sufficient savings. Since she is staying for just under 3 months, they also asked her why she was visiting for so long. She showed them an itinerary for a planned multi-week roadtrip we want to take (COVID permitting), and that seemed to satisfy the officer.

 

From this experience, it is easy to see how someone, particularly those from a non-VWP/ESTA country who seem to get more scrutiny, could answer wrong and end up on the next flight home. Make sure that your fiance's evidence is super strong of ties to his/her home country and that they do not fall for any of the trick questions and inadvertently express openness to circumventing the official K1 process.

[Adventine 3,187]

13 hours ago, PersonNumberOne said:

My fiance arrived into DTW a few days ago on a pre-existing B2 visa. We received our NOA1 for the K1 many months ago, but are still waiting for a NOA2. She is Thai and when she checked in for her flight in Bangkok the airline made her sign something agreeing to be returned to Thailand if she was not allowed entry. They told her that they had to introduce that since lately a lot of Thai citizens were being rejected for entry into the US. On arrival, they of course took her into secondary. She was there for over an hour, and they asked her a lot of the expected questions. They also searched all of her luggage in full looking for any signs of her intent to stay. One thing to flag that might be of interest to others is that they tried to trip her up a few times, asking her why she doesn't just stay in the US and wait for her K1 to be approved and also why she doesn't just get married now and adjust her status that way. Each time she responded that she has to go back to Thailand and has no intent to stay. She also had a letter from me stating that we have no intent to marry on this trip and that she will return to Thailand before moving here once her K1 is approved. She also showed them proof that she has a condo and a car in Thailand, as well as that she has income and sufficient savings. Since she is staying for just under 3 months, they also asked her why she was visiting for so long. She showed them an itinerary for a planned multi-week roadtrip we want to take (COVID permitting), and that seemed to satisfy the officer.

 

From this experience, it is easy to see how someone, particularly those from a non-VWP/ESTA country who seem to get more scrutiny, could answer wrong and end up on the next flight home. Make sure that your fiance's evidence is super strong of ties to his/her home country and that they do not fall for any of the trick questions and inadvertently express openness to circumventing the official K1 process.

Thank you for posting your fiancée's experience. I'll keep this in mind when the time comes for me to visit.