Fiance traveling to the U.S. after K1 process has begun

[rmf7969 0]

When my fiance visits me again in September of 2006 for 3 weeks, I am going to start the process of filing for the K1 visa. He plans to visit again at Christmas, but will he be able to enter the U.S. once the process has begun? He is in a position whereby his employer can write a letter of reference proving he is gainfully employed and will be returning to the U.K. and can also bring documentational evidence such as bank statements, mortgage, utility bills, etc. He normally travels here on a Visa waiver... will he still be allowed to do this once the process of the K1 visa has started?

[moondancer627 0]

Hi, Once your K-1 process is recieved by USCIS your fiance' will not be allowed to use the Visa Waiver process. I suggest to wait until after he visits at Christmas before sending in your paperwork so he can get in with his Visa Waiver... I know from experience as my husband was barred from the US for 6 months after returning to Canada on his Visa Waiver after we had submitted the paperwork last year in 2005.

Not a fun experience......

He had documentation and everything of residency in Canada at the time, although he was not entering via the airlines, but I would hate to see your fiance' spend tons of money in airline tickets and get turned away.

In any case you will be allowed to leave the US to visist him anytime.....

Remember these rules are not set in stone so what happened to us may not happen to you, because it depends alot on the POE officers.

Good Luck.....

Moondancer

[gwenneh 7]

When my fiance visits me again in September of 2006 for 3 weeks, I am going to start the process of filing for the K1 visa. He plans to visit again at Christmas, but will he be able to enter the U.S. once the process has begun? He is in a position whereby his employer can write a letter of reference proving he is gainfully employed and will be returning to the U.K. and can also bring documentational evidence such as bank statements, mortgage, utility bills, etc. He normally travels here on a Visa waiver... will he still be allowed to do this once the process of the K1 visa has started?

He is still eligible to use the visa waiver program until the K-1 is issued, but he must be able to prove his plans to return to the UK and be able to convince the entry clearance officer of that. My husband (who was at the time my fiance) visited me three times during the process this way and had no problems until the third time, and then only because he had spent the full 90 days in the US each time. It sounds like your fiance will be okay, but remember that it is up to the officer and he does stand the chance of getting turned back. How likely it is, depends largely on the officer and how satisfactory the answers are.

[mrswooten4ever 0]

I visited twice using VWP while K1 was in progress and had no problems. Like Gwen said entry is up to the discretion of the POE officer.

Good luck

Adele

[Keigwyn 1]

I visited three times also when the k-1 was in progress. The last time between packet 3 and packet 4. If the VWP has not been abused and your fiance has a letter form employer (I had one but never was asked to show it) evidence that he intends to return, then this may help. But as the others have said it is at the POE discretion.

From what I have seen on here, previous stays in the 80+day timescale seem to generate more of a red light at POE than the K-1 application. But thats only my opinion!

[Saddle Bronc 124]

rmf7969, would meeting (and "quality time") in Canada be a feasible alternative?

[Ephesia 0]

Heh, when my then fiance and I started the K1 process, we had never even heard of VJ or other immigration websites. He sent the petition at the end of my trip in Aug 05 and I was back in the US for another 3-month visit in Oct that same year. In my "utter naivete" I didn't even consider I would face problems at the POE during my 2nd visit. And I was fine. I was unemployed that year and didn't have any solid proof of ties to my home country. I even brought a lot of luggage because I wanted to reduce the amount of stuff that would be shipped when it was time to move permanently.

Some have told me I didn't raise any flag because of the country I am from. Maybe, maybe not. Looking back, though, I think not knowing so much was a great bonus. LOL.

Edited March 24, 2006 by Ephesia

[Anastasia 1]

I traveled to US to be with my fiance for a few months while my K-1 was in process, had no problems at all. But sometimes people get troubles and get sent back to their countries. It really only depends on what kind of officer you meet at POE and how do they feel that day about letting you in

[aussiewench 9]

Looking back, though, I think not knowing so much was a great bonus. LOL.

I agree lol When I travelled I had no idea of needing ties to home country just in case I was asked to prove such. I travelled on the VWP and waltzed through. Must admit it was my first and only time out of australia but damm I had a hell of a lot of luggage with me and travelling alone.

[Ephesia 0]

Looking back, though, I think not knowing so much was a great bonus. LOL.

I agree lol When I travelled I had no idea of needing ties to home country just in case I was asked to prove such. I travelled on the VWP and waltzed through. Must admit it was my first and only time out of australia but damm I had a hell of a lot of luggage with me and travelling alone.

Hahaha. I travelled on the VWP too. It never occurred to me that I was carrying way too much luggage for a mere 3-month visit. What's more, more than half the stuff in the luggage was not what one would typically pack for a vacation, e.g. photo albums, books, journals, etc. The people inspecting my luggage never even asked why I had so much stuff for a vacation.

[silverbutterfly228 0]

hey if you started k1 process now he could be permanently there for christmas!

[rmf7969 0]

Thank you to all who replied to my post... My fiance and I have decided to wait until September to file the paperwork. Hopefully the visit during Christmas will go smoothly.

Thanks again, and good luck to all of you going through this with us.