Can I visit her in US while awaiting K1 NOA2

[Nickm1002 10]

Hello,

 

We have been waiting since July 9th, 2021 for NOA2, We only have gotten the receipt notice so far (July 9th)

 

Before we started this process, I visited and stayed with her for 6 months, I didnt file for anything at all, They just let me in @ the border and stamped my passport with B2..

I am hesitant to book a flight to go there now because I was scared we would hear back in the next 2 months or so and my interview would be soon after, But after looking up times I'm seeing it can take like 9 months for an interview when that time comes... so I'd like to go in the next few months and book a flight for 6 months, I obviously could change it to shorter if needed... Would this be an issue @ the border with a pending K1? Maybe it would help that I stayed exactly 6 months before and left?

I just don't wanna be turned away @ the border, and I also don't wanna miss out doing any of the process if I'm stuck in US... Are all the next upcoming steps things I could do from US (Until my interview/medical)

I just have absolutely no idea if I can travel there or not during the process, I read its risky and I dont know if it matters I'd be coming from Canada or not.

I would be open to booking a flight for a shorter time span like 3-4 months if that would be best too.

Any tips, comments would be helpful.

Thanks, It's just getting extremely hard not seeing each other in over a year now and not hearing anything in 7 months besides the initial receipt notice so I'd love to go if I could.

[Nickm1002 10]

I would like to book a flight for March 22nd until around Sept 9th, The price is reasonable and I would love to see her again for a great 6 months as we wait..

Basically main concerns, Trouble @ border with pending K1 and also can I do all of the next upcoming steps from USA if they happen to come around while I'm there.. Just so tired of sitting here waiting..

 

 

EDIT : I just noticed there is a pin thread saying you could visit, but my question is a little more detailed as I'm hoping I can complete all the next steps from USA as a Canadian Citizen until the Medical/Interview... as I don't want to miss out on completing steps during a US visit that could be up to 6 months.

Thanks!

Edited February 1, 2022 by Nickm1002

[Mike E 11,745]

What did you do for income when you stayed for 6 months?

 

And what will you do for income between March and September of 2022 during your next planned stay?

Edited February 1, 2022 by Mike E

[Nickm1002 10]

3 minutes ago, Mike E said:

What did you do for income when you stayed for 6 months?

 

And what will you do for income between March and September of 2022 during your next planned stay?

Same as last time I did for 6 months, we got by fine, her work makes enough & my family helps anytime we need it.

It wouldn't be an issue for us to figure out, Mainly concerned if we would run into trouble at border thats it.

[Mike E 11,745]

You’ve weak ties to Canada. No job.  You’ve strong ties to her because of the pending K-1.  
 

It won’t surprise me if you are refused entry. 

[Nickm1002 10]

6 minutes ago, Mike E said:

You’ve weak ties to Canada. No job.  You’ve strong ties to her because of the pending K-1.  
 

It won’t surprise me if you are refused entry. 

Who said I didn't have a job lol?

I have a job as a security guard, It's pick & choose shifts, so extremely easy for me to leave for as long as I want, Same as I did before.

 

My family is still here and I love my country I am doing everything legally and 100% don't want to be banned from entering states, Would never risk doing something dumb.

I just wanna visit & stay with her again like I did before because I miss her very much.

So as I said we got the NOA1 in July 9th, Are the next steps things I could complete in US during the 6 months if I got in? That's another fear of mine, I wanna make sure I can complete everything from there, I think I would be able to as its just filling out forms and stuff until the Medical/exam interview from what I understand and that will much likely be longer than 6 months.. I'm willing to risk getting turned away even if its 50/50, And I think its definitely at least that, Especially since I can prove I stayed and went 6 months last time + bring signed letters from family saying I will be returning & they will help with money anytime I should need it (but I wont) and proof from the I-129F showing we are doing everything legal and intend too... 

I'm more worried about if I will miss out on doing stuff while I'm there.

Edited February 1, 2022 by Nickm1002

[SalishSea 18,419]

1 hour ago, Nickm1002 said:

Hello,

 

We have been waiting since July 9th, 2021 for NOA2, We only have gotten the receipt notice so far (July 9th)

 

Before we started this process, I visited and stayed with her for 6 months, I didnt file for anything at all, They just let me in @ the border and stamped my passport with B2..

I am hesitant to book a flight to go there now because I was scared we would hear back in the next 2 months or so and my interview would be soon after, But after looking up times I'm seeing it can take like 9 months for an interview when that time comes... so I'd like to go in the next few months and book a flight for 6 months, I obviously could change it to shorter if needed... Would this be an issue @ the border with a pending K1? Maybe it would help that I stayed exactly 6 months before and left?

I just don't wanna be turned away @ the border, and I also don't wanna miss out doing any of the process if I'm stuck in US... Are all the next upcoming steps things I could do from US (Until my interview/medical)

I just have absolutely no idea if I can travel there or not during the process, I read its risky and I dont know if it matters I'd be coming from Canada or not.

I would be open to booking a flight for a shorter time span like 3-4 months if that would be best too.

Any tips, comments would be helpful.

Thanks, It's just getting extremely hard not seeing each other in over a year now and not hearing anything in 7 months besides the initial receipt notice so I'd love to go if I could.

Unusual to be able to 'visit' for 6 months and not have to work.  I'm sure CBP will wonder the same.

 

There are no steps to the process to be done from within the US.  

[SalishSea 18,419]

You're missing the point.  

 

Most working adults cannot just take 6 months off from paid jobs like that.  CBP will scrutinize your request for admission for good reason.

[Nickm1002 10]

2 minutes ago, Jorgedig said:

You're missing the point.  

 

Most working adults cannot just take 6 months off from paid jobs like that.  CBP will scrutinize your request for admission for good reason.

They let me in the last time for a 6 month visit when I didnt even have a return flight booked, I said I was planning on staying 6 months depending on how it went and he just said next time book a return it will be easier, but it was really easy anyway.

I'm not as much concerned now that I know you can legally visit under a K1, I think all my answers will be good just like it was fine last time.. and worst case I get turned away not end of the world, I'd rather try.. mainly just wanted to know it was 100% legal to do and wasn't a waste of time, I feel pretty confident everything will be okay just the fact I'm coming from Canada, and have proof of a 6 month visit before with no issues.

Regarding your 2nd point, Are you saying after the NOA2 is issued, I basically have to be in Canada for the rest? Even filling out the DS160 etc?

It was my understanding it will be a long wait  before anything is really needed after the NOA2 but just wanted to confirm, Don't wanna get stuck in US needing to return home quick for a step, If this is the case I'd try booking maybe for 3 months or so just to make sure im back if needed.

Thanks again.

Edited February 1, 2022 by Nickm1002

[Redro 4,613]

It's always a risk to have multiple long trips to the US. It looks like you are living there not just visiting. 

Have a look in the Tourist Visa forum. A member was questioned when he entered and was made to change his airline ticket and only given 1 month entry. 

Maybe it's different for Canadians but as you've already been warned by CPB during your last trip there is a good chance you'll be pulled into secondary and either told to go back to Canada OR given a shorter visit time. Or you could be totally fine... but I would not plan to visit for the full 6 months... as most young adults are not able to take two 6 month trips in short succession and they might suspect that you're working without authorization in the US. 

 

 

 

[Mike E 11,745]

5 hours ago, Nickm1002 said:

Who said I didn't have a job lol?

I have a job as a security guard, It's pick & choose shifts, so extremely easy for me to leave for as long as I want, Same as I did before.

Such a job is a weak tie. You don’t depend on the job and the job doesn’t depend on you.  
 

5 hours ago, Nickm1002 said:

 

.

I just wanna visit & stay with her again like I did before because I miss her very much.

So as I said we got the NOA1 in July 9th, Are the next steps things I could complete in US during the 6 months if I got in? That's another fear of mine, I wanna make sure I can complete everything from there, I think I would be able to as its just filling out forms and stuff until the Medical/exam interview from what I .

Well every other K-1 manages to complete the process from outside the USA.
 

By your own words you are creating a rationalization that one could interpret as leading to a conclusion that maybe it would be easier to just get married on your next trip and adjust status.  

 

You can try another 6 month visit if you want.  But you have also said you don’t want to be denied entry. There is never anyway to ensure a denial won’t happen.  I’m just telling you there is strong possibility, as in a double digit percentage probability, of a denial.  
 

So pick what is more important to you.  

[SteveInBostonI130 3,491]

@Nickm1002, I am assuming the 6 month visit was right before you filed for the K1, in July?

 

If so, 6 months in US, 9 months in Canada, then 6 months in US?  12 months in the US and 9 months in Canada...

 

To CBP, it may seem you are trying to live in the US and are just visiting Canada.  Now, with the K1, you have a stronger tie here than there.

 

One 6 month visit can be understandable.  People take a year off during school, or months off between work to travel and tour.  Multiple 6 month visits may lead to CBP questioning if those are tourist visits or attempts to reside in the US.

 

Also, you mentioned that perhaps your K1 would be approved in 9 months.  That makes your planned trip fall right when you are expecting the K1 to be approved and for you to prepare for the consulate interview.  Gathering police clearance certificates, getting your medical, gathering you civil documents, etc.  The timing seems to conflict.  Perhaps a 1-2 month visit now to the end of March would be better?

[CMJuilland 485]

Nobody can tell you whether or not you will be admitted.  It doesn’t matter, at this point, whether you “legally” have the right to visit or not; it’s at CBP’s discretion that you will be admitted or not. 

Like others have stated already, your ties are weak to non-existant.  CBP officers are often trained to assume fraud, which puts the burden on you to “prove” that you will not use your stay to “live” in the U.S.  If you put yourself in a CBP officer’s shoes, it is easy to assume that you do just that - especially while already having established immigrant intent with the pending K1 application. 

 

I get how hard it is; my wife and I went through this as well (minus COVID plus Atlantic Ocean).  Right around filing, I was pulled into secondary because CBP apparently thought I was visiting a tad bit too often.  However, I had a return ticket for three weeks later, a letter from my employer that they expected me back, and a lease back in Switzerland.  Had that not been the case, I am sure I would have ended up on a flight back to Europe that day.  In your situation, it might be better to plan two or three shorter visits (of a week or two) as that would not raise as much suspicion - and it would look less like you “want to use your visitor privileges to live in the United States”. 

 

Good luck with everything! 

[CMJuilland 485]

8 minutes ago, SteveInBostonI130 said:

@Nickm1002, I am assuming the 6 month visit was right before you filed for the K1, in July?

 

If so, 6 months in US, 9 months in Canada, then 6 months in US?  12 months in the US and 9 months in Canada...

 

To CBP, it may seem you are trying to live in the US and are just visiting Canada.  Now, with the K1, you have a stronger tie here than there.

 

One 6 month visit can be understandable.  People take a year off during school, or months off between work to travel and tour.  Multiple 6 month visits may lead to CBP questioning if those are tourist visits or attempts to reside in the US.

 

Also, you mentioned that perhaps your K1 would be approved in 9 months.  That makes your planned trip fall right when you are expecting the K1 to be approved and for you to prepare for the consulate interview.  Gathering police clearance certificates, getting your medical, gathering you civil documents, etc.  The timing seems to conflict.  Perhaps a 1-2 month visit now to the end of March would be better?

I was cross posting with @SteveInBostonI130, and I would second every single word. 

[Nickm1002 10]

33 minutes ago, SteveInBostonI130 said:

@Nickm1002, I am assuming the 6 month visit was right before you filed for the K1, in July?

 

If so, 6 months in US, 9 months in Canada, then 6 months in US?  12 months in the US and 9 months in Canada...

 

To CBP, it may seem you are trying to live in the US and are just visiting Canada.  Now, with the K1, you have a stronger tie here than there.

 

One 6 month visit can be understandable.  People take a year off during school, or months off between work to travel and tour.  Multiple 6 month visits may lead to CBP questioning if those are tourist visits or attempts to reside in the US.

 

Also, you mentioned that perhaps your K1 would be approved in 9 months.  That makes your planned trip fall right when you are expecting the K1 to be approved and for you to prepare for the consulate interview.  Gathering police clearance certificates, getting your medical, gathering you civil documents, etc.  The timing seems to conflict.  Perhaps a 1-2 month visit now to the end of March would be better?

I agree with you, With the timing of the NOA1 and hopefully getting the NOA2 I was planning on making the trip shorter, Maybe 2-3 months.

Thanks for your reply.