denial of entry while K1 is pending

[fukita89 0]

6 minutes ago, Mike E said:

Generally if the CBPO believes you have committed fraud. For example you say you intend to visit but the CBPO has evidence you intend to work without authorization or stay beyond your authorized stay.   
 

You can mitigate  the risk of expedited removal by attempting to enter the USA via a preclearance port which is the norm for flights from fron Cbaada and Ireland.  Preclearance is also available at Abu Dhabi and some airports in the Caribbean.
 

You can further mitigate the risk should fly on a U.S. airline froma Preclearance airport as those flights tend to arrive at the domestic terminal.
 

 When I flew from Dublin to Chicago on Aer Lingus, CBP still met the flight at the arriving gate in the international terminal despite going through preclearance (because it was convenient for CBP to do so). On preclearance flights from Canada I’ve never had that experience. 

I am hired by Japanese company ( my home country is Japan ) and the purpose of the visit is to visit distillery that the company I work for deal with, I

will not get paid or work remotely. it will only be a week stay max. 

[JeanneAdil 6,275]

17 minutes ago, fukita89 said:

I never traveled to USA for business purpose in the past. 

then trying to say this is the purpose of your visit now when u r actually coming to see fiancee will be suspect

 

Whiskey is prominently made here in TN and Kentucky although it is made thruout the country

jack daniels,  Jim Beam and others have the biggest distilleries here in ky and Tn

so,  where in the US is fiancee?

 

that's the key "will u be going to the biggest distilleries   visiting what they call the "Kentucky whiskey trail"

Edited October 25, 2022 by JeanneAdil

[Mike E 11,727]

15 minutes ago, fukita89 said:

I am hired by Japanese company ( my home country is Japan ) and the purpose of the visit is to visit distillery that the company I work for deal with, I

will not get paid or work remotely. it will only be a week stay max. 

 

4 minutes ago, JeanneAdil said:

then trying to say this is the purpose of your visit now when u r actually coming to see fiancee will be suspect

It’s looking like NRT / YVR. I like Japan Airlines on that route.  

[JeanneAdil 6,275]

3 hours ago, Mike E said:

 

It’s looking like NRT / YVR. I like Japan Airlines on that route.  

so YVR would do US customs and all he should say is tourist visa/ forget the visiting for work 

[SusieQQQ 11,585]

13 hours ago, Jorgedig said:

No, it would not impact the K1.  You would lose the ESTA though.

 

I may be wrong, but I didn't think ESTA could be used for business like a B1?

ESTA is equivalent to a B1/B2 visa. 

4 minutes ago, JeanneAdil said:

so YVR would do US customs and all he should say is tourist visa/ forget the visiting for work 

No, he should not at all lie to CBP.  If he is visiting for work he should say so. Apart from anything else it also shows a tie to go home.

[SusieQQQ 11,585]

4 hours ago, fukita89 said:

I am hired by Japanese company ( my home country is Japan ) and the purpose of the visit is to visit distillery that the company I work for deal with, I

will not get paid or work remotely. it will only be a week stay max. 

And you will presumably have evidence from the company you work for that they have paid the ticket and hotel, and that you have business meetings arranged on behalf of your company, and maybe even if you’re paranoid a letter from the company explicitly stating that you are in the US on business on their behalf.

 

it sounds like some posters here have never travelled internationally on business before.

[JeanneAdil 6,275]

49 minutes ago, SusieQQQ said:

ESTA is equivalent to a B1/B2 visa. 

No, he should not at all lie to CBP.  If he is visiting for work he should say so. Apart from anything else it also shows a tie to go home.

but he is not coming for work / he has never traveled for his company to the U S A on business 

he is coming to see fiancee so why would he call it business now when he also said in a post 

 

 

"i will not get paid or work remotely. it will only be a week stay max. "   

he will visit a distrillery that his company works for ?? and they are not paying him?

[beloved_dingo 1,939]

It's also completely valid to visit to take care of some business AND spend time with your partner. It's not mutually exclusive. However, the point is that you don't need to hide your intentions or misrepresent your reasons for visiting. Rule of thumb with immigration is to answer questions truthfully but don't volunteer extra info. 

 

Example:

 

CBP - "What is the purpose of your visit?"

OP - "I plan to visit some whiskey distilleries on behalf of my employer in Japan, and spend time with my fiancé while I am here."

 

Then, be able to back that statement up with proof. Have a return ticket, show evidence that part of your reason for coming to the U.S. is at the behest of your employer, and be prepared to answer any questions about your fiancé honestly. If you have the NOA (receipt notice) for the K1 I would definitely bring that as well, because it shows you guys have intended to do things the "proper way". 

 

As a side note, many of us visited during K1 processing without any issues. My husband visited once before the K1 was filed (and was honest about coming to see his girlfriend) and twice after it was filed. Never had a problem and also was never taken to secondary. 

 

Edited October 25, 2022 by beloved_dingo

[beloved_dingo 1,939]

8 minutes ago, JeanneAdil said:

but he is not coming for work / he has never traveled for his company to the U S A on business 

he is coming to see fiancee so why would he call it business now when he also said in a post 

 

 

"i will not get paid or work remotely. it will only be a week stay max. "   

he will visit a distrillery that his company works for ?? and they are not paying him?

I agree that the phrasing in some of OP's posts makes it sound like they are using their work as an excuse to visit, rather than the employer "requiring" this visit. 

 

@fukita89 When you say you won't get paid, are you saying that your employer has requested or required you to take this trip to the U.S. but is not compensating you? Or did you kind of come up with the idea of visiting distilleries on your own because it is related to your work? The 2nd option would not be considered "traveling for business" or "traveling at the behest of your employer". Not saying this is the case, but do not exaggerate or make up reasons to come to the U.S. if the true reason is to see your fiancé. As I said in my other post, visiting while the K1 is pending is completely allowed and you don't need some other more "impressive" reason to visit. 

Edited October 25, 2022 by beloved_dingo

[Chancy 6,233]

4 minutes ago, JeanneAdil said:

but he is not coming for work / he has never traveled for his company to the U S A on business 

 

Just because they have not traveled on business before does not mean they cannot do so in the future.  OP repeatedly stated that they may in fact travel for business purposes --

 

14 hours ago, fukita89 said:

I have a job that requires business trip to USA. so I might have to travel to usa for work too while my K1 petition is ongoing.

14 hours ago, fukita89 said:

I may have to visit one of the distilleries or to attend exhibition.

5 hours ago, fukita89 said:

I am hired by Japanese company ( my home country is Japan ) and the purpose of the visit is to visit distillery that the company I work for deal with

 

@fukita89 -- Attending a business meeting/conference/exhibition or surveying a potential site for business are permitted activities under ESTA.  Just remember to answer truthfully when the CBP officer asks about your purpose of travel.  If you are required by your company to travel to the US on their behalf, be sure to bring the documents supporting such.  Like @SusieQQQ said, when I used to travel on business trips, I always brought my employment certificate with company letterhead, an itinerary listing my scheduled business meetings, and official invitations from my client counterparts.

 

[SusieQQQ 11,585]

2 hours ago, JeanneAdil said:

but he is not coming for work / he has never traveled for his company to the U S A on business 

he is coming to see fiancee so why would he call it business now when he also said in a post 

 

 

"i will not get paid or work remotely. it will only be a week stay max. "   

he will visit a distrillery that his company works for ?? and they are not paying him?

I think you misunderstood what he said, he is coming in a business trip, he is not being paid in the US to work in the US.

[Neonred 3,461]

8 hours ago, JeanneAdil said:

then trying to say this is the purpose of your visit now when u r actually coming to see fiancee will be suspect

 

Whiskey is prominently made here in TN and Kentucky although it is made thruout the country

jack daniels,  Jim Beam and others have the biggest distilleries here in ky and Tn

so,  where in the US is fiancee?

 

that's the key "will u be going to the biggest distilleries   visiting what they call the "Kentucky whiskey trail"

That would be the "Kentucky Bourbon Trail".  

 

I know it very well....