US entry while waiting for the K1 visa possible?

[synth19 0]

^ that's absolute bull$######... sux that ppl have that kind of power.

[beppyz 0]

My fiance has visited me in Chicago at least 7 times while her Visa was pending....she never brought anything, and was never qustioned. I can't prove it, but I'm convinced there is no way for them to know you are K1 pending. But as everyone else said..bring proof JUST IN CASE!

That is REALLY good to know! I guess the IO at the airport doesn't really have all of that info on him. As if this whole process isn't stressful enough, then you have to worry about possibly not seeing your SO for a LONG time, because of formalities. Ugh!

[raphael7546 0]

It is completely subjective, depending entirely on the mood and whims of the border agent you happen to get when you cross. If he's having a good day, he may just wave you through. If he's having a bad day, he'll ban you for 12 months, or worse. Ruining peoples' lives means nothing to them.

Amen to that!

I went across ALOT and never a problem but then was denied and told not to come back until I have a K-1 It was a LONG two and a half yrs before I could see my fiance. (He's Military) You can read my whole story by clicking on my name on the left at my profile scroll down to read "My Story"

But... I would like to add that my denial had NO bearing on my K-1 Interview and I am now Happily Married and living here in the states.

[calidreamer80 0]

Oh I'm glad you added that last part about it not having any bearing on the k-1 receipt. i worry that becuase of what has happened it might narrow my chances of getting approved. good lord i hope that's not the case and i get approve. i mean we make mistakes and i don't think i should be discriminated against just because i dont work. i am just not in the place in my life right now where i want to work. in the future i can see myself doing so though.

its just sad how customs officials have to make decisions based on mood. it shouldn't be like that. they should be making decisions based on real threats. oh well, its in the past and i must look foward to the future. in the meantime im staying put here until i can go over legally.

[scottseattle 0]

My fiancee is thinking of coming over this summer. She has been to Seattle from Germany at least 13 times, always left early etc.. Even came back once after 2 weeks. So anyone think track record plays into it? I also think people should use he don't ask don't tell approach, and visiting staying at such and such, friend etc..

[smc 0]

I have just returned from america....i was asked nothing about my visa application.....alot of people on this site over exaggerate so take it from me who was there less than a week ago that you will be fine.

[happyimmigrant 0]

I have just returned from america....i was asked nothing about my visa application.....alot of people on this site over exaggerate so take it from me who was there less than a week ago that you will be fine.

Or, you could take it from people like me, who tried, and have now been barred from entry into the US until my visa is completed. You will not always be fine.

[onesassygirl 0]

I have just returned from america....i was asked nothing about my visa application.....alot of people on this site over exaggerate so take it from me who was there less than a week ago that you will be fine.

Or, you could take it from people like me, who tried, and have now been barred from entry into the US until my visa is completed. You will not always be fine.

did you bring 'proof' you were coming back?

[happyimmigrant 0]

I have just returned from america....i was asked nothing about my visa application.....alot of people on this site over exaggerate so take it from me who was there less than a week ago that you will be fine.

Or, you could take it from people like me, who tried, and have now been barred from entry into the US until my visa is completed. You will not always be fine.

did you bring 'proof' you were coming back?

Let's see...mortgage statement, several utility bills, pay stubs, oh and the card from my doctor showing an appointment I had in five days (which they found when they emptied my wallet and rifled through its contents).

They took my business card, called the CEO of my company and confirmed that I worked for them.

So after several hours of interrogation, the USCIS officer told me that he thought that I was lying about not working in the US, and told me that the next time I attempt to cross the border, I must have documented evidence proving that everything I told them was true. If I did not have the evidence, or the evidence was not satisfactory or to their liking, they would bar me from entering the US for five years, and charge me with fraud.

It's very simple to prove that you ARE doing something, but it's almost impossible to prove to them that you are NOT doing something. When I asked them repeatedly what sort of evidence would satisfy them, I was told over and over again, "I can't tell you. The burden of proof is on you." So there was no way I could actually prove to them that I don't do work on the weekends when I was visiting my fiancee, they refused to tell me what they would accept as evidence, and if I guessed wrong, I'm barred for five years.

Therefore I have stayed in Canada since. Despite the fact that I crossed the border almost weekly for the previous 8 months, that one day I got one a$$hole border guard who was having a bad day, and now I can no longer cross to see my fiancee. That was June of last year. Still waiting.

[hockeygal 0]

Therefore I have stayed in Canada since. Despite the fact that I crossed the border almost weekly for the previous 8 months, that one day I got one a$$hole border guard who was having a bad day, and now I can no longer cross to see my fiancee. That was June of last year. Still waiting.

Well that is a scary story. But am I missing something here? At the bottom of your post, it says you sent in the K-1 application this past November, but you say you were barred from entering in June? So it had nothing to do with your trying to cross the border with a K-1 pending, it was just a bad border guy draw... wow!

[happyimmigrant 0]

Therefore I have stayed in Canada since. Despite the fact that I crossed the border almost weekly for the previous 8 months, that one day I got one a$$hole border guard who was having a bad day, and now I can no longer cross to see my fiancee. That was June of last year. Still waiting.

Well that is a scary story. But am I missing something here? At the bottom of your post, it says you sent in the K-1 application this past November, but you say you were barred from entering in June? So it had nothing to do with your trying to cross the border with a K-1 pending, it was just a bad border guy draw... wow!

I had a different visa application pending at that time. After the mess at the border, and because of a couple other things, we decided to switch to a K-1, and that was sent in in November.

I have been dealing with the boneheads at USCIS now for over a year, however only the past 2 1/2 months have been for the K-1.

[onesassygirl 0]

Therefore I have stayed in Canada since. Despite the fact that I crossed the border almost weekly for the previous 8 months, that one day I got one a$$hole border guard who was having a bad day, and now I can no longer cross to see my fiancee. That was June of last year. Still waiting.

wow. that is scary. what was that other visa, if you don't mind me asking?

[happyimmigrant 0]

Therefore I have stayed in Canada since. Despite the fact that I crossed the border almost weekly for the previous 8 months, that one day I got one a$$hole border guard who was having a bad day, and now I can no longer cross to see my fiancee. That was June of last year. Still waiting.

wow. that is scary. what was that other visa, if you don't mind me asking?

An L-1A.

[aussiewench 9]

Being refused entry not only happens to those with a fiance or spousal visa's in progress. It applies to anyone entering the US. ALL visitors are looked on as intending immigrants and at any time may be asked to provide proof that they will be returning to their home country. All travellers to the US should in this respect carry evidence of ties to their home country. Even then as has been stated, does not guarantee entry. I had a clear passage through when I visited prior to starting this visa journey....but if I was to go again, I am aware that there is a chance of being denied. To blatantly ignore this fact I would be foolish.

[Cassie 8]

its just sad how customs officials have to make decisions based on mood. it shouldn't be like that. they should be making decisions based on real threats.

Sometimes it is all depending on what mood they are in, but aussiewench is right -- the assumption is that you're coming to the US to stay for good, and your actions (and possibly documents you may have to produce) will either convince them otherwise or confirm their assumption. The fact that you don't work and are petitioning for a fiance visa right now = a huge red flag -- you obviously have intent to immigrate to the US eventually, so to them you have to prove why you aren't planning to do it on this trip -- hence your grilling on that very topic the last time you travelled.

What can you take for alternative proof?

--do you rent or own your home? show a current lease or the fact you're paying mortgage, etc

--bank statements

--current bills

--Do you have kids? Perhaps a notarized letter from the person who would be looking after them while you were gone.

etc etc anything that shows that you still have current ties to Canada.

Even before we started the visa process, my husband Jerry almost didn't make it through Canadian customs on his first visit to see me -- the combination of him bringing his laptop with the fact that he's a programmer by trade = extended questioning about whether or not he was actually coming for a vacation or coming to work (which of course, is a no-no). An officer even came out to the waiting area to question me. Obviously we were convincing enough and he got through.

I personally wouldn't want their job -- they're between a rock and a hard place -- be too lax and be criticized for crappy national security, be too strict and get criticized for not having a heart. meh -- who wants that kind of stress?