We filed for K1. Can I visit him AGAIN using my VWP?

[missyouhoney 1]

OK. We filed for K1 in October. I visited him in December for 15 days. Came back home, realized we´ll have to wait another 5 months till we get the K1, miss each other like crazy. Can I go visit him for 2 months and then come back home? Do you think the Immigration Officer will allow me to enter?

Since I´m planning to do this, I´m quitting my job so I can´t prove anymore I have a job tie at home.

Thanx.

[Rob and Jill 82]

Hmmmm, I would say technically YES, you can since Spain is part of the VWP. However, not having any ties to your job at home might make it a little suspicious. You would need piles of proof you have a reason to go back home. Keep in mind, ANY time you travel to the US you can be denied for any reason. There are no guarantees.

[missyouhoney 1]

Hmmmm, I would say technically YES, you can since Spain is part of the VWP. However, not having any ties to your job at home might make it a little suspicious. You would need piles of proof you have a reason to go back home. Keep in mind, ANY time you travel to the US you can be denied for any reason. There are no guarantees.

I´d think the best proof I have is that by April (the month i´ll have my ticket back) The NVC will b sending the American embassy in Spain the packet i need to fill in, besides that, we´re paying a lawyer to help us do this, not that we aren´t clean because we´re clean, we just wanted someone to do it for us since we´re very busy.

Does this make sense?

[Deputy Purple 1,294]

I´d think the best proof I have is that by April (the month i´ll have my ticket back) The NVC will b sending the American embassy in Spain the packet i need to fill in, besides that, we´re paying a lawyer to help us do this, not that we aren´t clean because we´re clean, we just wanted someone to do it for us since we´re very busy.

Does this make sense?

No it doesn't make any sense.

Remember that CBP must assume everyone has immigrant intent and, if questioned, the traveler has the burden of proving otherwise. Having a K-1 in the process is clear and present immigrant intent and there is nothing stopping your from marrying while in the US on VWP then filing to Adjust Status without returning.

IMHO that would not be wise as if they deny your AOS on VWP you have no right to appeal and will be ordered removed. Since you have a K-Visa petition in the works it would be difficult for you to deny that you had immigrant intent when you entered the US.

Some will argue that since you didn't intend to immigrate on the VWP visit you're safe but remember they would see the existing petition as intent. Of course they can't deny solely on intent but if you are asked purpose of visit how will you answer?

[missyouhoney 1]

No it doesn't make any sense.

Remember that CBP must assume everyone has immigrant intent and, if questioned, the traveler has the burden of proving otherwise. Having a K-1 in the process is clear and present immigrant intent and there is nothing stopping your from marrying while in the US on VWP then filing to Adjust Status without returning.

IMHO that would not be wise as if they deny your AOS on VWP you have no right to appeal and will be ordered removed. Since you have a K-Visa petition in the works it would be difficult for you to deny that you had immigrant intent when you entered the US.

Some will argue that since you didn't intend to immigrate on the VWP visit you're safe but remember they would see the existing petition as intent. Of course they can't deny solely on intent but if you are asked purpose of visit how will you answer?

Well i thought it would make sense since by the time i´m planning to fly we would already be in the middle of the process, Why would we risk it by trying to illegally marry? I mean, I´m coming back home after 2 months, rite when the packet should be arriving, it´s just that i want to spend 2 months with my honey, i miss him.

Makes a little bit more sense now?

[iampatricias 17]

Bob 4 Anna is right. You can be denied entry as a tourist because of the risk that you could overstay and marry without the proper paperwork.

On the other hand, it's not wrong or sneaky or illegal for you to visit him in the States, and tell the border guard that you're visiting your fiance. That's what a "tourist" visit allows for. I got a specific question in August about going on a 3 week visit, but all they said was, "3 weeks? That seems like a long visit." I didn't say anything, and they let it go (I wanted to say, "it's not nearly long enough when you're in love!!" but I controlled myself ). They reminded me that I needed to return by the flight date, and I said, "yes, I absolutely understand, we want to do this right."

That doesn't mean I'm "more right" than Bob 4 Anna, or that my experience is more valuable - I don't think, though, that you are more likely to get turned away than to be allowed to enter. It's always a bit of a risk.

** I just want to add, I'm a Canadian permanent resident from Holland, crossing into the States on the VWP too **

Edited January 24, 2011 by iampatricias

[Krikit 1,163]

Well i thought it would make sense since by the time i´m planning to fly we would already be in the middle of the process, Why would we risk it by trying to illegally marry? I mean, I´m coming back home after 2 months, rite when the packet should be arriving, it´s just that i want to spend 2 months with my honey, i miss him.

Makes a little bit more sense now?

Yes, it makes very much sense. A lot of the Canadians were only allowed entry when they produced their NOA's showing they were doing things the legal way. Here's a helpful link for you:

Visitation FAQ's

[missyouhoney 1]

Yes, it makes very much sense. A lot of the Canadians were only allowed entry when they produced their NOA's showing they were doing things the legal way. Here's a helpful link for you:

Visitation FAQ's

That´s what I thought. I hope it makes sense to the officer too, of course, I don´t think s/he fell in love with a foreigner and applied for a K1 so what makes sense to us, may not make sense to her/him.

Thank you for ur answers and for the link.

[Deputy Purple 1,294]

Well i thought it would make sense since by the time i´m planning to fly we would already be in the middle of the process, Why would we risk it by trying to illegally marry? I mean, I´m coming back home after 2 months, rite when the packet should be arriving, it´s just that i want to spend 2 months with my honey, i miss him.

Makes a little bit more sense now?

I didn't mean to come off as if to say that you would be denied. Just to point out that what makes sense to those of us "in the process" doesn't always make sense to everyone else, even CBP.

[Fandango 1,439]

No it doesn't make any sense.

Remember that CBP must assume everyone has immigrant intent and, if questioned, the traveler has the burden of proving otherwise. Having a K-1 in the process is clear and present immigrant intent and there is nothing stopping your from marrying while in the US on VWP then filing to Adjust Status without returning.

IMHO that would not be wise as if they deny your AOS on VWP you have no right to appeal and will be ordered removed. Since you have a K-Visa petition in the works it would be difficult for you to deny that you had immigrant intent when you entered the US.

Some will argue that since you didn't intend to immigrate on the VWP visit you're safe but remember they would see the existing petition as intent. Of course they can't deny solely on intent but if you are asked purpose of visit how will you answer?

I don't know how you jumped on this tangent re: aosing from vwp. That was never mentioned...in fact, OP has said that she is going back in April to finish the fiance process.

[Deputy Purple 1,294]

I don't know how you jumped on this tangent re: aosing from vwp. That was never mentioned...in fact, OP has said that she is going back in April to finish the fiance process.

I didn't jump to any tangent. I simply explained how it could be viewed by CBP officer, as I explained in my second reply (3 hrs before you replied).

[Rob and Jill 82]

That´s what I thought. I hope it makes sense to the officer too, of course, I don´t think s/he fell in love with a foreigner and applied for a K1 so what makes sense to us, may not make sense to her/him.

Thank you for ur answers and for the link.

Like I said at the beginning...Prepare for the worst and USUALLY you will be fine.

Also, be careful what you assume and how you talk to an officer. A comment like "well, you haven't done this so that's why it doesn't make sense to you" is not likely to get you far. If you are stopped and questioned this is all you should have to say assuming you have evidence you're going back:

I am hear to visit my fiance while we wait for my immigration paperwork to be transferred to its next stages. After that I am going to go home and have my interview ....blah blah blah.

Be prepared to answer questions like the following:

What is your return date?

How much money is in your bank account?

How will you get home if your flight is canceled?

Do you work and when are you expected abck to work (I know it's no, but they'll ask)?

What is the address where you will be staying?

etc etc.

[EllaC 190]

OK. We filed for K1 in October. I visited him in December for 15 days. Came back home, realized we´ll have to wait another 5 months till we get the K1, miss each other like crazy. Can I go visit him for 2 months and then come back home? Do you think the Immigration Officer will allow me to enter?

Since I´m planning to do this, I´m quitting my job so I can´t prove anymore I have a job tie at home.

Thanx.

I know lots of friends visiting while in the K-1 process from VWP countries and not only. Trust me, you can do it. Not all of them are employed, they were still ok. They brought every little thing they thought it would help at the POE, even a copy of the NOA1 hard copy, bank statement...

Good Luck!

Edited January 25, 2011 by Ella & Octav

[Justine+David 218]

eh, David visited me twice during the K1 process. Depends a lot on your demeanor, ties to home country, and the person who's at the checkpoint

[Nigel&Meggie 40]

I have visited my fiancee twice since we filed the K-1, once for 10 days and once for just under the 90 day limit. Got in both times but had a tough experience on one of the visits. It's just luck what kind of mood the officer is in on the day.

Like others have said, it's ok to try, but do not assume you will be let in - and bring as much evidence of ties back home as possible, no matter how insignificant it may seem.