ForumTitleContentMemberSexCountryDate/Time
K-1 Fiance(e) Visa Process & ProceduresAge Limitation to file I-129F

My fiance was 64 and I am 50.  We were successful in getting our K1 and we were married in the US 6 weeks ago (on his 65th birthday).


Edited by Anna Grant, 26 August 2013 - 06:38 AM.

Anna GrantFemaleUnited Kingdom2013-08-26 06:38:00
K-1 Fiance(e) Visa Process & ProceduresDocumentary Proof of Having Met in Person in the Past Two Years and an Ongoing Relationship:

Just seem odd to me, i have all of the documentation that I went there via plane tickets passport entries etc... but pictures seem to be the best proof..... as it was with her and her family..


Yes, photos are proof that you met but you actually need to prove you met in the two years prior to filing. Therefore, boarding cards or passport stamps are the best proof. Photos are classed as secondary proof.

Anna GrantFemaleUnited Kingdom2013-09-14 17:15:00
K-1 Fiance(e) Visa Process & ProceduresI-134 and employer letter income don't match

London approved ours in June on the last 6 weekly pay slips and last year's tax transcript only.  As Nich-Nick says, the tax transcript would probably have been enough.

 

I didn't provide an employer letter at all as my husband owns the business and would be writing his own letter!


Anna GrantFemaleUnited Kingdom2013-11-07 11:13:00
K-1 Fiance(e) Visa Process & ProceduresCan someone please explain this process to me, your own experiences?

Baron555 said:

 

So neither one of you works.....even if a co-sponsor was to vouch for your petition, how will you two live here in the US.....with no one working?

 

This was my thought exactly.

 

This immigration process is not going to be cheap.  Initial filing fee for the I-129F.  Then all the expenses regarding the interview process.  Then $1070 for AOS.  You are not currently working, which does not affect the immigration process but might affect your chances of getting a job in the US.  Many people say they will be happy 'flipping burgers' but change their mind when they see what it pays and the type of unsociable hours they have to work.  Make sure that whoever agrees to be your co-sponsor knows what they are signing up for.

 

An age difference of 10 years is not such an issue when both parties are older.  I am 14 years younger than my husband but I am 50.  If your boyfriend is 18 and you are 28, then that is a more significant issue.  It may be less of an issue if were the other way round and you were 18 and he was 28.  

 

My suggestion is for him to apply himself and get a job ASAP.  This idea of 'hasn't been doing much of anything' is not unusual for someone of his age but not the behavior of someone who wants to be a husband.  Once he has a job and has a regular income, then look at starting the K1 visa process.


Edited by Anna Grant, 11 November 2013 - 11:35 AM.

Anna GrantFemaleUnited Kingdom2013-11-11 11:33:00
K-1 Fiance(e) Visa Process & Procedureswill a prenuptial agreement help get k1 visa approved?

Hi all,

I was wondering since US gov is worried about scam marriages if a prenuptial agreement would help getting my fiancé's visa approved when I apply? I already talked to her about it and she said she is OK with signing one because we plan to be married for life. She trusts me and I trust her.

 

Err.  No.  I believe that the main concern with 'scam marriages' is not that the beneficiary is trying to fleece the petitioner but they are trying to emigrate to the US using marriage.


Anna GrantFemaleUnited Kingdom2013-11-11 12:56:00
K-1 Fiance(e) Visa Process & ProceduresOnce Visa is approved, how long until I can work

Probably about 3 months from getting your NOA1 for your AOS.

 

Ensure that you are able to get a marriage certificate ASAP after the wedding (we took the paperwork directly to the clerks office rather than leaving if for the minister to mail it, so had the certificate within an hour of marrying).

 

You can apply for jobs before getting your EAD.  Some online applications will ask you if you have the right to work in the US, so you won't be able to apply for those.   If you receive a job offer and do not yet have your EAD, you can request that your EAD is expedited based on the job offer.  

 

See how I did this here - my EAD was approved in 7 weeks:

 

http://www.visajourn...on-a-job-offer/


Edited by Anna Grant, 26 November 2013 - 07:33 AM.

Anna GrantFemaleUnited Kingdom2013-11-26 07:32:00
K-1 Fiance(e) Visa Process & ProceduresWhat if I didn't get employer letter for I-134

It also depends on what embassy you will be interviewed at (hint - complete your timeline and details - it helps when people answer questions).

 

For example, London embassy are very lenient when it comes to evidence of income - I did not provide an employer's letter as it is my husband's company.  I proved evidence of income from tax transcripts and pay slips.

 

If you are going through a less lenient embassy, then the burden of proof is higher.


Anna GrantFemaleUnited Kingdom2013-11-26 10:07:00
K-1 Fiance(e) Visa Process & ProceduresDivorce Waiting Period?

  There has been at least one denial ( with no fee refund )   because someone didn't wait out the waiting period.    Roll if dice if you wish but 30 days isn't long to wait to be sure you won't be denied ( and they may not deny it or it may be months later)    The instructions state that you both must be free to marry.  If it only counted at the end why wait for the divorce ? 

 

I agree that it is probably not worth it for the sake of 30 days but the applicants only have to be 'free to marry' when the submit the application.  It doesn't have to be in the state where they live.  There are other states that have no waiting period (and some that have longer periods!  Wisconsin is 6 months!)

 

For instance, we live in Illinois (no waiting period) but married in Wisconsin (6 month waiting period).  When we submitted out I-129F, my husband had only been divorced for 2 months.  But we then married in Wisconsin.  Does that mean we should have not submitted our petition until 6 months had elapsed?  No.

 

Here's the waiting periods for each state:

 

http://marriage.abou...waitdivorce.htm

 

Don't use this page for definitive proof - check further.


Edited by Anna Grant, 29 November 2013 - 10:56 AM.

Anna GrantFemaleUnited Kingdom2013-11-29 10:54:00
K-1 Fiance(e) Visa Process & ProceduresApplying for a k-1 from in the US

Yeah i was thinking I might send my birth certificate over first! Good idea! Did you send a copy? Or the original? Also you don't need a police check or medical at this point? Is that correct?

When you say you travelled to see your fiancee 5 times in 15 months, do you mean after you had applied for the k-1?

 

I sent an original birth certificate but had another one in the UK with a friend in case the first one didn't turn up.  Australia may have different processes than the UK but you don't need the police certificate until your medical which takes place after your case arrives at your embassy.  Some NOA2s seem to be arriving quickly (ours took 9 months last year).  

 

I traveled twice before we applied for the K1, we applied whilst I was on my third trip and I traveled two further times after we had submitted our K1 petition.  Here are the trips we made (really not recommended as you are supposed to spend more time outside of the US than in it!):

 

3 to 17 April 2012

31 May to 6 June 2012

18 July to 15 October 2012 (submitted K1 visa on 20 July 2013)

1 December 2012 to 28 February 2013

1 April to 29 May 2013 (NOA2 18 April - 2 weeks in AP at NVC)

Medical on 30 May 2013

Interview on 18 June 2013

Returned to US on K1 visa on 27 June 2013

Married 12 July 2013

 

I was able to travel so much as I had sold my flat, so had some cash.  I was also made redundant in Nov 2012, so got a payoff and did not have a job (or a flat!).


Anna GrantFemaleUnited Kingdom2013-12-01 16:16:00
K-1 Fiance(e) Visa Process & ProceduresApplying for a k-1 from in the US

Hi,

My boyfriend (US citizen) and I (Australian) have been together for almost three years now and are planning on getting engaged when I visit him for three months in January. I know it's a little unromantic to have to plan when we get engaged haha but I guess it's all about planning in long distance relationships! The reason we have planned it like this is so that I can get one last trip to the US before we apply. Im concerned that I won't be allowed to enter the US once we start the K-1 process so I thought this way we can limit the time apart a little bit. 

 

My question is, what should I take over with me so that I can start the process over there? Birth certificate? Do I need a police check at this point? I want to be organised in advance so that we can apply soon after I arrive there. This is all very, very overwhelming! I feel stressed already! I have been reading so many posts on here, everyone is so helpful and supportive!

Any help/advice would be so appreciated! Thanks so much in advance smile.png

 

We submitted our K1 petition whilst I was in the US last July for an 89 day visit.  It made sense to do that whilst we were together.  However, I was a bit concerned at POE, if I had my bags searched, what they would make of me having my birth certificate and divorce papers o me.  They might think I was entering the US with the intention to marry and then AOS from within the US (not allowed).  Therefore, I mailed the papers to my fiance in advance of my arrival so we had everything in place.

 

I traveled to see my fiance about 5 times in 15 month.  The shortest time was 6 days and the longest was 90 days.  I always took evidence of ties to the UK (which was more tenuous with each trip I took).  The only thing I was ever asked for was my return ticket on my last trip - I was taking a 6 week trip after being back in the UK for only 5 weeks.


Anna GrantFemaleUnited Kingdom2013-12-01 08:18:00
K-1 Fiance(e) Visa Process & ProceduresK1 DS160 form Urgent help.

Hi Anna,

 

Well last night it all exploded with the lawyer, resulting in a massive argument with my fiance and I.    And the reason for this is because we asked should we be filling in addresses from when I was 16 years old. Apparently not, they don't seem to like the fact that we have researched and we have queried and so I am in the line of attack getting a rather venomous email, shifting the blame onto me and my fiance.  My fiance and I are still as I speak arguing regarding it all. I feel miserable.

 

This sounds exactly like our lawyer.  I also had problems because the US lawyer got confused between the different embassies.  I know it is difficult to keep up to date with all the embassies but he knew he was supporting us at the UK embassy.  

 

I wished that I had discovered this site before engaging our lawyer.  We would have save a lot of time, money and pain.  It is not surprising that you and your fiance are arguing about this.  The stress of being apart is bad enough.  Add this on top of that stress, then you are bound to argue.  Although my fiance and I had heated discussions about this (luckily we were physically together at the time), we jointly decided to jettison our lawyer and go on alone.  It was the best decision we ever made.  Things went so much more smoothly after that.


Anna GrantFemaleUnited Kingdom2013-12-06 10:06:00
K-1 Fiance(e) Visa Process & ProceduresK1 DS160 form Urgent help.

I wouldn't mind, but we engaged this lawyer because we were going to marry in the USA.  We were advised under NO circumstances  to do that!  It was like we were criminals plotting a bank raid or something, but all we wanted to do was be together. Is that a crime?

 

  Then we were told the K1 visa was MUCH better than a spouse's visa. Pondering upon it, I really don't know if that was about money now!

 

Following this revelation,  we were  told that I needed to fill out a form,  a DS156, if I remember correctly.  I did just that!   Only  to be asked why did I fill this form? Hmm, let me think because you sent it me perhaps?!?!

 

Then,  at a latter date, I had a query about the police check for our lawyer," Can I use my enhanced CRB from work?"  I was told that my work one would suffice! I read this forum and apparently, my work one will not suffice, I need to have a  special immigrant police check., I thought beyond the box, I have sent for it!

 

 Anyway, to dig the knife in a bit more,  I was  sent an email  last month after my noa2 had arrived and advised  to fill in a DS260,, Upon querying the forms I had a reply saying  it might be a DS260 or 160  that we need.  . I just threw the towel in at that point, admitted defeat and retreated not replying /

 

Today, I have been emailed what seems to be a DS260 questionnaire. I give in!.. Personally  I want to terminate their services right now, but as my fiance quite rightly pointed out the embassy will expect a correspondence from our lawyers as our lawyers are our FPC, but seemingly the first point of incompetency too.

 

Hey ho, so the confusion begins! Lol

 

We began the process with a lawyer but I binned them once our file got to London.  They had given us so much bad and wrong advice and was really condescending to me.  He kept telling me to keep off the internet and researching our situation.  I told him that if I didn't do that, I wouldn't know anything!  Getting rid of him did not cause us any problems at all.  He wanted to charge another $500 for the AOS forms but I did them myself (well - I got my husband's signature on the I-864!).  We didn't get an RFE and I got my EAD/AP in 2 months.  Still waiting for my 2 year Green Card but I think we're in the 'interview waiver' pile.

 

The worst thing our lawyer told us was that as soon as we applied for our K1, I would not be able to travel to the US until I had the K1 visa in my passport.  It was only finding the VJ site that showed us that he was wrong.  You might not get in but you can certainly travel.


Anna GrantFemaleUnited Kingdom2013-12-06 06:35:00
K-1 Fiance(e) Visa Process & Procedurespoe paperwork

Hi all,

My fiance posted the i-129f To the lockbox on Monday ;-).

Has anyone recently traveled to the us from UK after sending in the petition ? Just wondering what evidence you took to prove you will be returning home, I have planned to travel for 11 days on 27th Feb to Houston.

Also is there anything else I should sPrepare now as the beneficery.

Thanks

Paul









 

See guide here also:

 

http://www.visajourn...content/k1visit


Anna GrantFemaleUnited Kingdom2014-01-08 16:12:00
K-1 Fiance(e) Visa Process & ProceduresI-129F Declaration

There are some embassies where you need to 'front load' the K1 petition that you are preparing.  This means that you send most of your evidence with your application as that gets forwarded to the embassy for your interview.  That may be where you are picking up information in other threads that may not be relevant for London.

 

The London embassy is not one of those embassies.  You just need to state how you met and specify the meeting that qualifies you for the K1 i.e. within 2 years of submitting your petition.  Of course, these could be one and the same date i.e. your relationship is less than 2 years old.  Obviously, you need to include evidence that you have met in the last 2 years e.g. boarding cards, passport stamps.  Photos are secondary evidence. 

 

Personally, we included a timeline of our relationship with the petition but this was because we were being guided by our terrible lawyer.  However, we did still compete the box on the form stating the date when we met physically in the last 2 years.


Anna GrantFemaleUnited Kingdom2014-01-28 11:16:00
K-1 Fiance(e) Visa Process & ProceduresCan girlfriend come here then file?

Oh.  And BTW, as you live in Georgia, you will both need to state in your letters of intention, that you will marry in a state which recognizes same-sex marriages.  Although I'm sure you realize this, as you have been a member for so long, I thought it was still worth mentioning.


Anna GrantFemaleUnited Kingdom2014-03-25 12:26:00
K-1 Fiance(e) Visa Process & ProceduresCan girlfriend come here then file?

I would suggest that she do what I did.

 

Enter the US as a tourist, submit the K1 paperwork whilst she is here (it is a bit easier with you both together), leave the US before the 6 months is up (for me it was 90 days as I am from a VWP country) and then wait the rest of the time out in a rented room in an apartment.  A friend of a friend rented me a room for a few months.  This was at the time when K1s were taking 9 months to approve.  It should be shorter for you.

 

On entry to the US, your girlfriend must not lie about anything.  Just answer the questions she is asked but don't lie.  It is not just 'bad to lie' - it could seriously affect your future life together.  Read the pinned 'Yes you can visit thread' at the top of the K1 sub-forum for more info of travelling and look at this guide - http://www.visajourn...content/k1visit  See if she has any documentation to show that she needs to go back to Canada.

 

Yeah it sucks being apart but, having been in the US for 9 months now, I can tell you that the memories of the challenging times of being apart fade after a time.  Then real life of living with your husband or wife kicks in!  


Edited by Anna Grant, 25 March 2014 - 12:20 PM.

Anna GrantFemaleUnited Kingdom2014-03-25 12:16:00
K-1 Fiance(e) Visa Process & ProceduresSent I-129F to Belfast, only process in London

As much as I hate the expression, "it is what it is". It will happen when it happens and not a minute sooner. There's nothing you can do to quicken the process so try to accept the wait and attempt to make it as good as it can be. You dont wanna look back in 6 months time and think "that was the most miserable period". For the sake of keeping your sanity, exercise a little self care and less defeatist attitude. Lol just speaking from my experience. My advice may be dusting of past experience and offering it for more than it's worth so feel free to take it or leave it lol but before I squeeze in any more nauseating, compensatory cliche...if life gives you lemons...

 

+ 1

 

We applied for our K1 in July 2012 and we didn't get our NOA2 until April 2013.  It went a bit quicker after that and we got married on 12 July 2013.

 

So we have been married for just over a year and the separation that we endured is now just a vague memory.  When you can be together on the other side of the pond and wake up together every day, then the pain you went through is so much worth it.  Of course, then everyday issues like trying to get a job and trying to get people in stores to understand you begin!  And understanding different US accents.  Only today,  I couldn't work out if someone was telling me to go to office A or 8!

 

My advice is to investigate everything to do with the process post-NOA2.  And AOS too, if you are a K1.  You don;t want to be one of the people who post 'I have my NOA2, what next?'  Or 'We've got married.  What next?'


Anna GrantFemaleUnited Kingdom2014-08-25 16:53:00
K-1 Fiance(e) Visa Process & ProceduresPetitioner did not respond to NOID Letter for K1

Huh?  The girl forced him to propose to her?

 

And then, presumably, forced him to submit the I-129F including an 'intent to marry' letter.


Anna GrantFemaleUnited Kingdom2014-08-31 17:03:00
K-1 Fiance(e) Visa Process & ProceduresObtaining UK ACRO - Police Certificate process

You did it exactly as London prefers. good.gif
Get your forms in immediately.
Gather your interview documents and have the medical.
Send the DS-2001 to let them know you are ready to interview because you have all documents in hand.


 

Nich-Nick - just a quick question.

 

I am about to send all my completed forms to London but I will not be having the medical until 29 May when I return to the UK.  I have all the documents in hand for the interview.

 

Should I be sending the completed forms now and the DS-2001 when I've had the medical?  Or can I send all of the forms now including the DS-2001?  If the latter, should I say in my covering letter that I have scheduled my medical for 29 May?  I realize that London will not schedule an interview for me until they have the results of the medical.


Anna GrantFemaleUnited Kingdom2013-05-14 10:26:00
K-1 Fiance(e) Visa Process & ProceduresCan i stay with my BF in the US while waiting for the K-1

You can come visit and stay as long as CBP allows you but at some point you'll need to return home so that you can collect your visa.

 

 

 

And have the medical and interview!

 

I submitted our K1 petition whilst in the US at the beginning of a 3 month stay.  I then spent the next 9 months going back and forth from the UK to the US.  When you eventually have your K1 visa in your passport, you will have to enter the US using that visa and then marry your fiancé within 90 days.

 

Obviously, there is a lot more to it than that but that is a quick response.


Anna GrantFemaleUnited Kingdom2014-09-04 13:37:00
K-1 Fiance(e) Visa Process & ProceduresStarting process to bring my boyfriend to the US

I think if/when the officer at his next interview realises you got pregnant while he was married to this other woman who also happened to be a US citizen, they may believe your boyfriend to be going through different women to try getting into the US, especially since the pregnancy happened so soon after the first visa rejection. It makes it look like the first wife was an object who lost its use once the visa was rejected, so he dropped her and found another to try again with.

 

The timelines suggest that the OP was already pregnant when he went for the interview.  If the consulate do the math, they will realize that he was trying to get a visa through marriage even though he had already got another US citizen pregnant.  Who he is now trying to get a visa through!

 

I would say it looks unlikely that he will get a visa - even if you get married.  It looks like he is trying to get to the US and get a Green Card through marriage to a US citizen.  This may not be the case with your relationship but it is certainly the way it will be viewed by the interviewing officer - even if it were not at such a stringent country like DR.

 

You face an uphill struggle.


Anna GrantFemaleUnited Kingdom2014-09-04 17:56:00
K-1 Fiance(e) Visa Process & ProceduresVisiting fiancé on ESTA while we wait for K-1?

Banjomonkey, we are in a similar situation. It is simply not cost effective to buy airline tickets from the USA to here when it can be done the other way around. My latest ESTA expired a month ago and I will need to apply for a new one to visit the US in October/December. Yesterday we sent an online query to the US Embassy in London via their website, posing the same question you did. The gist of the query was: 

Can I apply for a new ESTA while the K1 is being processed?

Will this have any impact on the K1 application? 

What proof of ties are recommended, if required?  (I will be taking these regardless, but it's always good to hear it directly from the source).  

 

They responded to a previous query submitted in this manner within a few days, so as soon as they respond, I will share the information with you.  

 

We applied for the K1 in July 2012.  I needed a new ESTA in October 2012 as I had to renew my passport.  The ESTA was approved instantly as before.

 

Take plenty of ties to show you need to return to the UK (well, it may be the UK for the next week :-)).

 

I visited the US about 6 times in just over 15 months - the shortest time for 6 days - the longest time for 90 days.  I only ever needed to show my return ticket once - I never had to show anything else.


Anna GrantFemaleUnited Kingdom2014-09-13 19:38:00
K-1 Fiance(e) Visa Process & ProceduresNever Met My Fiance
This is brilliant news. I am so pleased for you. Congratulations!
Anna GrantFemaleUnited Kingdom2014-06-27 06:34:00
K-1 Fiance(e) Visa Process & ProceduresNever Met My Fiance

I admit... I DID know my husband as a child... but he moved to America when I was 13 and I never heard from him again until I was 34. So in essence we were strangers. However we were engaged and in love before I flew to America to see him for the "first" time. Prior to flying out, I was ostracized by my co-workers, bullied and was referred to being "insane" on numerous occasions just because we had not met in person. I went home many times from work in tears. But I never doubted our love which is why, I guess, that particular post insulted me deeply. We have been in a relationship 3 years now, and recently celebrated our 1st wedding anniversary. Nothing insane with that.

 

Not dissimilar to our story.

 

We met in 1991 but it was not the right time in either of our lives to start a relationship with each other.

 

We re-met via Facebook late in 2011.  He asked me to marry him just six days later and I flew out to spend 2 weeks with him around six months later.  He got down on one knee with a ring in the Chicago O'Hare airport parking lot on that visit.  My best friend tried to persuade me not to go - she said 'How well do you really know this man?'.  Many of my work colleagues thought I was 'insane' to take this 'risk'.

 

We have had plenty of challenges in the last two years - some to do with immigration and some to do with the strangeness of conducting a relationship across 4000 miles.  And we now have further challenges as my now husband battles bladder cancer.  But I have never, ever regretted saying 'yes' to his proposal.  He is 65 and I am 51 - and I can't believe how happy we are in  our relationship.  It goes from strength to strength.

 

You may not be physically together but communication technology nowadays mean that you can almost feel like you are physically together.

 

To the OP - or just now to her fiance who is still in this thread.  I wish you the very best in your live together.  I am sure that you will make this work somehow and you will be together whatever it takes.


Anna GrantFemaleUnited Kingdom2014-03-19 17:11:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

Thanks, that was very helpful!  Did you take your birth certificate with you and everything else you had to send in? Do you remember if you brought anything else to the states in preparation? Thats one thing I am worried about that he will need while he is here

 

In the UK, we take the birth certificate, etc with us to the interview.  It is only completed forms we send to the embassy.  So I didn't take any of that with me to the US.  

 

However, I did apply for the K1 visa from within the US.  As I didn't want to be caught with my birth certificate, divorce papers in my luggage (they may consider that I was going to attempt to AOS from within the US), I actually mailed it all to my fiancé.


Anna GrantFemaleUnited Kingdom2014-08-17 15:27:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

Hi everyone, I have a few questions...

 

We are in the process of waiting for our noa2, and we just got an RFE after 7 months of waiting. My fiancé who is from new zealand visited from march-june under the visa waiver. it has been 2 months since he has left and we are talking about him possibly coming back here while everything else finishes for the k-1 and then we both go back to nz for his medical and interview.

 

The questions are, 1) has anyone traveled to the states under a visa waiver, twice, in a short period of time? 2) And will they care if we do the rest of the forms and the remainder of the process while he is in the states and we go back to nz shortly before the medical and interview?

 

thanks to anyone who can help! 

 

I travelled to the US with only short gaps between visits - 89 days in the US, 6 weeks back in the UK, 90 days in the US, 6 weeks in UK, 8 weeks in US.  Not really recommended as you are supposed to spend more time OUT of the US than IN the US.  I took plenty of proof of ties to the UK each time I flew - on my last trip in April 2013, those ties were getting quite tenuous.  The only time I was ever asked for anything was on that last trip - I was asked for evidence of my return ticket which, naturally, I had with me.

 

I got my NOA2 whilst in the US on that trip and completed all the forms in the US and sent them to the US Embassy in London via FedEx (this was back in May 2013 - I think the process is different now).  I flew back to the UK and had my medical the same day - not really recommended as my blood pressure was high.  My interview was then 3 weeks later (my fiancé was also with me at the interview).


Anna GrantFemaleUnited Kingdom2014-08-17 15:00:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

First Post  :joy:
 
I know a lot of people ask about this and to be honest I wasn't sure myself. Yesterday, Sunday, after another weekend missing my fiance, I emailed my immigration lawyer to ask what the deal was with visiting after application. If there was any possibility I could visit for a week or two. Within 2 minutes he emailed me back saying point blank, "Scrap the idea, you will be denied entry"
 
I'm not saying others havn't been lucky enough to experience something different but this is mine and thought I should share.

 






Almost all lawyers will tell you this. They are covering themselves. They are wrong. A lot of us travel successfully whilst going through the K1 process. You can be denied entry but the vast majority enter the US successfully.

Anna GrantFemaleUnited Kingdom2014-04-07 16:11:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

 

I was going to say...this makes me nervous to hear. Chicago customs is quite far away from where visitors can "hover" so I don't know how they could simply pull me in if need be. My fiance is going to have a letter from me to them if they need to contact me...but we are saving everything we can for the paperwork. Neither of us has the money it would take to buy an immediate return ticket for him to go home to the UK if he was denied entry (unless British Airways just charged the $275 fee). But it's Jake's first time even on a plane! I know this forum is always filled with worriers...but I am quite losing sleep about it! :'(

 

 

Please don't worry so much.  I flew through Chicago O'Hare 5 times before I flew for the last time to get married,  Two of those times were after we had submitted our K1 petition.  I only had to show my return ticket on my last trip.  The other 4 times, they asked for nothing although I had a large pack of stuff which showed I had to go back to the UK (although that pack was quote slim by my last trip!)  Read this page and prepare for the trip - http://www.visajourn...content/k1visit.  He needs to show the person at CBP that he has to go back to the UK.  Most people who are denied are unprepared and have no evidence that shows they have to go back.  Some people even try to enter the US on a one way ticket!  That is not allowed under the VWP (it is allowed if you have a B2 visa but might appear suspicious).

 

My understanding is that if you are denied entry to the US, it is your airline's responsibility to return you to the UK.  They will use the return portion of your ticket to do this - that is, you will be put on the next available flight which has a spare seat.  

 

Nobody needs to give you a slap.  Your worries are natural and I went through them myself.  It is only experience which has shown me that my worries were unnecessary.


Edited by Anna Grant, 09 February 2014 - 06:07 AM.

Anna GrantFemaleUnited Kingdom2014-02-09 06:02:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

My fiance wants to come visit for a month while his visa is in process. However if he got denied entry at POE would that screw up our case? He's never been denied entry yet but we've had close calls.

 

If he got denied entry, it would have no impact on his K1 visa process or any further down the line for example AOS, ROC or citizenship.


Anna GrantFemaleUnited Kingdom2014-02-09 05:57:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

Well, we're brave souls I guess...Just got my fiancé a one way ticket to come up to Canada and then we're driving down-with my two dogs!- he's coming for Valentines and then we leave first of March, should be interesting. If one more person says "oh you'll be fine" I will scream! As a side-note, I got medical coverage through my auto insurance broker and it's just under a hundred a month, and is refundable, just in case.

 

Good luck.  Let us know how it goes.  Just bring a folder with you that shows all your ties to Canada - demonstrate why you need to go back and that you will not attempt to AOS within the US.  Answer all questions asked of you by the CBP officer truthfully but do not volunteer any information.  Number one is 'never, ever lie to a CBP officer'.  It is likely to come back to bite you on the a$%e when it comes to K1 visa time.

 

Whether you will be fine is going to be up to the CBP officer on the day.  No one can really tell you that it will be fine or it won't be fine.  Just be prepared.


Anna GrantFemaleUnited Kingdom2014-01-28 12:38:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

Do these lawyers actually know what they are talking about ???

Paul

 

No they don't.

 

There is no problem with trying to visit the US whilst you are going through the K1 process.  Even if you are denied entry to the US, it will not affect your K1 visa process or anything else down the line - e.g. AOS or Naturalization.

 

My lawyer told me not to visit but he was taking the line of least resistance.  Had I listened to him, my husband (as now) and I would have spent 9 months apart (I do know there are many here who spend time apart because they are not part of the VWP and can't get visitor visas).

 

Had I found this site earlier, we would not have engaged a lawyer at all.  We could have done everything he did ourselves and he caused so much stress in our process by giving us wrong information.

 

I traveled to the US 5 times and 3 of those times were after submitting our K1 petition.  This is why this thread was set up and pinned - because you can visit whilst going through the K1 process.


Anna GrantFemaleUnited Kingdom2014-01-24 12:19:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

Hi all,

OK I'm due to fly to Texas (Houston,Corpus) in February 27th for 11 days to celebrate my birthday, I've just come back from a Christmas visit for 10 days on the 5th January.

I'm just making sure early that i have enough proof of ties with me just incase:

1. Return ticket - Can this be a print out from online confirmation
2. Copy of Noa1
3. Letter from employer stating my intended date to return to work.
4. Employer extended contract letter showing i have work until Jan 2015
5. Latest bank statement showing funds in bank account


What else would be good ?? as i now live with parents again while the petition is process so i can save money so no proof of rent/mortgage

Thank you

Paul
















 

For my return ticket, I just printed out my onine confirmation.  Don;t forget to print out a copy of your ESTA.  Although it says you don;t need it printed, I have seen people on here be asked for it.

 

Do you own a car? Car insurance?  Phone contract?

 

Having said that, your list would seem fine. 


Anna GrantFemaleUnited Kingdom2014-01-13 16:39:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

If you fly from a country using the VWP, you have to have a return ticket.  If you travel from Canada, then tend to be a bit more lenient because, of course, you can come into the US by land.

 

We are 'old fogies' also - not young 'whipper-snappers'.  But I still put together a folder of all my ties to the UK, just in case I had to demonstrate I had to go back.  Of course, as the visa process goes on, your ties get weaker and weaker as you are trying to finish up your life in your home country.  On my last trip, I had no house, no job, no car.  The only thing I was asked to show was my return ticket.  That was mainly because I was returning to the US after only being gone for 6 weeks (after a 3 month trip).


Anna GrantFemaleUnited Kingdom2014-01-10 17:15:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

Couldn't add to my previous post:

 

This person was allowed into the US but was given an I-94 for only 2 weeks:

 

http://www.visajourn...hat-to-do-next/

 

Someone who was denied (although they were married):

 

http://www.visajourn...19#entry6615950

 

Denied due to lack of ties:

 

http://www.visajourn...-2#entry6442407

 

 


Edited by Anna Grant, 10 January 2014 - 02:35 PM.

Anna GrantFemaleUnited Kingdom2014-01-10 14:34:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

My sweetie and I have been discussing me going to the US while my visa is in process. We hope to drive from B.C. out to Saskatchewan to drop stuff off at my kid's places (downsizing begins!), as well as for fiance to meet my sons and grandchildren and then carry on to Iowa. I'm concerned about crossing the border 500 miles from home, and us being together at the time. I would dearly love to take some things down in advance but I realise that's a good way to get turned back. He'll be coming to visit me on a one way ticket before we go and we wonder if that may be a problem as well. We'll be driving my truck. I plan on being in US for about 2 months to put in a garden and generally get things sorted in my (hopefully) new home, and then he will probably come back with me to go to interview and drive back after approval (yes we're optimistic types). We are both self employed. Oh, and I'll be taking my dogs too- last time I left them I vowed never again.  Does this sound like a recipe for disaster? Has anyone actually been turned away at a land crossing?

 

Err...'recipe for disaster' IMHO.

 

The dogs will be a major red flag to the CBP officer.  That will strongly suggest that you are not going back to Canada and will attempt to AOS from within the US.  Filling up your car with lots of personal belongings is another red flag.

 

What evidence can you bring with you to show that you need to go back to Canada - check here for what you need to think about:

 

http://www.visajourn...content/k1visit


Anna GrantFemaleUnited Kingdom2014-01-10 14:16:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

What type of Visa is recommended for a German while in the process of filing for a K1 visa to come visit for a couple of months? 

 

If it's for less than 90 days and you have no criminal record, then apply for the ESTA (Electronic System for Travel Authorization):

 

https://esta.cbp.dhs.gov/esta/

 

It is not a visa - Germany is part of the Visa Waiver Program which means that you can travel to the US without a visa as long as you have the ESTA.

 

The ESTA does not guarantee you entry to the US - that is determined by the CBP officers at your POE.  Also, although it says that you don't need to print off your ESTA, I would suggest that you do and bring it with you.  And make sure you have a return ticket.  The ESTA 'help' is here - https://esta.cbp.dhs...Help_1.htm#vwp2

 

At this stage, do not apply for a B2 visa.  If you do and you are denied that visa, you cannot then go back and apply for an ESTA!


Edited by Anna Grant, 26 November 2013 - 07:06 AM.

Anna GrantFemaleUnited Kingdom2013-11-26 07:01:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

Alright, thanks!! 
So if they ask for the nature of my trip I should just respond: Visiting my fiancée?
And I won't have to / shouldn't mention the K1 unless they explicitly mention it / require evidence / binding ties?

 

No.  First question will be 'What is the nature of your trip to the US?'  The answer to that is 'Vacation' and the only 2 answers should be 'business' or 'pleasure'.

 

The second question is likely to be 'Where will you be staying?'  Then you can say 'With my fiancee'.


Anna GrantFemaleUnited Kingdom2013-11-16 09:25:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

I'm gonna visit my girlfriend in December for 2 whole months. We are currently in the K-1 process (NOA1) and as many other I am afraid I might be denied entry. 
What if I simply say "I'm visiting friends"? I was an exchange student in 2010 and this is also how I met my girlfriend. And if I say that I am not lying since I'm not only gonna visit her but also other people (including my host family) from back then. If they ask me where I stay I'm obviously gonna say that I have a girlfriend and that we have applied for a K1 visa.
Do you guys think this is a safe thing to do? I mean I'm not lying just not giving them more information then necessary...

 

Edit: I visited her before this year in August for 3 weeks and said exactly that without any problem (we haven't filed for the k1 back then though). However since this is the second time this year and this time for much longer I'm afraid they will cause trouble. 

 

If you are asked by the CBP officer who you are visiting, you are going to have to say fiancee (she is no longer your girlfriend if you have submitted your petition for a fiancee visa!).

 

Only answer the questions you are asked but never lie.  Your last visit was before you were officially fiance and fiancee.  

 

Make sure you take evidence of your ties to your home country - check this list here - http://www.visajourn...content/k1visit.

 

Last year, I visited my fiance for 89 days from July to October and then went back for 90 days from 1 December.  I was asked who I was visiting and said 'fiance'.  I had all the proof of my ties but was not asked for it.  The only thing I have ever been asked for was for my trip this April when they asked to see my return ticket.


Edited by Anna Grant, 14 November 2013 - 11:04 AM.

Anna GrantFemaleUnited Kingdom2013-11-14 11:04:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

Don't worry too much.  I entered the US twice without having a job or a proper home to go back to.

 

The most important item is your return ticket.  By all means, take your parent's itinerary as well as that will show that you're getting the same flights going back. 

 

Do you have anything to show that you have to go back?  Car and car insurance?  Phone contract?  Have a look at this list here:

 

http://www.visajourn...content/k1visit

 

Don't lie to immigration about your reasons for coming to the US but don't volunteer extra information.

 

 


Anna GrantFemaleUnited Kingdom2013-11-07 15:20:00
K-1 Fiance(e) Visa Process & ProceduresYes, you can visit!

Hi guys, I just read through the entire thread, thanks for all the stories, it's really encouraging.

But still I've got a few questions,

 

I'll be visiting my boyfriend (fiance) in a month using my B1/B2 visa but we didn't start the process of applying for K1 yet. My question is, can he send all the paperwork and start the whole process while me visiting him? As far as I get I don't need to be in my home coutry until the interview (saying I have all the medicals and other stuff prepared).

Thank you for your help!!!!

 

 

Yes, you can start the process whilst you're in the US.

 

I traveled to the US on July 18 2012 and we submitted our petition on July 20 2012.  I returned to the UK on October 15 2012.  It's actually a lot easier to compile all the paperwork and complete the forms whilst you are physically together.  Just ensure that any paperwork you need for the petition, you take with you on your visit.  You don't need to return to your country until your medical.  I mailed all of my 'package 3' forms directly from the US (whilst on another trip, that is - it took us 9 months to get our NOA2).

 

Enjoy your time in the US!


Anna GrantFemaleUnited Kingdom2013-09-27 08:57:00