How to visit US while K3 pending.....
CaliforniaBride
Hi, this is my first post to this board. My husband and I have been
reading it for a while now and have found some of the advice invaluable.
Time to share our personal experience.
I hope our story helps.
I am British, my husband is US living in LA. My husband and I married on
4th July 2003. I entered the country, with my son aged 7, under the
visa waiver programme. We were not able to file for a change of status
as the marriage had been planned before my arrival. I duly returned to
the UK at the end of my 90 day stay.
Our immigration lawyer has been extremely helpful. He explained the
options available to us. The best course of action, he recommended,
would be for me to return to the UK and he would file I-129F for a K3/K4
visa (following an I-130 application).
The petition was duly filed and is now being processed.
I had expected to have to wait the estimated three month period for my
K3 visa (and K4 for my son) with my husband visiting me occasionally.
BUT, I asked my husband to contact our immigration lawyer and ask him if
it would be possible for me to visit the US while my application was
pending. He checked with INS and several colleagues and gave the good
news that it would be perfectly legal as long as I intended to return to
the UK at the end of my stay. He also advised that if I had any
problems on attempting entry to ask to speak to a supervisor. Very good
advice as it turns out.
My son and I arrived with four suitcases (relevant) at LAX. I filled in
our visa waiver forms. At immigration they asked what was the purpose
of my visit. I replied that it was a holiday. (Hoping at this point
there would be no further questions and I would be let in). No such
luck. Next question was whether I was visiting friends. I replied,
honestly that I was visiting my husband. She asked if he was British, I
said no, American. I could see the alarm bells going off but I
maintained my demeanour. Remembering I was doing nothing wrong or
illegal. She spoke to a colleague, looked up something on the computer
and directed me to an interview room.
On entering the room I was met by the original immigration officer and
two other officers. (Another person was also being interviewed at the
desk next to mine). They pulled up records which I later found were
records of my visits to the US (I have visited at least 5 times this
year for periods of between 10 and 90 days).
I had with me:
Proof of my return to the UK (a print out from my travel agent as I had
been issued an e ticket. Be warned here that when I said I didn't have
a copy of my return ticket the officer insisted I must have and didn't
seem to comprehend the whole e-ticket thing. Luckily I had the
printouts from my travel agent with me). My ticket was changeable but
my return date was 2mnths after my arrival.
A copy of the receipt notice showing my I-129F application had been
received by Immigration with a cover letter from my immigration lawyer
stapled to it.
My marriage certificate.
(I didn't have proof of ownership of my house in the UK. May have been
useful but I didn't actually need it).
The immigration officer seized upon the fact that my I-129F was a
Fiancee application and was dated after my wedding. He then seemed to
be alarmed. His actions led me to believe that he suspected some
forgery of sorts. He stood rubbing his fingers over the seals and paper
of my marriage certificate as though trying to ascertain its
authenticity, while telling me my application was filed incorrectly if
indeed I had been married when it was filed. I tried to explain that my
immigration lawyer had stated that this was now procedure but he seemed
little convinced and I could see no point in pressing the matter.
At this point he he went through to an office and spoke with someone.
Then I was sent in. There were two of the original immigration officers
in there and another officer who introduced himself as the supervisor
and asked me to take a seat. The tone and attitude was completely
different. He explained to me that I
was doing nothing illegal, that I was entitled to visit every week if
wanted, visa application or no visa application. He also pointed out,
seemingly for the benefit of his colleagues that my I-129F application
was perfectly proper even though I was already a spouse at the time I
think he mentioned something about
it being the same form used.
The hardest part came next when he asked me how many times I had visited
the US. Then he verified my visits with me (incidentally he had my
record printed out and sitting in front of him). He asked me whether I
was employed in the UK which I no longer am. I explained that I had
resigned from my job this year, as this had enabled me to visit my
husband (then fiance) so many times.
He also asked whether I planned to stay longer (my return date was just
60 days). I replied that I hadn't considered it. (I hadn't considered
asking for the full 90 days as I didn't want to push my luck!)
At this point one of the officers (whom he had sent to collect my
luggage and from the belt and put onto a trolley) interrupted and asked
me how many suitcases I had. I answered 4, which he already knew as he
had just collected them for me. He asked me if I usually travelled with
four suitcases. I answered, honestly, that I did. He didn't say
anything else.
Then the supervisor advised me that I could enter the US but to be
careful not to do anything to jepoardise my visa application,
specifically not to work. I assured him I wouldn't that my husband
could support me.
He asked what my husband did, I told him.
He reiterated his points about not being tempted to work and wished me
an enjoyable stay.
I was in!! The whole thing took about an hour. My son who was with me
was an angel and waited patiently and silently throughout. I sailed
through and my passport was stamped allowing me 90 days.
My husband and I are now together here and hopefully my visa application
will be approved within the next 90 days. The I-129F having been
received at the Missouri Center on August 25th 2003.
If all goes well then my K3 visa application should have been approved
before my 90 day stay has ended. (Fingers crossed)
If it takes longer then I plan to return to the UK for a short break and
come back to the US for another 90 days. I certainly feel far more
comfortable doing this now that I have had immigration approval.
--
Posted via http://britishexpats.com
KatherineH
Good information sometimes bears repeating!
CaliforniaBride
Originally posted by KatherineH
> I knew this "first post" sounded familiar! At least I'm not
> remembering things I never actually read.
>
> ]http://britishexpats.com/forum/showthread.php?s=&threadid=182594-
> [/url]
Thanks Katherine. I did originally attempt to post my story through the
google group . Thought it hadn't posted as I never found it. Then when
I realised I could do it through here I resurrected an old login (not
used as yet as I recall) and posted away. No deceit intended. I just
feel incredibly lucky to be able to share my experience as I am one of
the few able to be with my USC husband while awaiting my K3. Thought it
might help.
Thanks for the link though, gives me an opportunity to point out that my
original posting had the most awful typos (inexcusable actually) so the
version above is as accurate as I can hope for.
KatherineH
I knew this "first post" sounded familiar! At least I'm not remembering
things I never actually read.
]http://britishexpats.com/forum/showthread.php?s=&threadid=18-
2594[/url]
Gigiola
Thanks Katherine. This was great information .. especially the words
of the supervisor that there was no illegality.
Hypertweeky
Lol Katherine.. you right.. this post sounds familiar to me too.. :)
I suggest you to read this thread..
]http://britishexpats.com/forum/showthread.php?s=&threadid=184391&h-
ighlight=visit+with+k3+pending[/url]
DCMark
Good for you, someone who did things the right way (VWP marriage and
going home).
NSgal
Hi there ...
I had read your post somewhere before too ... and based on that ... I
too made travel arrangements to go to Phoenix from November 1 - 17 to
visit my fiance ..... I will be bringing the following with me to prove
my intent to come back:
1) I have asked my employer to provide me with a letter stating that
I am on vacation and will be expected back in the office on
November 18th.
2) I have just sold my home, so that doesn't help me -- BUT ... if
someone else is reading this .... bring a mortgage document and show
your bank book with your mortgage payment coming out or a mortgage
payment history (your bank officer can provide this)
3) I am also bringing my last month or so of dated pay stubs to
show them.
4) My children are staying with family while I am in Phoenix. I was
wondering if I should bring letters from each of their schools
showing that they are registered or at least a printout of the main
web page from each of their schools showing the name, address,
principal and phone numbers for the immigration to verify their
attendance in school.
5) I will also make sure to have my complete I-129F application and the
additional info I have gotten (new passports for myself and my two
children and our full-length birth certificates -- this proves that
the children cannot travel to follow me as I have their paperwork
which they would have to have in order to travel to the US)
I was wondering if there is anything else I should or could bring with
me to "cover my butt" so-to-speak ???
As stated in the first post .... my fiance also recommended that if
given any trouble by the first BCIS/POE officer .... to make sure to
calmly ask to speak to their supervisor and request full details for my
fiance's lawyer.
I have been told and have read many posts now where those with K1/3
applications pending have been able to successfully visit their American
fiance/husband. The biggest issues/problems I have seen are with those
who have overstayed or those who have tried to lie and say they are
visiting a "friend" when these officers have already pulled up your info
on the screen. DO NOT LIE ... you are doing NOTHING wrong .... be up
front with them and make a point of telling them .... you WANT to be
with your fiance/husband ... but you KNOW the process and you WILL abide
by the rules and not overstay and that you WILL return to your own
country until your K1/3 is officially approved.
NSgal
--
NSgal
Posted via http://britishexpats.com
CaliforniaBride
Originally posted by Hypertweeky
> Lol Katherine.. you right.. this post sounds familiar to me too.. :)
> I suggest you to read this thread..
>
> ]http://britishexpats.com/forum/showthread.php?s=&threadid=184391-
> &highlight=visit+with+k3+pending[/url]
Yes, I posted on that thread yesterday.
It does appear that I have caused alarm with some members of this group.
Let me explain again.
I had been reading the google group and found the advice invaluable.
After my experience I felt that I had something valuable I could put
back into the group. I attempted to post through the google group. I
had to register etc. and then it indicates that the post may take a few
hours to show.
I didn't check back with the google site for a few days and at that
point could not find my post. Having not received any email
confirmation I assumed it had not gone onto the board. As anyone who
uses that board will now it is far more difficult than this to navigate.
Yesterday, while searching for immigration information I visited this
site. On realising that this was the place that was linked to the
google site, and seeing how easy it was, I decided to post here.
On trying to register with this board I found I had already registered
some months ago, (along with a few other expat forums) but never
actually posted or used the board further.
A quick email later, to send me a password as I had no clue as to what
it was, I was able to post.
I then proceeded to post my story and also posted a link to it on a
thread that appeared to be discussing the same topic.
My apologies to anyone who may be feeling deceived. My intention has
been to share my experience and to show that it is possible to be with
your spouse while awaiting your K3. That I think is something everyone
applying for a K3 should know.
It's made an amazing difference to my life and I wanted to share
that information with everyone here. I originally thought I was
going to have to wait it out in England and I was sooo miserable and
unhappy. Not now!
CaliforniaBride
Good for you NSGal, I wish you loads of luck! Please let me know how
you get on. Until I attempted it I had found no information on anyone
who had done this. Partly why I posted my story.
I would say, don't go for overkill. Your ticket with the return date.
Letter from your employer and pay stubs should be sufficent.
I wouldn't bring your children's passports and birth certficates.
Besides the issue of misplacing or losing them, it would seem like
overkill and maybe slightly suspicious. I found the original officers
to be paranoid. Although the supervisor was extremely sensible and far
more informed than the rest.
Remeber you are only in the same position as any other traveller to the
US in the fact that you must prove your intent to return. It's just
that your case is slightly different and needs further investigating.
They are just doing their job.
Above all, stay calm in what seems like a deliberately stressful
situation.
Have a safe journey.
Originally posted by NSgal
> Hi there ...
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NSgal
CaliforniaBride
Just found this story.
It refers to a K1 visa but could be just as valid for K3 too.
http://www.00fun.com/dancingbush.shtml
Ooops! Wrong link hahahaha!
Here's the helpful one!
http://groups.yahoo.com/group/USA-Immigration/message/391
cacti
Originally posted by CaliforniaBride
> If all goes well then my K3 visa application should have been approved
> before my 90 day stay has ended. (Fingers crossed)
>
> If it takes longer then I plan to return to the UK for a short break
> and come back to the US for another 90 days. I certainly feel far
> more comfortable doing this now that I have had immigration approval.
>
Yes, but you will still have to return to the UK to complete K-3
processing, which could take as long as 2-3 months after your I-129F is
approved. I'm sure you already know that!
In any case, it is perfectly legal for you to come and go in the USA as
long as you heed the "advice" of the USCIS officers!
Kocourkov
Nice thread.
My better half and I were considering what she should say when we come
to the US around the holidays. Since we live together in Amsterdam and
both have jobs here, it's not as if we would be moving to the US. (Me
USC/EU dual national, she other.)
We both laughed at the idea of an immigration officer accusing her of
wanting to stay....neither one of us wants to move to North America
anytime soon. (But we do like to see family and friends).
But it's not exactly as if she can to the immigration guy "I'm only here
with my boyfriend, trust me, I don't want to stay any longer than ten
days. Really, I DO NOT want to move here under any circumstances. Heck,
I wouldn't even come here unless it was for his friends and his family."
Har har har.
J. Vlach, Amsterdam
Susie
Originally posted by cacti
> Yes, but you will still have to return to the UK to complete K-3
> processing, which could take as long as 2-3 months after your I-129F
> is approved. I'm sure you already know that!
>
> In any case, it is perfectly legal for you to come and go in the USA
> as long as you heed the "advice" of the USCIS officers!
Yes - that's the the one thing that jumped out at me, CaliforniaBride,
you will definitely have to go back to finish processing for the K-3.
The I-129F only gives you the ok to go ahead and apply for the K-3 at
the consulate in England. They will be sending you the packet with all
the information at your address submitted on the I-129F. I'm not sure
how long it takes at your consulate, but here in Canada, our I-129F was
approved Dec 22 (or so) and I didn't have my K-3 in hand until Feb. 3rd
or 4th (I think)
Best of Luck...
Susie
supernav
If you enter on a VWP, you CANNOT HAVE IMMIGRANT INTENT.
So even if you "plan" on getting married to a USC soon -- could be
enough of a fact for the POE officer to believe you have immigrant
intent and deny you. If you're in such a case, is why you'd need plenty
of proof of ties back home. To "prove" that you intend to go back and
purely have NON-IMMIGRANT intent.
That's why people with gfs/bfs have enough problem as it is visiting the
us. Let alone those who plan on marrying them at a "later" date.
-= nav =-
mdaitc
Originally posted by supernav
> If you enter on a VWP, you CANNOT HAVE IMMIGRANT INTENT./QUOTE]
>
> The thread title is "visit US while K3 pending" which means that the
> person is already married.
>
> As such, they are allowed to visit the US under the VWP whilst the K3
> is pending. I'm currently in the US on the VWP and i've got my NOA2
> for the K3.
>
> The US embassy in London wrote me the following in an email:
> If you intend taking up permanent residence in the United States
> you are
> required to wait until the immigrant/ K-3 visa is issued. You
> cannot reside
> in the United States on a tourist visa or visa free under the
> Visa Waiver
> Program while waiting the issuance of an immigrant/ K-3 visa.
> However, if
> you wish to make a temporary visit at the end of which you will
> return to
> your permanent residence outside the United States, you may
> travel on a
> tourist (B-2) visa, or visa free under the Visa Waiver Program, if
> qualified.
>
> So a visit to the US is fine - up to the limits of the tourist visa or
> VWP limits - you just can't reside longer than this.
Folinskyinla
Originally posted by supernav
>
>
>
> -= nav =-
Hi:
California Bride was fortunate in that a senior POE officer saw her
situation as a "training opportunity." Every so often, when a lawyer
goes up the chain of command to resolve a problem, you will get the
response -- "oh, this is a good training issue."
The "training" in CaliforniaBride's case was on two issues: the first
was on the quite new K-3 visas and the second was that of "dual intent."
The term "non-immigrant intent" is often misunderstood -- it does NOT
mean no intention of immigrating -- all it means is the intent to comply
with the terms of the "non-immigrant" admission. A K-1 visa holder has
every intention of immigrating but they have the requisite "non-
immigrant intent."
The kicker in a VWT or B-2 application for admission is that there is a
requirement of a home abroad with no intention of being abandoned. Over
the years, the government has acquiesed in the notion that limits the
home aroad intention to THIS entry -- hence DUAL intent -- 1. Yes, I
itend to give up my home aborad in the FUTURE, but 2. I intend to keep
it for NOW and return to it.
--
Certified Specialist
Immigration & Nat. Law
Cal. Bar Board of Legal Specialization
Posted via http://britishexpats.com
Peter Andre
> Hi:
>
> California Bride was fortunate in that a senior POE officer saw her
> situation as a "training opportunity." Every so often, when a lawyer
> goes up the chain of command to resolve a problem, you will get the
> response -- "oh, this is a good training issue."
>
> The "training" in CaliforniaBride's case was on two issues: the first
> was on the quite new K-3 visas and the second was that of "dual
> intent."
>
> The term "non-immigrant intent" is often misunderstood -- it does NOT
> mean no intention of immigrating -- all it means is the intent to
> comply with the terms of the "non-immigrant" admission. A K-1 visa
> holder has every intention of immigrating but they have the requisite
>
> The kicker in a VWT or B-2 application for admission is that there is
> a requirement of a home abroad with no intention of being abandoned.
> Over the years, the government has acquiesed in the notion that limits
> the home aroad intention to THIS entry -- hence DUAL intent -- 1.
> Yes, I itend to give up my home aborad in the FUTURE, but 2. I intend
> to keep it for NOW and return to it.
Great thread California Bride, its cleared a lot up in my mind, I once
stayed in usa for 3 months then returned 2 weeks later with a 3 month
return plane ticket, that was really pushing it, I thought, but I was
let in no problem.
Basically it seems as long as you're honest about your intent and don't
break any rules that you will get through fine.
I especially like the part where the officer said you could visit every
week if you liked.
kind regards
P.B
ian-mstm
> Great thread California Bride, its cleared a lot up in my mind, I once
> stayed in usa for 3 months then returned 2 weeks later with a 3 month
> return plane ticket, that was really pushing it, I thought, but I was
> let in no problem.
>
> Basically it seems as long as you're honest about your intent and
> don't break any rules that you will get through fine.
>
> I especially like the part where the officer said you could visit
> every week if you liked.
>
> kind regards
> P.B
That's not always true.
The officer lied!
BTW, you realize, don't you, that you replied to a thread that is almost
2 years old! :) A lot has changed since then!
Ian
CaliforniaBride
> That's not always true.
>
>
>
> The officer lied!
>
> BTW, you realize, don't you, that you replied to a thread that is
> almost 2 years old! :) A lot has changed since then!
>
> Ian
Wow, Ian. I have just linked to this thread for a new poster and found
that it had been resurrected. Since you chose to add to it I have a
couple of questions for you.
1. How did the officer lie?
2. What has changed since then that would be relevant to this thread?