Can my Fiancee Visit?

[HajimeOwari 0]

Hey all,

I will be submitting our I-129F soon. My question is, can my fiancee visit from Japan in November while all this processing is going on?

[lostinblue 1,989]

You can try to obtain one however many people are denied a visitor's visa if a k-1 has been filed.

[HajimeOwari 0]

Since she is not required to get a Visa when entering the US from Japan, does anything think there will be any issues in her just jumping on a plane? I suppose she need a good reason to visit? Maybe planning a wedding or something?

[katej0203 1]

I have been to America two times since we first started to application.... and never once did I have problems, or did the petition even show up on their system. (well, they never asked about it, so I assume so). I was coming for 90 day visits each time, but told them I was visiting "friends and family" for only 3 weeks... (I also had backup plans to tell them I was changing my ticket, if they asked to see it, with proof of my reasons to change it).

It shouldnt be any problem at all... the best thing is not to mention fiance, wedding, boyfriend, or anything like that, but just to say that she is on holiday to see her family/friends.

I am assuming Japan is a country on the waiver program?

[Carlawarla 1]

Since she is not required to get a Visa when entering the US from Japan, does anything think there will be any issues in her just jumping on a plane? I suppose she need a good reason to visit? Maybe planning a wedding or something?

She has to show evidence of ties to Japan while she is entering the US. Have her plan to bring copies of fiancial ties ie. mortgage, letter from employer, rent/lease agreement, utility or car payments...something to show that she's not intending immigration to the US. She must be honest at the border, and not lie to officials but DON'T have her say she's coming to the US to plan a wedding! This will involve either her being put directly on a plane back to Japan, or at the very least a long time in Secondary Inspection. Please don't have her say this, it will just arouse their suspicions that she's coming to stay.

[Nich-Nick 3,354]

I will be submitting our I-129F soon. My question is, can my fiancee visit from Japan in November while all this processing is going on?

YES

Here's a copy of a post I made several months ago on this subject after I called the Customs and Border Protection to query them.

I was thinking about this thread from this morning and other similar ones over the last few months since I became part of VJ. And since my fiance has a visit from the UK coming up soon, I decided to call the Customs and Border Protection (CBP) who are the agents at the airport that approve your visit. I got a very nice and chatty man on the phone who spoke in an "off the record" manner many times.

I told him I have a fiance' in the UK and have filed a K1 petition, etc, etc. I told him that immigration attorneys (didn't want to get into the who VJ forum explanation) have advised that once you have filed for K1/K3 then you can not come to the US until you have that Visa in hand.

He said, that's silly. If he wanted to come in illegally you wouldn't have bothered to file all that paperwork and pay those fees. There's no rule that says you can't come visit the US once you have applied for a non-immigrant visa.

I said my fiance' will come on the K1 in October, but he is coming to visit me in July. "Is there something on those computers at the airport immigration desk that will pop-up saying that he has filed for a non-immigrant visa." He said, "NO." The computer has databases of criminal activities, previous over-stays, terrorist links, FBI stuff, etc.

He said their only concern with people entering the US on VWP is that the intent of the person is to visit friends or be a tourist and go home when they say they are. Some of his "off the record" talk was about creepy looking people who look like they don't have enough money to buy a cup of coffee when they land and when questioned about "what do you do for a living?" can't tell them of any employment or full time student status. The officer has to get a sense that the person is a genuine tourist. He said if somebody enters the US, goes to another country for a week, then enters again, they may be questioned more strenuously. Then Officer inspecting you will want evidence that you intend to go back home to your country of citizenship to live as opposed to returning again and again to the U.S. after visits to other countries.

And his final comments were about "creepy" immigration officers at the airport which get to make the ultimate decision and there have been some accused of being rude and unfair, but those are few and far between. There is, however, no guarantee ever that you will be admitted.

So VJers you will have to analyze your own status when you enter the US, but applying for a K visa is not something that keeps you out according to the guy at the Border Patrol. If you look pretty normal, have a job or student id, have some money or credit cards on you and comfortably answer their questions; then you are probably fine. If you have overstayed, have committed serious crimes, been a drug trafficker, act mentally ill, or leave a couple of days and come back over and over again; then you might get scrutinized. It is a subjective interview with the CBP officer.

My fiance and many others have visited while K1 process was ongoing. As mentioned above she should say she's on vacation to see friends. If she has a student id or work id, that would be great to have. My fiance has never been asked for id other than the passport.

[KimandRuss 0]

While technically she should be able to visit, it has everything to do with the POE officer. No matter if she has a valid visa, flew across the world..etc.. ultimately, it's that officer's decision.

As suggested above, bring ties to Japan. Mention nothing about the K1 unless asked. If asked...ALWAYS tell the truth. I would NOT suggest misrepresenting your stay as suggested above. They make notes of these things and if it's found you were untruthful you are going to have much bigger problems then being allowed withdraw your request to visit.

good luck.

[HajimeOwari 0]

My only concern is her stay may be up to two months, which might look like a suspiciously long time to visit friends and family. I guess her visit really depends on how the K-1 process goes, though. Once I receive all the paperwork, I plan to submit the K-1. That'll be sometime next week. If we're lucky, things will move along fast.

If she does come visit, I'll make sure she brings her Student ID and other things that show ties to Japan. And, yes, getting caught in a lie could definitely jeopardize the entire thing. >_<

Thank you for your replies. It's much appreciated.