Visiting the US while K-1 Visa is being processed

[herold n shirley 0]

Hi fellow journiers! Happy November!

I sent my 129F packet back in July and received the first NOA shortly after. My question is: can my fiance come to the US to visit me while the 129F package is being processed?

[payxibka 10,045]

This question is asked everyday and is why it is in the FAQ section

4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

This may actually be the most common question in the newsgroup, asked on a near daily basis.

A..I wrote to the Embassy in London and I was given this reply: "If you wish to make a temporary visit to the US while your application for a Fiance(e) visa is being processed, you will require a visitor's visa (B-1/B-2) or, if you meet the conditions, travel visa-free. However, all travelers to the US are subject to inspection at the port of entry by an immigration officer who has the right to deny admissions. As the beneficiary of an approved Fiance(e) visa (petition) you may have difficulty convincing the officer that you are not an intending immigrant."

A.. If the fiance(e)..."Has a residence in a foreign country which the alien does not intend to abandon", and if the fiance(e) is "An alien coming to meet the alien's fiance(e)'s family (to become engaged; to make arrangements for a wedding; or to renew a relationship with the prospective spouse)", then they can enter the US on a B2 visa. (Quotes from the USCIS (INS) Inspectors Field Manual). This does not specifically address an alien with a "K1 visa application pending". Proving an intention to return home might mean showing...

* Current enrollment in school

* Employment in the home country

* Strong family ties to the home country

This question does not have a good answer. Many people visit the US during the Process, but some newsgroupers have reported that once the initial background check is done by the Consulate, subsequent visits to the US required an additional FBI check done by the Consulate, which resulted in a delay in the visa application process.

[KimandRuss 0]

This is addressed in the FAQ's and just about every day here on VJ.

Yes, your fiance can visit the US but much depends on whether or not he/she can show ties to his/her home Country and how often he/she has spent here previously.

If they are coming from a VWP Country then by January they will need to register with ESTA (Electronic System for Travel Authorization) This is intended to track those travelling to the US and being sure people aren't taking advantage of it.

If your fiance needs to apply for a visitor's visa and if he/she is honest with the CO and tells them he/she has a US fiance and K1 in process then it's unlikely they will receive a visa because they already have intent to immigrate. At higher fraud Consualtes it's hardly worth the effort and expense.

In any case, even with a valid visa to the U.S. it is still up to the officer at the POE to let your fiance in or not. Always be honest but do not offer more than is asked...always bring plenty of ties to the home Country (letter from employer, bank records, mortgage/rent agreement..etc).

If you do a search here on VJ you will find thousands of posts regarding this topic.

good luck