Question Regarding Traveling Abroad During K-1 Visa Process

[kwbaille 0]

Hello. I was wondering if it is O.K. for my fiance to travel from Japan to the US to visit me while the K-1 visa is being processed? If this is ok what kind of proof would I need to give to show that we do not have the intention to marry before the official approval?

Thank you very much for your responses.

[Inky 1,110]

Hello. I was wondering if it is O.K. for my fiance to travel from Japan to the US to visit me while the K-1 visa is being processed? If this is ok what kind of proof would I need to give to show that we do not have the intention to marry before the official approval?

Thank you very much for your responses.

Its fine to travel during the K-1 process, it can be a little harder to do though. Your fiance needs to bring the NOA1 or NOA2 from the K-1 petition and ties to her home country like rental agreement/letter from her job expecting her back at a certain date/return tickets etc.

[Tim/Mav 305]

Hello. I was wondering if it is O.K. for my fiance to travel from Japan to the US to visit me while the K-1 visa is being processed? If this is ok what kind of proof would I need to give to show that we do not have the intention to marry before the official approval?

Thank you very much for your responses.

This maynot be a Wise Choice. Your ealier post says you have not Filed yet but this post indicates "While the K-1 is being processed." Plain and simple: Your 129-F will indicate a Intent to Marry and come back and bite you hard. The Official Approval started with USCIS when you Filed your petition.

If you want to cause a problem for yourself this is a good way to start. You made a Contract with USCIS and finding Loopholes such as this will be caught. The Key Word is INTENT.

[Harpa Timsah 13,258]

Check out this thread called "Yes, You Can Visit!" http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

To the above post: the OP is just thinking ahead.... thinking about once they file they can still visit like before... not doing something malicious. Relax.

Edited August 10, 2011 by Harpa Timsah

[kwbaille 0]

This maynot be a Wise Choice. Your ealier post says you have not Filed yet but this post indicates "While the K-1 is being processed." Plain and simple: Your 129-F will indicate a Intent to Marry and come back and bite you hard. The Official Approval started with USCIS when you Filed your petition.

If you want to cause a problem for yourself this is a good way to start. You made a Contract with USCIS and finding Loopholes such as this will be caught. The Key Word is INTENT.

Tim,

Thank you again for your help. I have not begun the K-1 Visa process yet, but my fiance asked if she could come see me down the road while the K-1 visa is being processed. We will opt to stay in each others home country while this is being processed. Thank you.

Edited August 10, 2011 by kwbaille

[JustJanis 2]

Hello. I was wondering if it is O.K. for my fiance to travel from Japan to the US to visit me while the K-1 visa is being processed? If this is ok what kind of proof would I need to give to show that we do not have the intention to marry before the official approval?

Thank you very much for your responses.

Entry into the US is entirely up to the officer at the POE. In my case I was able to come to the US from Canada and back several times as well as from Canada to Japan and US to Japan and back to the US all while awaiting our K1 visa application acceptance. I personally just had to answer a few questions (it seemed that Homeland Security had already started to do security checks and the officer knew I was going through the process - perhaps it came up on the computer system) but it is recommended that you bring proof of a return ticket, all your K1 application process paperwork showing that you are going through the legal channels and for some they say bringing proof of ties to your home country like rent receipt, hydro bill, proof of employment - I didn't have these because I quit my job and moved to my mom's and am in the US until a week before my interview in Vancouver but I was not asked for them. Be honest, answer questions but don't offer too much information or babble. Good luck to her and enjoy your visit.

[kaukas 2]

I'll eventually be in the same boat once we start my I129F down the road. I (the future petitioner) will be traveling to see my fiance once we get the ball rolling. I know many beneficiaries traveled to the States while processing K1, but I don't want to chance it either. The flights to Japan aren't too expensive. Rent a "monthly mansion" and you'll be good to go. More privacy for you two and cheaper than the regular hotels.

[kwbaille 0]

I'll eventually be in the same boat once we start my I129F down the road. I (the future petitioner) will be traveling to see my fiance once we get the ball rolling. I know many beneficiaries traveled to the States while processing K1, but I don't want to chance it either. The flights to Japan aren't too expensive. Rent a "monthly mansion" and you'll be good to go. More privacy for you two and cheaper than the regular hotels.

I guess we'll see. Tim scared the living daylights out of me making me feel like I would be doing something terrible.

[Harpa Timsah 13,258]

I guess we'll see. Tim scared the living daylights out of me making me feel like I would be doing something terrible.

Kwbaille, Tim was mistaken. He has a history of thinking everything is fraud and scaring people. Visiting is totally fine. Did you read the thread I linked? Full of happy stories of people visiting while everything was processing? Or read ALL of the other posts describing how visiting was okay?

[kwbaille 0]

Kwbaille, Tim was mistaken. He has a history of thinking everything is fraud and scaring people. Visiting is totally fine. Did you read the thread I linked? Full of happy stories of people visiting while everything was processing? Or read ALL of the other posts describing how visiting was okay?

Yes it did give me some sunlight on the issue. It would be fantastic if she could visit me as I always love seeing her, and let's be honest waiting sucks.

[kaukas 2]

I agree with the others recommending your FIANCEE not to travel. You are the USC and the petitioner, right? If that's the case, there shouldn't be any travel restriction for the petitioner. It might be risky for the JP fiancee to travel to the States while K1 is processing, but USC traveling to Japan shouldn't be a problem. I don't know if the embassy in Japan allows you to be with her during the interview, but if they do, obviously the petitioner can travel. I'll visit my fiance and will sit together during the interview (mine is not from Japan). And if anyone disagrees with my understanding, please let me know. Now i'm a little worried.

[edilene1 0]

My Fiancee and I went on vacation in Europe, instead of trying to have her come to the USA for a visit, and had a great time, She is in Brazil and I in New York, we went somewhere neither of us had been. Portugal, Spain, and Rome. I agree with the other post that says coming to the USA may not be a good idea. I would think they (immigration) may feel your Fiancee may never leave. (I know I would have kept mine here). But if you meet somewhere else, it is more like a vacation and the departure at the end would not be a painful !!

mike

[Harpa Timsah 13,258]

It is NOT risky for the beneficiary to travel to the US while the visa is processing. The foreign national should bring proof of ties to home to satisfy any question there might be, but people visit the US ALL THE TIME. Please do not scare the OP with misinformation and rumor. OP - Please ignore any advice to the contrary.

[Operator 1,927]

I guess we'll see. Tim scared the living daylights out of me making me feel like I would be doing something terrible.

kwbaille my Fiancee is from a high fraud country and she has visited me 3 times in the US since we filed and hasn't had a problem. There is always a risk of being turned around by CBP whether you have applied for a K-1 visa or not. If she has all her paperwork in order and is honest with CBP that risk is reduced. If she has traveled to the US in the past and returned home without incident it's reduced even more.

[Casprd 167]

Traveling to the US while the petition is pending is not "Risky". What is risky is traveling to the US and lying to the CBP officer about the reason for your visit or travelling on a tourist visa prior to the petition and lying about your intentions to marry and stay. If you do as Inky says, bring NOA1 and NOA2 (if you have NOA2) and ties to her home country then it is up to the CBP officer if he allows her entrence or not. In no case ever ever ever try to hide the fact that you have a petition or the reason for your visit and you will be fine. The worst that will happen is the CBP says no and she has to go home but as long as there is no false evidence given it has zero impact on the USCIS or Consulate decision. Some people are just fear mongering for God knows what reason.

Since you haven't filed the petition, assuming she has a B1 you can have her visit before you file, then she can spend some time with you while waiting and when her stay is up return home. The simple fact that she returned home to finish waiting out the process. Nothing wrong with or even questionable with doing this. You could even get married and file for a CR-1 and do the same thing and save some of the expense and time that the K-1 takes.

***Please read the statement twice before trying to flame me for telling them to abuse the tourist visa and you will see that is clearly not what I am telling them.