Question Regarding Traveling Abroad During K-1 Visa Process

[kwbaille 0]

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.

Forgive my ignorance on the matter, but what is a B1?

[kaukas 2]

B1, I think, is a visitor visa. As a JP, she can enter with VWP (visa waiver program). She doesn't have to worry about obtaining a B1. I'm stalking this thread since I also worry a lot about my fiance being turned away when he tries to enter after K1 application with VWP....

[bigdog 376]

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.

Play it safe until you get your K-1 you go visit.

[Inky 1,110]

Forgive my ignorance on the matter, but what is a B1?

Business Visitor Visas (B-1) - For example, if the purpose for your planned travel is to consult with business associates, travel for a scientific, educational, professional or business convention, or conference on specific dates, settle an estate, or negotiate a contract, then a business visitor visa (B-1) would be the appropriate type of visa for your travel.

Pleasure, Tourism, Medical Treatment - Visitor Visas (B-2) - As examples, if the purpose of your planned travel is recreational in nature, including tourism, vacation (holiday), amusement, visits with friends or relatives, rest, medical treatment, activities of a fraternal, social, or service nature, and participation by amateurs, who will receive no remuneration, in musical, sports and similar events or contests, then a visitor visa (B-2) would be the appropriate type of visa for your travel.

http://travel.state.gov/visa/temp/types/types_1262.html

[Brit Abroad 166]

I visited my husband three times while our K1 (fiancee visa) was underway. Two weeks, Three weeks, Four weeks respectively. Never had so much as an eyebrow raised by CBP. I carried a copy of my NOA and explained that I was there to visit while waiting out the approval of the visa. Unlike most, I didn't have a job and I owned no property, so couldn't carry any proof of intent to return to my home country but I travel light with a tiny case and a purse, so it was pretty obvious I wasn't moving my life over to America.

The one thing the CBP officer said was "Do not, under any circumstances, get married and attempt to stay while you are here".

Many countries are difficult to visit from while a K1 is in process, but these are generally high fraud risk countries, not the developed ones who are part of the VWP.

OP, if your fiancee wants to visit and has evidence of ties to Japan, have her come and visit. It certainly won't harm your case any, and provides great evidence for her interview.

[Casprd 167]

Business Visitor Visas (B-1) - For example, if the purpose for your planned travel is to consult with business associates, travel for a scientific, educational, professional or business convention, or conference on specific dates, settle an estate, or negotiate a contract, then a business visitor visa (B-1) would be the appropriate type of visa for your travel.

Pleasure, Tourism, Medical Treatment - Visitor Visas (B-2) - As examples, if the purpose of your planned travel is recreational in nature, including tourism, vacation (holiday), amusement, visits with friends or relatives, rest, medical treatment, activities of a fraternal, social, or service nature, and participation by amateurs, who will receive no remuneration, in musical, sports and similar events or contests, then a visitor visa (B-2) would be the appropriate type of visa for your travel.

http://travel.state.gov/visa/temp/types/types_1262.html

thanks. I should have put B-2. the visa bingo confuses me.

[Gosia & Tito 199]

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.

Perfectly ok and legal to come over, however, the inspector at the port of entry might have a bad hair day and deny entry. We did not want to risk that, so we met in a third country, twice actually, as vacation. Several people here have reported no problems and everything going well, I don't recall anyone reporting being denied but maybe because there is really no remedy after the fact and it would be seen as whining by some, or a "i told you so". There is always the possibility of meeting in Canada and drive into the US I guess, so in case of denial, not much of a problem.

And of course nothing stops you to take a vacation in Japan.

[kaleigha 3]

I am the USC and my fiance is here now visiting me from Italy. He has been here a couple of months and leaves in a few days. He had no problems at all entering the country, no one asked to see any proof either. He just said he was coming to visit me and was staying until mid august and they let him through. He did bring a copy of our NOA1 and a copy of our whole 129f package, but didn't have to show them. I was nervous about them turning him away, but we had no trouble. Just be honest when answering their questions and bring some proof that you will return back to your home country.

[kzielu 1,149]

Play it safe until you get your K-1 you go visit.

Safe about what ? Only risk is being turned away and in effect loosing money for the tickets (and not seeing fiance(e) of course). Other than that, there is absolutely nothing unsafe about it - as multiple people tried to point that in this thread.

[lilly1986 5]

i am the beneficary. i am going to see my fiance in the US on august, 28th. we just got RFE and that scares me that they will let me not enter but other VJ members told me that they most likely dont even know about the petition. so i hope i will be fine, like most ppl are! GOOD LUCK!

[Sirdaniel42 86]

I traveled 2 times to the US after we Filed our I-129F and had no problems what so ever

On both times I had a copy of our I-129F package, employers statement, bank statements, copy of our NOA-1and a return ticket.

We worried for nothing because I was never asked about our I-129F, if so answer truthfully to all their questions and you should be just fine

Tickets and photos during these visits were again proof of our relationship.

[Casprd 167]

i am the beneficary. i am going to see my fiance in the US on august, 28th. we just got RFE and that scares me that they will let me not enter but other VJ members told me that they most likely dont even know about the petition. so i hope i will be fine, like most ppl are! GOOD LUCK!

That is counter to a lot of information out there. The CBP is part of the US Immigration Service. I wouldn't count on them not knowing about your petition.

[lilly1986 5]

That is counter to a lot of information out there. The CBP is part of the US Immigration Service. I wouldn't count on them not knowing about your petition.

I dont know, i was just told that here on VJ. But i guess noone knows for sure! do u think having the RFE will cause problems? but when i booked the tickets i didnt know that we will get RFE so that shouldnt matter...? i guess...? :-)