Pending I-129f and Travel to US

[Chloe and Josh 2]

Hello all and thanks in advance. I proposed to my fiancee at the beginning of her 90 day VW. We have had the NOA1 and are waiting for the 2nd. She is leaving to go back home in May. We were thinking about her coming back in June but then I got to reading some post on here about denials at the border. This would be her 3rd visit within a year and her 4th within a year and a month. She would certainly have a return flight about a month later and then wouldn't come back until she recived the K-1. Any thoughts on if this will be an issue? Thanks so much,

Josh.

Edited April 26, 2012 by Joshua Preston

[didopage 337]

It can be ok, but it's always at the officer's discretion. I would say leaving in May and coming back in June is not a good idea as it raises some suspicions... plus as you said, it will be her 3rd trip within a year.

If she takes the risk, be sure that she has a lot of proofs showing that she doesn't intend to immigrate illegally on this trip, and have a copy of the NOA1 showing that you started the fiance visa process. And be always prepared that she can be denied at the border.

I personaly came to visit my fiance during our K-1 process, at about the middle of it, and only for 2 weeks (I had only a cabin luggage, no check-in, and a lot of proofs, just in case).

[lucy884 3]

Hi Josh

I visited my boyfriend in the US, now fiance, 4 times within the last 8 months on the visa waiver. I didn't have any problems at border control until the last time, a few weeks ago. I was taken for secondary inspection where they asked a lot of questions, went through my luggage etc. I felt I was close to being deported and I was so scared, but they seemed to go easier on me when I could show them the email confirmation on my phone of my flight back to the UK booked in June. I was then allowed in.

As the previous poster said, it is a risk, but if your fiancee has enough proof that she does not intend to stay (like a return flight booked, proof that she has a job in her country (if she has one) and proof that you've started the K1 process, then surely border control would need to have a good reason to deny her entry. Their main job is to be suspicious of people trying to live/work in the US illegally, but if she can prove that's not the case, then what can they say? Besides, surely the flight tickets of her trip would be proof of your ongoing relationship that will be needed at her interview?

I may be wrong and I'm sure someone else with more experience can give a better idea, but that's what I think based on my own experience.

Lucy

[KLS2010 30]

I travelled to the US on the VWP 5 times in the space of about 2yrs.... and I made 3 entries to the US within one calender year.

Late March - beginning of May '09

Early June - end of July '09

Late Jan - Mid April '10

Late May - end July '10

Late Nov '10 - Late Feb '11

So....I had two trips where the time between trips was only about 4-5weeks. And over the course of these trips I went from visiting a friend, to my boyfriend, to my fiance, to my husband (all the one person I mean lol....just referring to the progression of our relationship). I was never questioned beyond normal entry questions ( ie reason for visit, where will you be staying, how long, how many times have you visited before, etc). Never been asked to show proof of ties to Australia, return trip ticket...nothing.

Of course....every case is different and all entries are subject to CBP discretion. If your fiancee hasn't had any previous overstay and/or other issues related to a US visa....then she should be ok. Of course I'm not a CBP officer....this is just my opinion based on my personal experience. Proof of ties can't hurt in case she is asked. Lease agreement, car loan, letter from employer stating when she needs to be back at work, etc.

Good luck!! And congrats on your engagement!

[Narikta 7]

I took a trip for 3 weeks to the US while we were waiting for the NOA2 and I had no problems at all. It should be fine. Just make sure there is a return flight organised rather than leaving it open ended.

K

[Chloe and Josh 2]

First of all, thanks so much to everyone for your help.

Update:

We went ahead and took the risk and booked the flights. We spent copious amounts of time making sure we had paperwork that tied her to her home country. Once she went through immigration they didn't even mention that this was her 4th trip in just over a year, they simply smiled and stamped that passport. All is well. Thanks again, everyone.