Traveling on B2 immediately following submission of I-129F

[WandM 0]

I posted this elsewhere and got no response, so lets see if anyone has some ideas..

Ok, I think I have the answer to this one but figured I would ask anyhow (my fiance is a bit concerned). We are submitting our I-129F on July 2nd (as his divorce will be finalized) and the plan is that he will be traveling July 4th to the US on his B-2 Visa which expires on July 10th, 2012. He is planning on staying for the full six months or as long as allowed by boarder agents on the arrival date. He is concerned that this travel may "look bad" when the K1 is looked at, my thought is, as long as he doesn't lie if asked at the boarder there is nothing wrong with him coming to visit and return on/before his set date on his I-94. We are hoping this puts us very close to his Packet 3 in Sydney and possibly him coming straight back.

Just curious as to what others think. Thanks for any advice or information you can offer..

[Noah Lot 391]

I posted this elsewhere and got no response, so lets see if anyone has some ideas..

Ok, I think I have the answer to this one but figured I would ask anyhow (my fiance is a bit concerned). We are submitting our I-129F on July 2nd (as his divorce will be finalized) and the plan is that he will be traveling July 4th to the US on his B-2 Visa which expires on July 10th, 2012. He is planning on staying for the full six months or as long as allowed by boarder agents on the arrival date. He is concerned that this travel may "look bad" when the K1 is looked at, my thought is, as long as he doesn't lie if asked at the boarder there is nothing wrong with him coming to visit and return on/before his set date on his I-94. We are hoping this puts us very close to his Packet 3 in Sydney and possibly him coming straight back.

Just curious as to what others think. Thanks for any advice or information you can offer..

expect him to be 'asked to go home'..because the border officials will wonder what sort of job he has that so graciously awards a 6 month vacation...??? and the answer??? ('Oh, my boss said to have some fun....')...sorry, not in the real world. No one on this planet is given six months PAID vacation....no one.

[SweetieUs 4]

that is very very risky! i travelled on a B1/B2 Visa after NOA2, but just for 3 weeks. Border official asked what type of job i had in my country. 6 months is a lot!!!

[WandM 0]

My fiance is self employed and has traveled to USA many times in past with this career. His brother runs his business while away and he has had no issues with coming into the country. He has came in twice on his B2 to visit and both times given 6 months stay duration without any issue or concern. My question really wasn't "if" they will let him in, more the issue of will the border agent note that the petition has been filed or not? The bigger question is, will it cause problems at his interview regarding him coming to visit me during process. I don't see any issue with him traveling here while awaiting K1 process as long as he is doing it legally and not overstaying. Thank you for your thoughts thus far.

I am thinking to be safe, I will wait till the 3rd to submit and will await his arrival on the 4th. The forms will not be accepted until after he arrives and I will not have to change the initial petition as he is not in the states when I apply. Again, not concerned about the law as we are following it as stated, just border agent..

Edited June 19, 2012 by WandM

[Sonita 1]

My fiance is self employed and has traveled to USA many times in past with this career. His brother runs his business while away and he has had no issues with coming into the country. He has came in twice on his B2 to visit and both times given 6 months stay duration without any issue or concern. My question really wasn't "if" they will let him in, more the issue of will the border agent note that the petition has been filed or not? The bigger question is, will it cause problems at his interview regarding him coming to visit me during process. I don't see any issue with him traveling here while awaiting K1 process as long as he is doing it legally and not overstaying. Thank you for your thoughts thus far.

I am thinking to be safe, I will wait till the 3rd to submit and will await his arrival on the 4th. The forms will not be accepted until after he arrives and I will not have to change the initial petition as he is not in the states when I apply. Again, not concerned about the law as we are following it as stated, just border agent..

There shouldn't be a problem if he has visited many times already. I visited 2 times after our petition was submitted, the last time I had already given up my job and moved out of my flat so didn't have strong ties but I wasn't even asked for any evidence and was let through, I even changed my ticket and stayed a week longer than I told the border agent. The visits will not cause any problems at the interview , you are allowed to visit while processing the K1.

[Xanax 349]

There is a stickied thread above "Yes you can visit" (or something like that), read through that!

[WandM 0]

Thank you, I did read through and actually posted this originally there with no response. I really wasn't too concerned myself, but my fiance is nervous when coming through border patrol (which is understandable as the two times I visited Australia I was nervous)..

[Xanax 349]

Thank you, I did read through and actually posted this originally there with no response. I really wasn't too concerned myself, but my fiance is nervous when coming through border patrol (which is understandable as the two times I visited Australia I was nervous)..

I think you should be fine, I came after I had my NOA1 and was not asked any questions at all, not even how long I was staying!

[KLS2010 30]

Alot of it has to do with the country of the beneficiary and their previous history (overstays etc).

Ignore those who say he will be sent home. Yes, all entry to the US, even with a valid visa, is at the discretion of the CPB officers. However, the chances of someone from Australia with no previous issues with their visa/overstays etc, will more commonly than not, have no problems whatsoever.

I visited the US 5 times in the space of about 2yrs on the VWP, with 3 of those trips being for close to the 90-days allowed. The two other trips were of 6 weeks each, with only about 5weeks spent back in Australia between them. I was never asked anything more than the standard questions (ie where are you staying, how long, purpose of visit, etc). I sure as hell was never asked what kind of job I had that would allow me so much time off.

As long as he tells the truth to the CBP he should have no problems.

And no, it wont cause any issues at the interview. We filed our I-130 a week after I entered the US on a 88-day visit, and they never batted an eyelid. Plenty of people visit during the process and it is perfectly fine (as long as they are entering legally of course). If you send the petition a day or two before he arrives, I highly doubt it will be logged in the system and be visible to CBP at that stage anyway.

Edited June 20, 2012 by KLS2010