Opinions on Frequest Visiting during K1?

[Churches91 3]

Hey everyone, wanted to get some opinions from y'all.

Me (the usc) and my fiance have been together since June 2013, our trips since then have been like this:

-September 4 2013 - September 16 2013 (14 days)

-October 13 2013 - January 8th 2014 (87 days)

We filed for our K1 visa before her second trip and they sent our NOA 1 on October the 15th 2013, we're still waiting for the NOA2.

We want to visit again as soon as possible because we miss each other a lot (of course), when do you think we can do this without being turned away at customs. She had to go to the second room during her second visit to be further questioned, they called me and I answered questions honestly (our application for the K1 wasn't showing up in their system yet, so things seemed tense over the phone).

Thanks for any input!

We're wanting to have her fly back on the 13th of February (just a little over a month after being home). Does our having the K1 in process help us, especially since she has shown she will return home by doing so twice on time?

-She is unemployed and not a student, lives with her parents.

-I have yet to visit her, I'm a full time student and can't get the time to do so.

[nightingalejules 678]

It's hard to say. I hear that they prefer it if you're home for at least as long as you were in the US before trying to come back, but it seems to be a little hard to predict. Because she doesn't have a job, or school, or a lease, it's hard to prove ties to home (and a pressing reason for her to return at the end of her visit) so she might be denied. Which shouldn't affect the K-1 but would affect your pocketbooks if she's already bought a ticket.

I've been in and out of the US a couple of times since applying for our CR-1 visa (we're already married) and haven't had any troubles; we have a history of going for short visits to his parents or just on holidays (our honeymoon was in Arizona) and I've never been denied or overstayed what I told them or anything, so I'm sure that helps a bit.

But you can never be sure. Just try to have as much evidence as possible that she plans to return, and that you're trying to do everything "properly" and hope for the best.

It may be, eventually, that you will have to find the time to visit her, if they won't let her come to you.

[Nich-Nick 3,354]

My personal opinion-- think it would be risky just because of the long visit. She spent 101 days in the US out of a 126 day period. 80% of that time period. AND she was already questioned in secondary. AND she has no responsibilities to return to.

Another visit so soon is not about leaving before or having a visa intent, but using VWP for more than it's intended. It looks like she is trying to "live" in the US more than her home country. If she has money to burn, and doesn't mind the 9.5 hour flight only to get on the next plane home, then try it. It is totally up to the CBP officer and what he thinks.

Maybe save some money for the immigration costs and your new life is a good plan. Unless of course you already earn enough for the Affidavit of Support and a have a place to live. Then saving isn't a factor.

Costs

K1 London route = $1680 + £280

$340 (USCIS) I-129F petition

£45 (ACPO) Police certificate just before petition approval

£235 (Knightsbridge Doctors) medical exam. Pay at exam.

$240 (Embassy) Visa fee prior to interview. Online pay.

$30 Courier fee if home delivery, $0 to pick up at a depot. Online.

$1070 (USCIS) Adjustment of Status/Work Authorization/Advance Parole