Pros and cons of filing for K-1 before/during visit to the US

[renatesol 13]

My significant other and I had originally planned on filing the I129-F while I'm visiting him this fall. I've booked tickets and taken a leave of absence from work to go see him for 88 days (on VWP) starting mid August. Now we're considering filing "early" because I might have my paperwork in order as early as this week.

I'm hoping that if we do file now, I'll have the NOA1 in time for my departure, so I can add that to my list of evidence that I'm going to return to my home country after the 88 days are up. The petition will more than likely be processed at TSC, so NOA2 by then doesn't seem likely.

Are there any significant pros to waiting a month, month and a half so that I'm there when we file, besides the logistics? I know I can visit him with the K1 pending, but am I likely to be subject to more scrutiny at PoE if I say I'm visiting my fiance versus visiting my boyfriend?

Thanks for any insight and advice you guys can offer.

[Harpa Timsah 13,258]

I think if you are planning to file the I-129F then you are already fiances. No difference in visiting before or after filing.

[Harley2 8]

I am currently visiting my fiancée, we have our NAO1. On entry I had no problems at all. I told the Immigration Officer I was visiting my fiancé, she asked if he lived here, and who was going to move where. I told we had a petition in for a K1, and I would move if it was approved. She replied of course it will l be, why wouldn't it? Then stamped my passport. I say send your petition in now, you might have a long wait via TSC.

[renatesol 13]

Thanks for the input, Harpa and Harley2. As I'm sure the wait at TSC will be long enough as it is, I think we just may go ahead and file asap. Hopefully that way about half of the wait will be over before I have to go back home again.

I am currently visiting my fiancée, we have our NAO1. On entry I had no problems at all. I told the Immigration Officer I was visiting my fiancé, she asked if he lived here, and who was going to move where. I told we had a petition in for a K1, and I would move if it was approved. She replied of course it will l be, why wouldn't it? Then stamped my passport. I say send your petition in now, you might have a long wait via TSC.

DId you also bring a copy of the I-129F, or only the NOA1? Could I also ask which PoE you went through? I like to be prepared.

[Darnell 8,478]

I say file the I-129F anytime within 2 years of the last meeting. Don't count calendar dates for future activities - only count what transpired prior.

[BFP XX 62]

My fiance visited me both prior to, and post I-129 submission.

There are pros and cons to both routes.

Pros of filing pre-visit:

• It will show that you are taking the correct immigration steps, i.e. you have filled out the paperwork, and PAID the application fee. It will help your case, should the Customs officer give you trouble, to show that you've got the paperwork and payment already submitted. It will make you seem much less likely to try to circumvent the system and overstay your VWP (which is what they are concerned about.)
• The quicker you file, the quicker it'll come back. Plain and simple.

Cons of filing pre-visit:

• Not a whole lot, to be honest. Your name will come up in the system as having a pending visa request, but that wouldn't invalidate your VWP, or give them any reason to deny you.

You're going to be subject to questioning regardless of the route you take. Just be honest with your intentions, and you should be good. They are looking to catch you in a lie, so above all else, just be truthful.

Good luck!