File now or wait?

[NealandCari 0]

I have my petition just about ready to go, but I am worried about one little thing. My fiance is visiting in about a month, and my aunt, who used to work for an immigration lawyer, said to wait to file so he is not denied entry. I want to file sooner rather than later, so we can be together long-term sooner (I miss him so!), but should I wait to file a week or so before he comes so he's not likely to show up in the computer at customs? Or can I just file now and hope for the best?

[Catica 1]

You are not denied entry just because you have a K-1 pending. It may increase the risk to be denied but just have your fiancee be prepared if you do send it off with plenty of ties to his home country, he will need this either way as he can be denied just easy without a pending k-1 if he doesnt have sufficient proof of ties.

Edited January 21, 2007 by Catica

[patiently_waiting 0]

He won't be denied entry just because there is a pending petition. However, he must prove that he still has ties back home to show that he will not remain here in the states. That is what they look for on entry. The ties to their country to ensure a return.

[rebeccajo 14]

I'd wait.

Or pay the penalty to have his flight moved up........

[rosyanne 0]

It probably won't effect anything if you file but if you want to be a safe side and you are not in a hurry... wait...

[yassmine2878 1]

Having a pending petition should not cause an immediate denial. Make sure he has enough proof of ties in his home country and intent to return. Proof of current income (paystubs), residence (bills from home) and a roundtrip ticket should be fine. Just enough to show them he still lives in another country and intends to return there.

How soon it will be until you can be together long-term is dependent on a number of factors. The largest of which are which service center you are filing to and the consulate you're going through. Check out the regional forums and timelines to get the best idea of how long you may be parted from each other. Good luck for a speedy approval and happy reunion

[NealandCari 0]

So how long should we wait to file? Should I send it in a week before he gets here? Or can I send it in a bit sooner sooner?

[Catica 1]

If your going to send it in before he gets here, it doesnt really matter when you do it.

[NealandCari 0]

But if I send it just before he comes, they won't have necessarily received it/entered it into the computer yet.

[NealandCari 0]

Sorry to be annoyiong and bump this, but does anyone have a suggestion of when I should send it in to be safe?