Can my fiancee stay for a few months while we wait on our K1?

[Darth Mang 3]

Hello, because I'm still getting used to using this forum, I'm not sure what of my information is available to be seen. I am a US citizen by birth and my fiancée is a Mexican citizen. We are awaiting our NOA 2 for the K1 currently. I want to bring her here for a couple months while we wait, she has her Tourist Visa. I've read this is legal but it's difficult to prove she intends to return when she tries to enter. Is the fact that we will continue to process our K1 at the local consulate in Mexico good evidence she intends to return. Typically do they believe you if you have a letter from work showing they expect you to return? What are some of the better pieces of evidence? She's never been denied entry before. More importantly, if she id denied entry because they don't believe she intends to return to Mexico, does that reflect poorly for future attempts to enter?

[Ash.1101 1,756]

The fact she'll have an interview isn't good enough evidence, as people come in while waiting for interviews, then just go ahead and marry and AOS.


She'll need to show things like bill, house rental agreement, that she has a job she intends to return too.

I've seen people VISIT while waiting on K-1, but not very many manage to stay for months.

[Ben&Zian 4,398]

Like above, she can definately visit; but she has to be able to show, like anyone visiting the US, ties to go home. Having a dual-intent immigrant/non immigrant visa pending shows intent to want to stay. She needs to be able to counter this with other things. 

[geowrian 22,337]

She can try, but as you read, it may be tough to prove a compelling reason to return home. Many people have no issues, and many others are turned away. Only 1 way to find out. Bring as much evidence to return as possible.

 

No, a denial at POE due to not having sufficient ties to return home does not hurt your K-1 application. It can make future non-immigrant attempts more difficult, but K-1 supports immigrant intent, so it will be fine.

[f f 725]

my fiance had no issues coming to visit while the k1 was pending. she visited a few weeks prior to submitting the k1 which may have help show her intention to return.

 

if your fiance is coming to visit close to the interview might as well get the medical done here.

 

good luck

[NigeriaorBust 4,087]

3 hours ago, f f said:

my fiance had no issues coming to visit while the k1 was pending. she visited a few weeks prior to submitting the k1 which may have help show her intention to return.

 

if your fiance is coming to visit close to the interview might as well get the medical done here.

 

good luck

  Medical has to be done by a place approved by the interviewing consulate/embassy

[Darth Mang 3]

5 hours ago, Ash.1101 said:

She'll need to show things like bill, house rental agreement, that she has a job she intends to return too.

I've seen people VISIT while waiting on K-1, but not very many manage to stay for months.

What if we only made it for a month or so, do you suppose that would help? I don't believe the house would be in her name. Is a return ticket plus showing she has jobs to return to probably enough? Anyone have experience with this?

[Darth Mang 3]

Thanks all for the responses so far! We talked about the decision to enter and another fear was we've heard it's horrible if you fly in and get denied at a POE. However if she enters on land, she just turns around and leaves, right? Seems like that would make a denial much simpler and cheaper if it DOES happen.

[KierenHby 899]

Her intent should come thru during questioning at POE. If she genuinely has things to return home to Mexico to.. like a job, lease, family, return ticket, etc, she should be able to convince CBP her trip is for a short, precise duration. 

[Maritah 101]

My advice. Just don't do it and have patcience to wait. With all the changes that happen suddenly is not worth  take the risk.

 

Best regards.

 

M. 

 

 

[Auds 223]

Give it a shot - if she has a job etc. i just visited and i do have a business etc etc back home.

[ricnally 258]

9 hours ago, Darth Mang said:

Thanks all for the responses so far! We talked about the decision to enter and another fear was we've heard it's horrible if you fly in and get denied at a POE. However if she enters on land, she just turns around and leaves, right? Seems like that would make a denial much simpler and cheaper if it DOES happen.

I agree with this. She'd just have to turn around and go home. No harm done.

[nightingalejules 678]

I used to carry letters from my employer(s) stating the date I was scheduled to work when I got home. Also, while getting turned back on a flight is worse than at a land crossing, a paid return ticket helps. I know it's different bc I'm from Canada, but that's my 2 cents. I also believe a shorter trip is probably better than a long one.

[audacieux89 256]

18 hours ago, Darth Mang said:

Hello, because I'm still getting used to using this forum, I'm not sure what of my information is available to be seen. I am a US citizen by birth and my fiancée is a Mexican citizen. We are awaiting our NOA 2 for the K1 currently. I want to bring her here for a couple months while we wait, she has her Tourist Visa. I've read this is legal but it's difficult to prove she intends to return when she tries to enter. Is the fact that we will continue to process our K1 at the local consulate in Mexico good evidence she intends to return. Typically do they believe you if you have a letter from work showing they expect you to return? What are some of the better pieces of evidence? She's never been denied entry before. More importantly, if she id denied entry because they don't believe she intends to return to Mexico, does that reflect poorly for future attempts to enter?

I'm going to do this as well next month. I'm farther (Singapore) so I am really taking a risk! I already have my NOA 2 approval and my case is on the way to the consulate in my country.

I have a return ticket and duration of my vacation leave as proof that I am going back to my home country. I can't think of anything else to show. My visit will also be a short one though, just 2 weeks.

My previous trips to the U.S. have been okay so far but this is the first time I will be visiting after we filed the K1 Visa application.

 

Hopefully everything goes well!

[JohnE 57]

You will not have a problem.  We are currently going through removal of conditions.   Here is our story.  I met my wife while she was working in Atlanta on her TN visa.  She also had a tourist visa.  We started dating and a year later the company she worked for (with the TN visa) closed.  She moved back to Mexico City and at that time we were just starting the K1 visa process.  Our K1 took almost a year.  During that year she flew to Atlanta at least 4 times as I flew to Mexico City at least 3 times.  On each of her flights she of course had a round trip ticket and had proof of her return ticket when she went through passport control in Atlanta.  Not once was she sent to secondary at passport control.  Just to play it safe she always traveled with a complete copy of our then pending K1 paperwork.  Do a search on Visa Journey about coming to the US with a tourist visa while the K1 is pending and you will find tons of stories just like mine.  

 

  Best wishes and may God bless.  Let me know if you have any questions about the process.