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

[JohnE 57]

20 hours ago, Ben&Zian said:

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. 

You are sadly mistaken about having the K1 pending is an intent to want to stay.  Please do not post incorrect information.  There are tons of posts on Visa Journey about people visiting the US while the K1 is pending with zero issues.  

 

  In Mexico (like I am sure with other countries) when you apply for a tourist visa is when you are showing strong ties to your country.  You are showing things like home ownership, etc.  At that point (at least in Mexico) is when you are granted the tourist visa.  My mother in law has had a tourist visa for over 20 years.  Her current tourist visa expired a number of months ago and she applied for a new one.  She had to (again) show proof of strong ties to Mexico.  At that point she was issued a new tourist visa.  Matter of fact she is flying to Atlanta in May to visit for a month and a half...which she has done in the past.  Yes I have a great mother in law

 Yes at passport control (and maybe secondary if you are selected) they can question you about intent to return, etc.  At that point have a copy of your return ticket receipt, etc.  When my wife flew to Atlanta while our K1 was pending the trip was for less than 2 weeks.  At passport control she was normally granted at least three months when they stamped her Mexican passport.  

 

 

[geowrian 22,337]

2 hours ago, JohnE said:

You are sadly mistaken about having the K1 pending is an intent to want to stay.  Please do not post incorrect information.  There are tons of posts on Visa Journey about people visiting the US while the K1 is pending with zero issues. 

Once the I-129F reaches NVC, the beneficiary has a documented immigrant intent. That doesn't disqualify you from visiting, but it does set a higher bar to prove a compelling reason to return home. There are many who have no issues. There are also many who are denied at POE who never had an issue visiting before.

[LionessDeon 2,060]

3 hours ago, JohnE said:

You are sadly mistaken about having the K1 pending is an intent to want to stay.  Please do not post incorrect information.  There are tons of posts on Visa Journey about people visiting the US while the K1 is pending with zero issues.  

 

 

And there have also been "tons" of posts where K1 pending visitors were sent back home too.  @Ben&Ziancomment was not incorrect information.  It was good advice.  She should bring strong evidence to show intent to return home.  

Telling someone they don't need to be prepared for all possible outcomes is bad advice.

[LionessDeon 2,060]

3 hours ago, JohnE said:

You will not have a problem.  We are currently going through removal of conditions.   Here is our story.  

You cannot guarantee this and should not make sweeping statements like this.  Just because it was your experience does not mean it is the case at all times.  Many have been turned back home and not allowed in to visit.  Surely you can share your experience, but cannot definitely guarantee the OP will experience the same as you.

 

 

Edited March 1, 2017 by LionessDeon

[JohnE 57]

7 hours ago, LionessDeon said:

You cannot guarantee this and should not make sweeping statements like this.  Just because it was your experience does not mean it is the case at all times.  Many have been turned back home and not allowed in to visit.  Surely you can share your experience, but cannot definitely guarantee the OP will experience the same as you.

 

 

 

7 hours ago, LionessDeon said:

And there have also been "tons" of posts where K1 pending visitors were sent back home too.  @Ben&Ziancomment was not incorrect information.  It was good advice.  She should bring strong evidence to show intent to return home.  

Telling someone they don't need to be prepared for all possible outcomes is bad advice.

I am the first one to say when I am wrong and thanks for your comments. Let me clear up some of my comments.

 

You are correct I cannot guarantee this person or anyone else will be granted access to the United States.  The law states very clearly the only people that are guaranteed entry to the US are US citizens.  Passport control cannot deny any US citizen access back into the US.  My wife is a LPR and has been in the US for many years and has traveled out of the US (not just to Mexico) numerous times and has never been guaranteed entry back into the US...however (in her case) has never been denied.  I can think of one occasion where we were directed to secondary but that only took an additional 20 minutes.

 

  Look at what happened just a few short weeks ago where visa holders AND green card holders were turned away at passport control.  No I cannot guarantee any person will be admitted to the US.   

 

  I never stated not to bring any strong evidence.  If you read my entire post I stated when my wife traveled to the US while the K1 was pending I clearly stated she even carried a complete copy of the K1 paperwork.  

 

 In light of this are we going to cancel our trip to Mexico City this May because my wife (and mother in law) might not be granted access to the US???  Not at all.  Do I know they can be denied at passport control at the Atlanta airport?, duh of course I do and everyone on this planet should know that.  That is the chance anyone that is not a US citizen takes when they travel to the US.  

 

Please do not flame me for my comments.

 

Thanks and may God bless each and everyone of you

John

 

[geowrian 22,337]

2 hours ago, JohnE said:

I am the first one to say when I am wrong and thanks for your comments. Let me clear up some of my comments.

 

You are correct I cannot guarantee this person or anyone else will be granted access to the United States.  The law states very clearly the only people that are guaranteed entry to the US are US citizens.  Passport control cannot deny any US citizen access back into the US.  My wife is a LPR and has been in the US for many years and has traveled out of the US (not just to Mexico) numerous times and has never been guaranteed entry back into the US...however (in her case) has never been denied.  I can think of one occasion where we were directed to secondary but that only took an additional 20 minutes.

 

  Look at what happened just a few short weeks ago where visa holders AND green card holders were turned away at passport control.  No I cannot guarantee any person will be admitted to the US.   

 

  I never stated not to bring any strong evidence.  If you read my entire post I stated when my wife traveled to the US while the K1 was pending I clearly stated she even carried a complete copy of the K1 paperwork.  

 

 In light of this are we going to cancel our trip to Mexico City this May because my wife (and mother in law) might not be granted access to the US???  Not at all.  Do I know they can be denied at passport control at the Atlanta airport?, duh of course I do and everyone on this planet should know that.  That is the chance anyone that is not a US citizen takes when they travel to the US. 

I think you missed a critical point of the discussion here. There is an extremely significant difference between an LPR re-entering the US versus trying to enter as a non-immigrant (especially one with documented immigrant intent). Neither one is guaranteed, sure, but that's about where the comparison stops. An LPR generally only has to show that they are not a security risk. A tourist must show that they have a compelling reason to return home because, by law, the assumption is that anybody entering the US intends to immigrate. They have to overcome that assumption. An LPR (or even anybody on an immigrant visa) does not.

 

I think the issue is you said "You will not have a problem". That's misleading at best. It wasn't "you probably won't have a problem", or even "you won't have a problem if you can prove ties to return home". Stating declaratively that there will not be a problem is just inaccurate.

[JohnE 57]

9 hours ago, geowrian said:

I think you missed a critical point of the discussion here. There is an extremely significant difference between an LPR re-entering the US versus trying to enter as a non-immigrant (especially one with documented immigrant intent). Neither one is guaranteed, sure, but that's about where the comparison stops. An LPR generally only has to show that they are not a security risk. A tourist must show that they have a compelling reason to return home because, by law, the assumption is that anybody entering the US intends to immigrate. They have to overcome that assumption. An LPR (or even anybody on an immigrant visa) does not.

 

I think the issue is you said "You will not have a problem". That's misleading at best. It wasn't "you probably won't have a problem", or even "you won't have a problem if you can prove ties to return home". Stating declaratively that there will not be a problem is just inaccurate.

Thanks for the reply and your comments.  I really do not want this to get out of hand.  I already said I was wrong in saying she will not have a problem but thanks again for pointing out my mistake and I hope I am forgiven.  Please do not bring that up again as I already said I was wrong with my comment and I stand corrected.  

 

  I did not miss any critical point of discussion about LPR or someone with a visa flying to the US.  I fully understand the difference between the LPR and travel visa holder as the travel visa holder is expected to return home.  The following comments are my personal experience and cover flights from Mexico City to Atlanta via non stop Delta flights which takes three hours.  

1. During the time my wife's K1 was pending she flew to Atlanta from Mexico City at least four times that I can remember.  Each time there were zero problems at passport control.  They asked her the reason for her trip and she told them to visit her fiancee.  She told them there was a pending K1 which they alluded to the fact that was NOT on their records or at least that did not show on the records they were viewing on their computer screen.  She always traveled with proof of her return Delta ticket, and complete copy of the K1 package.  She would offer to show the officer the K1 package and they always said no thanks.  Passport was stamped and she was on her way.  This happened each time she traveled while the K1 was pending.  Could she been turned away in Atlanta and put on the next Delta flight back to Mexico City...sure but it never happened.  

2.  I somewhat find it had to believe that someone would take the time to complete the K1 paperwork and pay the fees only to fly to the US on a travel visa and then get married and then try to adjust status.  That in my mind is a huge red flag as USCIS already has your pending K1 paperwork and they could prove fraud on your part...I guess that has happened but just strange in my mind.   

3. I have been to Mexico City at least 20 times (going back in May) and the flight back to Atlanta always has a majority of Mexicans...including my mother in law when she comes to visit.  I have never experienced any extreme vetting of any Mexican that was traveling with a tourist visa.  I have never seen a Mexican being grilled to show a compelling reason to return home.  Could that have happened to someone on one of my flights...sure but I never saw it.  The numerous Mexicans that I know with travel visas that have flown to Atlanta have never experienced extreme vetting.  They were asked the reason for their visit.  Passports were stamped and they were on their way.  I know a lot of Mexicans and not a single one of them has ever had to prove at passport control (other than maybe a return ticket) ties to Mexico and a reason to return.  Should they have the title to their home in Mexico City, letter from their employer, copies of payment stubs, copies of power bills, cell phone bills, well maybe but at least none of the Mexicans I know ever went that far.  

3. For a Mexican to secure a travel visa is when the fun really starts.  Of course you have to pay for the travel visa up front with zero guarantee you will be granted one.  Again I know this first hand as my mother in law (a Mexican) just renewed her travel visa a few months ago.  Even through she has had a travel visa for over 15 years she had to show strong ties to Mexico again.  Talk about extreme vetting!  My mother in law has been here a number of times with zero extreme vetting or having to show strong ties to Mexico or showing a compelling reason to return.  When she flies here in May might that happen??? You bet it can happen at any time and any place.  I stand by my comments in a earlier post where I said only US citizens cannot be turned away at the POE and all others can be turned away.  

 

Getting back on track to the OP as I am very sorry this has gotten out of hand and I hope you forgive me.  If your fiancee travels to see you while the K1 is pending I pray she will have zero problems at her POE.  

 

May God richly bless each and every one of you.

 

John