Travel while waiting for k1 visa, tell the customs or not?

[William and Betsy 40]

Hello everyone, does anyone have any experience traveling while waiting for the k1 visa? 

 

Here is my situation: 

Me (Brazilian) and my future wife (American), are submitting our k1 package this week. We know that from now on basically what we have to do is wait. The last time we met was in November 2016, and on that time I had family in the US to visit, which made my entrance easier. We plan to meet each other again during the same period ( between November to January) to avoid the 4h time zone difference that happens in this part of the year and to wait for the noa2 together.

 

The thing is I really don't have anything that holds me in Brazil right now, I'm currently unemployed, I have 24 years old, the country is going through a big crisis,and the only thing I could use to prove that I'd return to Brazil is an IT university course that I'm enrolled right now. I don't predict an easy talk with the customs officer with me saying that I'm there to visit my girlfriend for maybe over 2 months, and I'm not sure if I mention that we are currently waiting on a k1 visa (i could bring a copy of the package as well as a noa1) would make my entrance any easier or just make it more difficult?

 

I'm really afraid of just being denied entry and being sent back.

 

I would be going with my Italian passport via the visa waiver program, the same visa I entered the country last year.

 

I'd appreciate some opinions or experiences!

 

Thanks!

[Jordan8768 107]

My advice and general rule of thumb: never lie to the CBP. 

[KULtoATL 1,551]

Sure you can use your ESTA under the Italian passport but there's no certainty nor guarantee if you would be granted entry. However, you did say that you have very little ties in Brazil so for a tourist visit, that's not really working in your favor and you might just be turned away. Having a pending I-129F would also add to your burden to prove that you are not entering with the intent to adjust your status. Your other choice is to meet your fiancee in a third country instead and have a short vacation together instead. It's not necessary to be in the US to wait for the NOA2 together because you'd still need to return to Brazil to continue the K-1 process anyways  

 

ETA: MUST be honest with CBP. Do not lie even if the outcome won't be favorable. 

Edited August 11, 2017 by KULtoATL

[William and Betsy 40]

yeah but the thing is that she works in US and could only get maybe 2 weeks of vacation. So it would be best if i could go visit her. I'm thinking my situation will depend probably on the mood or type of officer that i encounter. It's a delicate situation, odds are not in my favor here :/.