To Travel, or Not to travel--with K1 pending

[Diane and Chris 651]

11 hours ago, Sarah&Facundo said:

Hello! My fiance (from Argentina) is in the final steps for obtaining his K1. Here's the situation:

 

He has to submit all his medical/police records/etc and do his interview by November 8th. The US embassy already said they will not extend this when we asked for an extension.

 

HOWEVER, he already purchased a ticket a few months ago to spend 2 weeks with my family in the US for Thanksgiving before we knew about this deadline. He will be staying November 19-December 3rd. He already has a tourist visa and has spent time in the US with my family before, so he has shown he comes and leaves (and never stays more than 2-3 weeks).

 

The embassy email said they would be willing to keep his tourist visa valid for his travel and he can get his K1 later, even after the interview. I assume there would be some type of form for this.

 

He does NOT want to move to the US until February/March (which of course, we would then schedule the medical appointment towards the mid-to-end of October to remain within 6 months).

 

The embassy put a disclaimer at the end of the email saying he could have an issue at POE if he already has a K application in progress. Most likely because it looks like he could potentially overstay due to having a fiance. We do not know if they HAVE to put that disclaimer so protect themselves, because the woman emailing me isn't really aware of the rest of the situation. Here are my thoughts:

 

1.) He has a tourist visa already and has entered/exited before. He was in the US even after we submitted the I-129F and nothing happened. They just asked where he worked.

2.) He has a job and can get a letter saying he has to return. He has a bank account, credit card, etc.

3.) Why would he spend ALL of that money and time with this process to run to the US illegally? He would have to return to Argentina at some point for the K1 visa to be put in the passport. Assuming there would be a document for this, he would take it with him for the customs officer

4.) Since he is coming to the US for Thanksgiving, I would fly down to Argentina (likely with my mom) for Christmas/New Years. By the time November rolled around, I would have the tickets to Argentina which he can present as well. Why would we go to Argentina without him?

 

My fiance is freaking out about this and is petrified of being turned away by US customs. In my opinion, I think he would be fine as long as he brought all of the documents proving what I just listed above. I do think there is a high chance they will pull him out for secondary questioning, but as long as he can back up what he is saying, would he be okay? There are no lies being told at all whatsoever so there is no chance of getting "caught" or anything.

 

What are your thoughts? Should he travel to the US for Thanksgiving or cancel the ticket and lose the money?

Cancel!  Why risk it?  

[Sunnyland 639]

OP, if his interview is on November 8th, chances are that he will get approved. Another thing is that at the embassy they will keep his passport to issue the K1 visa which can take a few weeks so he wouldn't even have his passport to travel to USA. Once they issue his K1 visa, the tourist visa would become obsolete.IMO its too risky to travel on the tourist visa with the K1 visa already approved.By the way I'm from Argentina.

[Sarah&Facundo 595]

Update! Fiance was granted his K1 at the interview a few weeks ago. He got his passport back and came as a TOURIST to the US WITH a K1 still in his passport, which he will use in a few months. He is in the US with me now for Thanksgiving At immigration POE, they never even mentioned his K1. He asked what he was doing and how long he would be here. He was completely honest and said I am visiting my fiance for 15 days for Thanksgiving and there were no questions asked

 

Also,when I flew back from going to the interview with him, I ran this situation past 3 different immigration officers who all said this is fine. YAY!

[Sarah&Facundo 595]

On 8/30/2017 at 8:03 AM, Sunnyland said:

OP, if his interview is on November 8th, chances are that he will get approved. Another thing is that at the embassy they will keep his passport to issue the K1 visa which can take a few weeks so he wouldn't even have his passport to travel to USA. Once they issue his K1 visa, the tourist visa would become obsolete.IMO its too risky to travel on the tourist visa with the K1 visa already approved.By the way I'm from Argentina.

The Argentinian embassy said it was fine. He has a K1 but is in the US on his tourist visa right now!