Going through airport during K1 visa process

[TarynL 1]

Hey guys! My fiancé and I haven't submitted our I-129F yet, I wanted to by October or November. He is coming to visit me in December for the holidays until January 13. He is worried about going through customs and being denied entry because the K1 would be in processing. Does anyone have any experience with Washington Dulles in specific for this? Any suggestions or advice? Would it be smarter to wait until he is here to send it in or? I wanted to get it in earlier hoping for an earlier acceptance meaning maybe he could come next summer! 

 

My fiancé is Brazilian, btw! 

 

Any comments would be appreciated. 

Edited September 14, 2017 by TarynL

[Dashinka 24,527]

13 minutes ago, TarynL said:

Hey guys! My fiancé and I haven't submitted our I-129F yet, I wanted to by October or November. He is coming to visit me in December for the holidays until January 13. He is worried about going through customs and being denied entry because the K1 would be in processing. Does anyone have any experience with Washington Dulles in specific for this? Any suggestions or advice? Would it be smarter to wait until he is here to send it in or? I wanted to get it in earlier hoping for an earlier acceptance meaning maybe he could come next summer! 

 

My fiancé is Brazilian, btw! 

 

Any comments would be appreciated. 

No direct knowledge of Dulles, but all you can do is tell your fiancé to make sure he has evidence showing he does not intend to stay on this trip in case the CBP IO asks him.  Also tell him to make sure he does not misrepresent himself during the interview at the boarder.  I don't think it matters if the K1 is filed or not, he is still coming here to spend the Holidays with his fiancé regardless of the status of some paperwork.

 

Good Luck!

[TarynL 1]

On 9/14/2017 at 1:56 PM, Bill & Katya said:

No direct knowledge of Dulles, but all you can do is tell your fiancé to make sure he has evidence showing he does not intend to stay on this trip in case the CBP IO asks him.  Also tell him to make sure he does not misrepresent himself during the interview at the boarder.  I don't think it matters if the K1 is filed or not, he is still coming here to spend the Holidays with his fiancé regardless of the status of some paperwork.

 

Good Luck!

Thanks! He arrives on December 20, do you think if we sent out our I-129F like the two weeks before he gets here, would the officer at the POE even be able to see he has applied for a K1? 

[Dashinka 24,527]

5 hours ago, TarynL said:

Thanks! He arrives on December 20, do you think if we sent out our I-129F like the two weeks before he gets here, would the officer at the POE even be able to see he has applied for a K1? 

I am not really sure if the systems would be updated that soon, but it still doesn't change the fact that he is coming to visit his fiancé for the holidays which is how he should answer if asked.  The CBP officer will then make the determination of his intentions, so your fiancé has the burden of proof that it is not his intentions to stay and immigrate.

 

Good Luck!