Fiance doing a visa run while awaiting I-129F approval

[Matt430 9]

So here is our situation. My girlfriend has been living with me in the US on a tourist visa since about mid-November while we await our I-129F approval. Her 90 days are up on February 12th and since we don't wanna have any issues arise from her overstaying, she was planning on going back to South Korea to wait out the rest of the process. However, we've heard that there are some pretty big delays in the USCIS these days and are afraid that the process could keep us apart about 6-8 months. Now, I'm wondering if it would be okay if she did a visa run to some nearby country and got another 90-day tourist visa to make the wait a little more bearable. I know there could be trouble at the POE, but would this negatively impact our I-129D application at all? I appreciate any info or help I can get on this, maybe from someone who did something similar.

[Ben&Zian 4,398]

If she has been staying for a 2-3 months already, going out of country and trying to re-enter quickly will definately raise suspicion. Won't really effect the I-129f or K-1 process itself; but realize a lot of us on here who have done the K-1 process spent 1-2 year apart during the ordeal. Patience is key to the process. As to what is best for you in the situation as to her trying to "re-new" her stay I can't answer but definately don't do anything risky.

[EandH0904 1,184]

Going to Canada or Mexico for a couple days does not reset your 90 day rule. A tourist visa is not for "living" in the US - it is for TOURISM. The general rule is to be out of the country for twice as long as you are in the country. 

She should go back to South Korea. You can always go visit her there in a few months if waiting the duration is too unbearable for you. 

There are plenty of us who do not get 90 days with our spouses, and our spouses are not free to visit the US. No one has died from loneliness during the separation. 

Enjoy your last month together and use this time to adequately document your relationship further so she wont have problems at her interview. 

[A'n'L 735]

A "visa run" is not likely to be successful, and impossible if she tries to return from Canada or Mexico. If she is within the first VWP 90 days, she will only be allowed in for the remaining days. If she stays out until it's expired, she'll be under the scrutiny of CBP to prove she is not living in the US (which it appears she is). Most likely, she will be turned away at the border. If she refrains from lying to immigration officers, the denied entry will not be a problem for the K1 process.

[payxibka 10,045]

10 minutes ago, Matt430 said:

So here is our situation. My girlfriend has been living with me in the US on a tourist visa since about mid-November while we await our I-129F approval. Her 90 days are up on February 12th and since we don't wanna have any issues arise from her overstaying, she was planning on going back to South Korea to wait out the rest of the process. However, we've heard that there are some pretty big delays in the USCIS these days and are afraid that the process could keep us apart about 6-8 months. Now, I'm wondering if it would be okay if she did a visa run to some nearby country and got another 90-day tourist visa to make the wait a little more bearable. I know there could be trouble at the POE, but would this negatively impact our I-129D application at all? I appreciate any info or help I can get on this, maybe from someone who did something similar.

South Korea is a part of the ESTA program,  so what kind of visa run do you think she can do?

 

 

[luv2teach77 41]

While this may be possible, be aware that the burden of proof is on her that she isn't abusing the tourist visa process.  If she can't show substantial ties to her home country, she could be denied another tourist visa.  A better option may be for her to return to Korea for a couple months and then visit you again. It is allowed for her to visit you even after the I-129F is approved and returning for a couple of months would probably look better in the eyes of the CBP officers when she tries to re-enter the US again.  Remember, she will have to attend her interview at the US embassy / consulate in her home country at the end of the process anyway so she won't be able to remain in the US for the whole time anyway !!

 

Best of luck !!

 

Mark

[Matt430 9]

Sorry about confusion on visa runs. I've been in South Korea and Japan for the past three years and I met a lot of people who would stay in each country for the duration of their travel visa, make a short trip to China or somewhere else in Asia and then come back in on a fresh travel visa. I didn't know how the US operated as it's never been an issue before.

[payxibka 10,045]

Just now, Matt430 said:

Sorry about confusion on visa runs. I've been in South Korea and Japan for the past three years and I met a lot of people who would stay in each country for the duration of their travel visa, make a short trip to China or somewhere else in Asia and then come back in on a fresh travel visa. I didn't know how the US operated as it's never been an issue before.

US Does not recognize step-outs in the same manner as other countries

[Matt430 9]

3 minutes ago, payxibka said:

US Does not recognize step-outs in the same manner as other countries

Thank you, I realize that now.

[Californiansunset 336]

21 hours ago, Matt430 said:

So here is our situation. My girlfriend has been living with me in the US on a tourist visa since about mid-November while we await our I-129F approval. Her 90 days are up on February 12th and since we don't wanna have any issues arise from her overstaying, she was planning on going back to South Korea to wait out the rest of the process. However, we've heard that there are some pretty big delays in the USCIS these days and are afraid that the process could keep us apart about 6-8 months. Now, I'm wondering if it would be okay if she did a visa run to some nearby country and got another 90-day tourist visa to make the wait a little more bearable. I know there could be trouble at the POE, but would this negatively impact our I-129D application at all? I appreciate any info or help I can get on this, maybe from someone who did something similar.

Might be slightly off topic and not what you want to hear... but doesn't your girlfriend have a job or something?! Instead of trying to do a visa run I'd try to be reasonable and maybe get a job in the home country to start saving some money. She will be unemployed for at least 4 months once she enters the US on her K1 visa. Her trying to save some money could later help a lot. Also more work experience is always good when she tries to apply later for a U.S. job once she has her work permit.