Entering USA under B1/B2 then file for K1 petition after

[JerryVawa 7]

Hi, I am from Singapore and my partner is from the US. I'll be visiting her for 6 mo under the B1/B2 this coming summer with the intention of proposing to her at the end of it. There are however several situations/strategies that I am considering.

 

1) I propose to her while both of us are in the USA but would it be possible for her to file for a K1 petition for me WHILE I am still in the USA under B1/B2. Effectively an attempt to AOS. Would that complicate future immigration matters for us? I.e., for us to get married and for me to apply for legal permanent residency.

 

OR

 

2) We are considering to go to Portugal and Spain for a vacation in October for 2 weeks and if we do that, I am thinking of proposing to her abroad. Upon arrival back to the USA, obviously the border agent will question why am I back to the USA again after 2 weeks and I've been in the USA prior from July to October. Common sense would suggest that I may get rejected and sent back to Singapore but I suppose having a return ticket ready is a good proof of my intention to leave the country and not seek illegal immigration. Assuming that I managed to convince the agent to let me come back in USA (and of course I won't be telling him/her that I now have an American fiancée) then my strategy is to leave the country as per planned and have my fiancée apply for my K1 when I am out of the country later on. However of course this is under a lot of assumptions and if things at the border go well and its a significantly higher risk strategy than the first situation.

 

OR

 

3) Would it be best if we didn't leave the country at all and I propose to her while in America and have her file for my K1 AFTER I've left the country.

[SusieQQQ 11,586]

1 hour ago, GeraldSG said:

 

 

Assuming that I managed to convince the agent to let me come back in USA (and of course I won't be telling him/her that I now have an American fiancée)

“Of course”? So if an officer asks you if you know anyone/who’ll you be visiting/where you’re staying, you plan to lie?

do you already have a B visa by the way?

 

Your last option is the correct way to do it. 

 

Edited January 11, 2018 by SusieQQQ

[JerryVawa 7]

24 minutes ago, SusieQQQ said:

“Of course”? So if an officer asks you if you know anyone/who’ll you be visiting/where you’re staying, you plan to lie?

do you already have a B visa by the way?

 

Your last option is the correct way to do it. 

 

Hi Susie,

 

I do not have intention to lie to any agents. I would just say girlfriend. What I meant was if i said fiancee and I am coming back in the US on a B2, it might incur unnecessary concerns that aren't warranted. And yes.

[SusieQQQ 11,586]

15 minutes ago, GeraldSG said:

Hi Susie,

 

I do not have intention to lie to any agents. I would just say girlfriend. What I meant was if i said fiancee and I am coming back in the US on a B2, it might incur unnecessary concerns that aren't warranted. And yes.

You should never make misrepresentation to a CBP officer, especially now given the new directives being passed down. You don’t need to volunteer information, but if you are asked a question you need to answer it truthfully.

[JerryVawa 7]

11 minutes ago, SusieQQQ said:

You should never make misrepresentation to a CBP officer, especially now given the new directives being passed down. You don’t need to volunteer information, but if you are asked a question you need to answer it truthfully.

No I get that I need to be truthful. Anyway we are digressing. Would you say, since my intention is to be in the States for 6 mo,  it's a bad idea for me to come from July - October and then leave to Europe for 2 weeks then come back to the US late October to whenever my I-94 expires then I leave USA again. Then to apply for K-1 after.

[SusieQQQ 11,586]

6 hours ago, GeraldSG said:

No I get that I need to be truthful. Anyway we are digressing. Would you say, since my intention is to be in the States for 6 mo,  it's a bad idea for me to come from July - October and then leave to Europe for 2 weeks then come back to the US late October to whenever my I-94 expires then I leave USA again. Then to apply for K-1 after.

Your I94 would be reset when you leave and re-enter, however the general advice is to spend more time outside the US than in it. If you are in the US for 4 or 5 months, leave for a couple of weeks then come back again they are likely to view it suspiciously - partly because it looks like you did that to reset the I94 and because you have a fiancée there (which I’d bet on them finding out). I personally wouldn’t be surprised if you’re refused entry on the second try.

[JerryVawa 7]

31 minutes ago, SusieQQQ said:

Your I94 would be reset when you leave and re-enter, however the general advice is to spend more time outside the US than in it. If you are in the US for 4 or 5 months, leave for a couple of weeks then come back again they are likely to view it suspiciously - partly because it looks like you did that to reset the I94 and because you have a fiancée there (which I’d bet on them finding out). I personally wouldn’t be surprised if you’re refused entry on the second try.

I figured.. I guess it is not worth the risk then even though we are really looking forward to spending our anniversary in Europe

[SusieQQQ 11,586]

28 minutes ago, GeraldSG said:

I figured.. I guess it is not worth the risk then even though we are really looking forward to spending our anniversary in Europe

Well, why can’t you do that, get engaged in Europe and then go home while she files K1 for you? Probably better to get that started as soon as you can.