Thoughts on a 2 month visit with an accepted K1 (NOA1) and a 6 month visit at the end of last year?

[Alan&Alex 173]

So my fiance was here for 6 months on a B2 visa for an extended vacation with family and friends between June and December of last year. That's when we met! 

 

We've since applied for the K1 visa that was accepted last month. I'm currently flying down to stay with him 1 - 2 weeks per month as my work is remote affording me that privilege. 

 

However, we were wondering what are the odds that he'd be able to come stay with me for two months over the summer? Has anyone been in a similar situation? Do you think border agent will give him a really hard time? Is there anything we could do to help increase his chances of making it through?

 

My first thought is that he simply tells them something like "I'm coming to stay with my fiance for two months. We have a fiance visa submitted and don't want to let anything risk that so I will be only here for the two months then heading back home on the date of my return ticket." 

 

Thoughts?

[Abdeslam 47]

I think the fact  that you're doing the things properly and he was in the us and didn't overstay his visa will play heavily in your favor

[RLA 324]

Two months is on the long end.  It doesn't seem compatible with most regular jobs, caring for family members and other things that would require people to return home.  So — what's his motivation to go back to El Salvador after the two months?  You'll need to show something tangible. 

 

The official policy is based on scepticism.  Just claiming that you'll follow the rules won't be enough, and one B2 visit + one K1 application don't create much of a track record.  The K1 application could actually be seen as a negative factor as it shows that your fiancé is willing to leave his country behind and come to the US.  

[Going through 5,671]

Will be a bit more difficult as filing the K1 shows his immigrant intent.  POE may deny him entry, or in the best case scenario permit him a shorter duration of stay (and will stamp his passport declaring the duration allowed).

 

His previous travel and return to his home country is a mark in his favour.  Staying in the US for 6 months previously and coming back so soon for 2 months is a mark against him as it doesn't show strong ties to his home country, and POE may presume he will stay longer/stay and adjust status.

 

He should be prepared to show strong ties back to his home country if asked for----employment, property ownership, things like that.

Edited April 5, 2018 by Going through

[Alan&Alex 173]

What if we have a clear itinerary with already purchased plane tickets, concert tickets, etc. Then we plan to also travel to visit my family in another state so he can meet them so I could have my mother, who we'd be staying with, write an affidavit with her address, when we'll be there, etc and provide a copy of her ID. Would that decrease the odds of being rejected? 

[LionessDeon 2,060]

There is always the risk of him being denied entry due to current immigration status pending.  So others can share their experiences and viewpoints but, as I'm sure you know, no one can say for sure.  I think you've already answered your question.  Take as much proof of return as possible.  Only you can decide if you want to chance it or not.

[Jaquelly 1,647]

20 hours ago, Alan&Alex said:

So my fiance was here for 6 months on a B2 visa for an extended vacation with family and friends between June and December of last year. That's when we met! 

 

We've since applied for the K1 visa that was accepted last month. I'm currently flying down to stay with him 1 - 2 weeks per month as my work is remote affording me that privilege. 

 

However, we were wondering what are the odds that he'd be able to come stay with me for two months over the summer? Has anyone been in a similar situation? Do you think border agent will give him a really hard time? Is there anything we could do to help increase his chances of making it through?

 

My first thought is that he simply tells them something like "I'm coming to stay with my fiance for two months. We have a fiance visa submitted and don't want to let anything risk that so I will be only here for the two months then heading back home on the date of my return ticket." 

 

Thoughts?

My fiance was here for almost the entire month of December. They didn't even blink when he came through. I don't know if it will be different for you, but there's no way to know if he will get denied until he gets to the airport and tries to enter.

[I.Kat 191]

On 4/5/2018 at 4:41 PM, Alan&Alex said:

What if we have a clear itinerary with already purchased plane tickets, concert tickets, etc. Then we plan to also travel to visit my family in another state so he can meet them so I could have my mother, who we'd be staying with, write an affidavit with her address, when we'll be there, etc and provide a copy of her ID. Would that decrease the odds of being rejected? 

Hi, I wasn't traveling with my fiancé (we weren't engaged back then) but to stay with him for three months and the three months period was a problem. They had concerns that I would work illegally or perhaps that I would stay. I had an invitation letter from him, clearly stating that I was staying with him so I wouldn't be paying for food and accommodation, I had my bank statements to show that I had enough money to last those three months, I had a letter from my employer. Yet, they really gave me a hard time, held me at the secondary for three hours because I had "too much evidence". They eventually did let me in because there was really nothing illegal in there but they also didn't have to. I was thinking that it would have been smarter to buy a flight ticket just for a week or two and not use the return ticket and just buy a new one later. But anything is risky, really 😞The situation definitely is different for you guys since you're already waiting for your K1, I was just on ESTA and wasn't engaged!

Edited April 7, 2018 by I.Kat