Beneficiary in US while sending off I-129F?

[Teacake 76]

I’m sorry, I’m sure this question has been posted before, but I’m just hoping to get some clarification on a couple of things:

 

I’m Australian. My fiancé bought my tickets to visit him a few weeks from now. He proposed while he was here in Melbourne in April, but we had been talking about doing the K1 for a while. Our main reason for me going to see him is so we can compile and send off the petition together. I’m the organised type who quadruple checks anything before giving it the “OK”, and I also don’t want him to bear the stress of doing it all on his own. I know there is a section in the I-129F reserved for a beneficiary being in the country while it is filled out, but does this mean we can mail it while I’m here, or should he do that after I’ve left the country?

 

As a follow-up question, I was last in the US a year ago during my break while I was studying at university. I graduated a month ago and have been having a hard time finding a job. I also live with my dad, meaning I don’t really have any strong ties to Australia at the moment. I have absolutely zero intentions of overstaying my welcome in the US, but I know I will need to explain things to a border patrol officer at customs. Should I tell them everything about us being recently engaged and wanting to make the petition together? I will be staying 75 days because we want to give ourselves plenty of time to get the petition organised, have an engagement party with his family, and we won’t be having any more visits until the visa is (hopefully) approved because we want to save money for AOS down the road. I’m really worried about being denied entry.

 

Any input would be greatly appreciated!

[sunshinelove 52]

From what I understand, there isn't a problem with you being with him when he sends the petition. I know beneficiaries are allowed to travel to the US while a pending K1 is in process so it shouldn't be an issue to send it together. While there's no guarantee that a border patrol agent will let you in, always tell the truth. They get lied to on the daily so I'd imagine their ability to tell truth from lies is really good. I'm sure many beneficiaries contribute to putting together the packet to make sure everything is in order. Personally, I think it'd be beneficial to be honest if asked about it because it would show you have intentions of doing the right process and are likely very aware of the consequences of overstaying. If you had ill intentions, it would be easy to just say you were visiting and not go home. You wouldn't want to bring extra attention to yourself if you had bad intentions. (Hope you get what I mean )

[fip & jim 452]

Hi Bunny,

 

We filed our petition when I was Stateside last summer, no problems. I would advise doing it at the end of your visit because then you will have all the evidence of being together during that time to add to your evidence of in-person meetings. 

 

You are prepared for you saying you are visiting your fiance to alert them and you will be questioned. Have evidence of your intention to return to Australia on you. Apparently having an ESTA is not evidence that you won't overstay(). I was kept for over an hour each time, suitcase searched, phone searched, even though I had evidence I was returning home. It's horrible at the end of a long journey but it's down to the Customs Officer on the day.  I answered honestly that we didn't know when we were getting married because it would be foolish to make plans when a visa hasn't been approved - we hoped it would be summer 2018, but we have to wait and see. Don't presume a customs officer understands the intricacies of the K1 visa process and be willing to explain how you want to do this properly and legally. 

 

I'd also think carefully about dividing up your allocation of 90 days in 2 years of the ESTA. If you use up 75 days now that only leaves 15 days for the rest of the duration it's valid. You don't know how things will pan out and it will restrict you being able to visit your fiance if you need to (say there is an accident or he needs you by his side for some other unforeseen event). 

[Teacake 76]

Thank you both very much! Your advice has been really, really helpful. Hopefully my travel insurance documents and itinerary with return flight details will help.

[fip & jim 452]

1 hour ago, Bunny1 said:

Thank you both very much! Your advice has been really, really helpful. Hopefully my travel insurance documents and itinerary with return flight details will help.

They asked me if I'd messaged my daughter when I'd be returning & I said "No. Why would I do that when I only said goodbye to her in person when I left this morning?", which made the other customs officer laugh (not the one grilling me). So you could send a text or email to a relative or friend saying where you'll be & when you plan to return as another piece of "evidence". 

[NikLR 13,232]

Be honest but be concise.  Don't babble. There's no need to bring up anything to do with immigration unless asked.  

For example for me:

Q. What's the purpose of your visit?

A. I'm visiting my husband.

Q. How long is your stay?

A. I'm returning on xx So x days.

Q. Where do you work?

A. Here.

Okay have a nice trip.  

 

Dont elaborate more than necessary and stress you have commitments and stuff in Oz to get back to after your "break."

 

I did get asked about immigration once when entering and I said we weren't sure at the time (which was truthful for me.)  So be truthful in that kind of situation too. 

[Teacake 76]

31 minutes ago, NikLR said:

Be honest but be concise.  Don't babble. There's no need to bring up anything to do with immigration unless asked.  

For example for me:

Q. What's the purpose of your visit?

A. I'm visiting my husband.

Q. How long is your stay?

A. I'm returning on xx So x days.

Q. Where do you work?

A. Here.

Okay have a nice trip.  

 

Dont elaborate more than necessary and stress you have commitments and stuff in Oz to get back to after your "break."

 

I did get asked about immigration once when entering and I said we weren't sure at the time (which was truthful for me.)  So be truthful in that kind of situation too. 

This has been a very helpful piece of advice, thank you. I’m not sure why I thought that mentioning immigration was necessary, but it makes a lot more sense to just answer honestly if I am actually asked about it and not go into unnecessary detail otherwise. Thank you!