Yes, you can visit!

[ryna 132]

Thank you, I get what you are saying but unfortunately in Peru they don't hand out ESTA/VWP so easily. That is why I ask what my fiance needs to obtain that pass. If she applies for ESTA/VWP does she say she is waiting for the paperwork for K-1 to go through and wants to visit me for now? or for my birthday for example in November?

The only times I have seen her is when I have gone to Peru. Other then that we have not tried to get a visitor visa for her because it would be considered fraud from what I have read.

Speaking from personal experience, if she doesn't already have a visitor visa, she won't be issued one. We didn't even bother to try while we waited -- it would have been wasted $$$. It's not fraud to apply for a visitor visa if there is no intent to stay using it but that presumption is almost impossible to overcome and why it most certainly won't be issued. The application $$$ would be a gift to Uncle Sam plus any other money she may be out for travel to the consulate.

Be prepared for all visits to be one-sided until she comes on the K-1. That's just the way it is for some beneficiaries.

[Stelare 35]

In the unlikely case my fiancee gets scrutinized for her visit to the US during the K-1 application process, would one of the following be strong evidence to show we are going by the book and she will be returning to her home country? (her country is under the Visa Waiver Program and her POE would be LAX)

1. Proof of ongoing employment in her home country

2. Round trip plane ticket hard copy

3. Some portion of the K-1 application or confirmation the application is being reviewed

4. Other docs?

Also, as a general strategy and assuming the officers are "reasonable" people, at what point should she mention we are in the K-1 process? Is it best to let the officer bring it up or just be totally transparent about it beforehand?

Thanks.

I never made an update to my post earlier, but in doing so, it may answer some of your questions.

I had my B2 approved August 8th, and my fiance and I booked my trip to the US for August 24th - December 7th. So about a 3 and a half month stay, which is pretty long according to a lot of the members here, which also according to many, would also have been a red flag or a horrible horrible horrible decision.

So my POE was Dallas, I had a nice folder of supporting documents with me just in case i was taken to secondary for extra questioning. I was able to go through the smart gates, printed out my slip with my details, got my luggage and then headed over to the customs/immigration guy (since it seems like they seem to do both in the one spot - question you on your purpose for entering the country and whether or not you have anything in your luggage that you're not meant to.)

Handed the guy my slip and my passport and the conversation went along the lines of

Officer: What's your purpose for travelling to the US?

Me: Visiting

Officer: Why are you visiting?

Me: I'm here to see my fiance

This is when I got a bit worried since he half stood up from his spot. But he began to explain how I would not be able to change my B1 visa to anything else during my stay, that immigrating during the trip wasn't allowed as I did not have the required documents needed to do so (A K1). I told him I knew, and I wasn't intending to do so, I had my first notice of action for my K1 with me - therefore already started the process and I'd need to be back in Australia for my K1 interview anyway. He said "Great!", somewhere in between he asked me how long I was staying and I said 3 months but that I would be going back to work in December and that I was also a student - He never asked me for any proof, he also didn't ask me if i was working/studying, I mentioned it myself.

I ended up not needing to show him anything at all. The whole interaction was less than 5 minutes, with some of that being him asking me whether i had any food items in my luggage (the standard questions). The officer was super friendly and I had no issues whatsoever.

If she were to take any documents, it would be as suggested by others: the proof of ongoing employment (get it signed by her manager, make sure it has the company letterhead), her return flight, any NOA's you receive for your K1, any assets she owns in her home country that may 'force' her to come back home at the end of her trip (renting her home, any large, expensive belongings etc.). I personally took with me my confirmation of enrolment for university, photos of my room and my belongings, scanned a few documents out of our K1 application including the letters of intent to marry during the 90 days on entering with the K1, the I-129F. I also took some bank statements and a letter of invitation from my Fiance that included proof of his employment, his bank statements, some of his past paystubs, proof of accommodation etc to show he could support me during my stay.

Hopefully that eases some of the scariness of the situation for you. As long as she's honest and has those documents with her in the chance that she may be further questioned, you don't have anything to worry about. I'm also assuming she may be staying for a much shorter period of time than I am, so there's that as well.

[ML Magz 1]

My gf and I have only been together for 2 months. It was a summer whirwind romance and we had decided to apply for the Fiancee Petition. Our K1 application has been received yesterday. I am visiting her next month for a week and we had also planned for her to visit me in November. Her B1/B2 tourist visa renewal interview is during the time I am there. How do we convince their embassy that she is just visiting me in November and not intending to get married to "speed up the process"? I'm even already scheduled to visit again in December for 2 weeks and had already purchased my ticket.

During her interview, is it advisable to just tell them the truth that we already had a K1 Visa in process and that she just wants to spend some time with me in November?

[Limey 551]

My gf and I have only been together for 2 months. It was a summer whirwind romance and we had decided to apply for the Fiancee Petition. Our K1 application has been received yesterday. I am visiting her next month for a week and we had also planned for her to visit me in November. Her B1/B2 tourist visa renewal interview is during the time I am there. How do we convince their embassy that she is just visiting me in November and not intending to get married to "speed up the process"? I'm even already scheduled to visit again in December for 2 weeks and had already purchased my ticket.

During her interview, is it advisable to just tell them the truth that we already had a K1 Visa in process and that she just wants to spend some time with me in November?

No one can be sure, but i'd have thought that if you have flights booked etc for the December trip, its pretty good evidence that she isn't going to get married during her visit. Always be truthful with them, its better to be denied for being honest, than denied for being dishonest. If you are denied for being honest, that won't affect the K1 application - being dishonest will.

[ziggyzaazaa 14]

How does the fiance visit when you are waiting for K1-Visa approval from Nigeria? Do you apply for a different visa? or can they just come and say there is a K1Visa application pending? Any help would be appreciated. Nigeria requires a Visa to enter America, and Nigeria requires a visa for me to visit lagos!! Uggg you have to show documentation of tons and tons of money in your accounts for 6 months of history, making everything so hard. I don't believe I will get to see him until the K1 is "hopefully" approved from this untrusting country. I may have to go back for an expensive vacation to Dubai.... Scary.

Thanks!

Edited September 13, 2016 by ziggyzaazaa

[p-ana 933]

How does the fiance visit when you are waiting for K1-Visa approval from Nigeria? Do you apply for a different visa? or can they just come and say there is a K1Visa application pending? Any help would be appreciated. Nigeria requires a Visa to enter America, and Nigeria requires a visa for me to visit lagos!! Uggg you have to show documentation of tons and tons of money in your accounts for 6 months of history, making everything so hard. I don't believe I will get to see him until the K1 is "hopefully" approved from this untrusting country. I may have to go back for an expensive vacation to Dubai.... Scary.

Thanks!

He will need to apply for a visitors visa. Very hard to get one for Nigerians in general. If anything, the pending i129f only makes it harder.

[zilchfox 296]

Oi...

I wish I saw this topic sooner. My interview at the US Consulate for my K-1 Visa is actually tomorrow, and I avoided visiting because we had an application in process! He couldn't visit me either due to other personal reasons, so when it comes to photographs, the latest I have of us is from December 2015 when I last visited. Ugh. Oh well we'll see what happens tomorrow.

[RandB 156]

Hey guys. I'm sorry if this has been asked before. Can you visit after NOA2? I might visit my fiancée in the US in October sometime, but our petition might get approved by then.

[SparkzWillFly 0]

Fiance' just had her B-1 interview in Shenyang on Monday and was denied. After just two questions the interviewer left for 5 minutes and came back to inform Michelle that it was un-lawful to issue a visitor visa while a K-1 fiance visa pending. She also denied the 4 people that were in front of Michelle also, while the other interviewer approved everyone in that line. Michelle had everything in order for the interview, money in bank, strong ties and reasons to return to China, all supporting paperwork etc etc. The only thing the interviewer wanted to see was the invitation letter I had wrote.

After seeing how many people in this forum were granted visitor visas during the process I think it's safe to assume that it's not against the law to be granted a visitor visa while waiting for the K-1 visa. I have to assume that we rolled the dice that day and came up short - very disappointing that someone can decide whether or not you are granted the visa on their mood or feelings at the time of your interview. Perhaps there was a valid reason for the denial but Michelle was not informed of it so I can only assume.

[zilchfox 296]

Hey guys. I'm sorry if this has been asked before. Can you visit after NOA2? I might visit my fiancée in the US in October sometime, but our petition might get approved by then.

After NOA2 should be fine, but you should stay home the moment you submit Packet 3, as you'll very quickly receive Packet 4 a few days later which explicitly states to not leave your country. Also keep in mind the date the petition expires on the NOA2. Of course, since I'm Canadian, we're automatically granted B2 and only require a passport to visit so your mileage may vary.

Edited September 30, 2016 by zilchfox

[p-ana 933]

Fiance' just had her B-1 interview in Shenyang on Monday and was denied. After just two questions the interviewer left for 5 minutes and came back to inform Michelle that it was un-lawful to issue a visitor visa while a K-1 fiance visa pending. She also denied the 4 people that were in front of Michelle also, while the other interviewer approved everyone in that line. Michelle had everything in order for the interview, money in bank, strong ties and reasons to return to China, all supporting paperwork etc etc. The only thing the interviewer wanted to see was the invitation letter I had wrote.

After seeing how many people in this forum were granted visitor visas during the process I think it's safe to assume that it's not against the law to be granted a visitor visa while waiting for the K-1 visa. I have to assume that we rolled the dice that day and came up short - very disappointing that someone can decide whether or not you are granted the visa on their mood or feelings at the time of your interview. Perhaps there was a valid reason for the denial but Michelle was not informed of it so I can only assume.

I believe most of the people here who got to visit already had their visitors visa prior to starting the i129f petition or are from countries that use the vwp/ esta.

When you file your application for a i129f you show you have immigration intent, therefore a visitors visa will be extremely hard to get

[ZoeUK1989 35]

I visited my Fiance while it was pending with no issues at all. They asked me the usual questions of how long i was staying for a what is my purpose for travel... Even when my response was to visit my fiance they just how long i was staying for. I answered 3 and a half weeks and he said fantastic have a great time here and off i went. That was in Phoenix and i know they may all be different but as long as you are doing everything legally then i really wouldn't worry about this

Now go have fun!

[CMJuilland 485]

I have visited several times as well, and usually, I had no issue. Last time, however, it was different. Since I have traveled to the U.S. (from Europe) about every other month for about two years now, it must have raised suspicion last time (i.e. a week ago) I showed up at the border. The lady looking at my passport first asked when I had been there last, and I replied correctly that I had left about 5 weeks ago (she could see that both in my passport and in her system as well). Then, she asked why I was coming back again already, after such a short amount of time, and I replied that I was visiting, which prompted her next question: whom. I knew that saying "fiancée" would probably get me in trouble, but lying most likely even more so, which is why I finally said, "my fiancée". She looked at me a little startled, took my passport, walked away, left us waiting for about five minutes (maybe more; I was too tired to keep track of time), came back, stamped my passport, and waived me through. I looked at the little paper slip I got from the automated kiosks, and the stamp on there was red, which made me realize that they were going to send me in for further inspection at customs, which was the case. And that was not fun. I was held there for about 40 minutes, the guy unpacked my bags, asked about every single item what it was, and more or less regularly, I was asked what I was doing for a living time and again (I seriously answered that question about 10 times within the 40 minutes), what my fiancée's job title was (another 7-8 times), and if I was sure I didn't actually live in the U.S., even though I presented him with a ton of evidence that I actually had a home and life back in Europe (among others, a letter written by my boss along with my work contract, several insurance papers, bank statements, etc.). Of course, he also asked about our K1-petition, especially when looking at my hand-written notes I had made to discuss with my fiancée while being in the country. Finally, when all my bags were empty and all my stuff dispersed over the table there, I looked up and said, "okay, look. I understand that me being here so often raises suspicion. I also understand that it is your job to secure your borders. Yet, I would also like to point out that I would never do anything to violate U.S. immigration law or law in general, but maybe you understand that being 1000s of miles apart from the person you love is very hard and sometimes unbearable. That, and only that is why I keep coming back here. I just want to be with the person I love. Maybe you understand that..." Okay, I was tired, and right after having finished I could have bit my tongue. But it helped. It was the first time his face lit up, and he said, "yeah... I understand. You can now repack your bags and leave. Thank you."

Edited November 3, 2016 by CMJuilland

[Absolutely 34]

I have visited several times as well, and usually, I had no issue. Last time, however, it was different. Since I have traveled to the U.S. (from Europe) about every other month for about two years now, it must have raised suspicion last time (i.e. a week ago) I showed up at the border. The lady looking at my passport first asked when I had been there last, and I replied correctly that I had left about 5 weeks ago (she could see that both in my passport and in her system as well). Then, she asked why I was coming back again already, after such a short amount of time, and I replied that I was visiting, which prompted her next question: whom. I knew that saying "fiancée" would probably get me in trouble, but lying most likely even more so, which is why I finally said, "my fiancée". She looked at me a little startled, took my passport, walked away, left us waiting for about five minutes (maybe more; I was too tired to keep track of time), came back, stamped my passport, and waived me through. I looked at the little paper slip I got from the automated kiosks, and the stamp on there was red, which made me realize that they were going to send me in for further inspection at customs, which was the case. And that was not fun. I was held there for about 40 minutes, the guy unpacked my bags, asked about every single item what it was, and more or less regularly, I was asked what I was doing for a living time and again (I seriously answered that question about 10 times within the 40 minutes), what my fiancée's job title was (another 7-8 times), and if I was sure I didn't actually live in the U.S., even though I presented him with a ton of evidence that I actually had a home and life back in Europe (among others, a letter written by my boss along with my work contract, several insurance papers, bank statements, etc.). Of course, he also asked about our K1-petition, especially when looking at my hand-written notes I had made to discuss with my fiancée while being in the country. Finally, when all my bags were empty and all my stuff dispersed over the table there, I looked up and said, "okay, look. I understand that me being here so often raises suspicion. I also understand that it is your job to secure your borders. Yet, I would also like to point out that I would never do anything to violate U.S. immigration law or law in general, but maybe you understand that being 1000s of miles apart from the person you love is very hard and sometimes unbearable. That, and only that is why I keep coming back here. I just want to be with the person I love. Maybe you understand that..." Okay, I was tired, and right after having finished I could have bit my tongue. But it helped. It was the first time his face lit up, and he said, "yeah... I understand. You can now repack your bags and leave. Thank you."

I got stopped at O'Hare last week. I had spent a couple of months over summer with my fiancée and spending November with her as well, so was half expecting to be asked further questions when reentering America. The first TSA guy was a bit rude and abrupt and didn't seem to believe what I was telling him about my work situation and how I could get the time off work.

I was taken to the waiting room and had to wait for about 30 minutes before the next officer called me into the office. As I was half expecting it, I had asked my fiancée to scan and email me all of her paperwork that the she had (NOA1, NOA2 and Visa Centre approval with case number) to show them. I explained to him how I can get the time off work, and that along with the paperwork and proof of my return flight was more than enough to show him. He was an incredibly nice chap who wished us good luck on the visa and to have a good trip. He also appreciated the fact that being away from your loved one is difficult and seemed grateful I had a coherent story and wasn't trying to pull a fast one and obviously have other reasons to enter the country!

[Scodavvyy 5]

I'll be travelling to see my fiancee this Christmas and I am at the medical and interview stage of the K-1 so I hope I get one of the 'good' border guards.

My POE will be Fort Lauderdale, FL on the 11th Dec and I've been through there twice before both times for 5 weeks with me returning to the UK in March. Both times I said visiting my girlfriend and it was okay. This time it's 4 weeks and I'll be saying spending Christmas with my fiancee.

Some might wonder why I'm travelling when I only have the last two appointments and I'll have my visa. Truth be told i should already have got it and be over there but in mid-July my father found out his cancer had returned and he died 6 weeks later on his 70th birthday. I received the packet from the consulate during this but it was the last thing on my mind. The delays this unexpected event caused and the aftermath of dealing with his estate and getting the house he left me and my own home ready for sale pushed everything to the back of my mind. Only recently did I decide to make the necessary appointments and discovered that the first available interview date would be the 15th Dec. With me still having to sell two properties, I decided to push the interview till January so I could still travel on the ESTA I have and be with her for Christmas. I'm hoping having the interview date set and a return ticket will convince them if they ask, I'll also have the every scrap of paper from the K-1 process with me as well.

Fingers crossed