Yes, you can visit!

[Crazy Cat 41,662]

1 hour ago, baze92 said:

I guess it really comes

down to how big of a risk it is during our interview when they see she was in America for three months on tourists visa visiting me.

There is no risk at the interview for having visited a fiance in the US.  ........

[baze92 33]

Yes I know... but there may be if she stays with me for 3/4 months. I have to imagine they look at that differently than a few weeks 

[Limey 551]

On 5/1/2020 at 10:00 AM, baze92 said:

Thanks for the clarification. Basically We are trying to decide if my fiancé should come to America on her tourist visa right now. With interviews closed , it’s probably a few more months until she will be able to do that. We’ve been apart five months now and I can’t enter Thailand either. 
 

I guess it really comes

down to how big of a risk it is during our interview when they see she was in America for three months on tourists visa visiting me.

Its not a risk at all for the interview.

I made several trips before and during the k1 process. At my interview in London the lady interviewing me asked if we'd seen each other since we first met - I told her we'd both traveled to see each other several times, and that I'd nearly been denied entry once and that we decided to meet in Canada the next time as a result. She laughed. What more proof do you need of a genuine relationship? Surely its more suspicious if you're quite happy to spend months away from each other?

[baze92 33]

That's good to know! But what was the longest stay in USA while awaiting k1? Ours would be 3-4 months

[Limey 551]

On 5/5/2020 at 7:39 PM, baze92 said:

That's good to know! But what was the longest stay in USA while awaiting k1? Ours would be 3-4 months

My longest was around 2 months (I visited on ESTA so max would have been 3 months), but I made around 6 trips over an 18 month period (mostly around 3-4 weeks each) before and during the k1. But that's irrelevant. If you're intending visiting on tourist visa, staying 4 months, leaving, and then returning again on a tourist visa within a few months you might expect a problem on that next trip. A k1 has immigrant intent, so that isn't an issue - the whole point of the k1 is that you'll stay permanently in the US, so its an entirely different set of criteria they are looking at. Spending time with your fiance is positive for the k1, so long as there is no illegal overstay, working while on tourist visa etc. I've never seen anyone on this forum have problems at the k1 interview for spending too much time (legally) with their fiance - but I've seen a few (especially in high fraud countries like Ghana, Nigeria, etc) where a lack of time together was viewed negatively.

[VisaDonnie 54]

On 4/18/2020 at 6:54 PM, mamba said:

My fiancé is Mexican, and we're are planning on filing the i-129f soon. She currently has a valid tourist visa, but we've been told by somebody else that went through the process that once we start the process for the K-1 visa that her tourist visa will automatically be invalid and she will not be able to visit the U.S. until the process is complete. Is this true?

Thats not true. My fiancé and I are in the process of a K-1 Visa (we are just waiting to interview) and she is currently stuck here on a B1/B2 Visa which is good for 6 months. I am in the process of extending her B1/B2 Visa for another 6 months since she cannot fly back to her home country with the pandemic going on.

[audacieux89 256]

On 4/18/2020 at 3:54 PM, mamba said:

My fiancé is Mexican, and we're are planning on filing the i-129f soon. She currently has a valid tourist visa, but we've been told by somebody else that went through the process that once we start the process for the K-1 visa that her tourist visa will automatically be invalid and she will not be able to visit the U.S. until the process is complete. Is this true?

Nope. She can still visit. I was able to visit my fiancé 2x after submitting my application. I already had a tourist visa before I filed, same as your fiancée. 

[Bluedream 0]

I'm waiting for the answer yes, that I will get my visa

[Girl777 2]

Does anyone know US restrictions for visitors at the land border now, I am Canadian citizen and my fiance Us citizen, we filed for K 1 visa and got I-129 F petition approved, Does US allow fiance like me to enter  into US for a weekend (or for longer time if rules in place) ? 

We just got a news in Canada two days ago where Canada allows for US immediate family to enter into Canada ( I still think we don;t qualify with fiance status for that anyways ) if Quarantined here for 14 days but even if we were allowed not an option for us as my fiance cant come for that long to be stuck here for 14 days as he has to work :-(

[Just Paul 4,595]

1 hour ago, Girl777 said:

Does anyone know US restrictions for visitors at the land border now, I am Canadian citizen and my fiance Us citizen, we filed for K 1 visa and got I-129 F petition approved, Does US allow fiance like me to enter  into US for a weekend (or for longer time if rules in place) ? 

Land borders are closed for tourism.  Ironically you can fly.

[HRQX 4,145]

23 hours ago, Girl777 said:

Does US allow fiance like me to enter  into US for a weekend

Yes if via flight; a recent example of a Canadian visiting the US:

 

23 hours ago, Girl777 said:

(or for longer time if rules in place)

Only some states have quarantine rules: https://www.usatoday.com/story/travel/destinations/2020/05/25/coronavirus-travel-restrictions-us-states-quarantine-requirements/5256975002/

[Becker 17]

Hi all. Just want a little advice. We are looking to file our I-129f soon but have questions about being able to visit. 
 

We are a little blown away by being able to/not being able to visit so we were thinking of waiting until I’m in the country to file the visa and knock 2 months out of the way. My first question is, if we file it while the beneficiary is in the US visiting with an ESTA, do we tick the box on the form that says “is your beneficiary currently in the United States” 38a - h. It also asks for a I-94 departure-arrival record number. How would we find that if we were currently in the US visiting when filing the I-129f?

 

Also, we have visited each other in US & UK for months at a time on at least 8-12 occasions. Will this be a negative when trying to enter the United States as a visitor while the K1 visa is in process. 

[HRQX 4,145]

4 hours ago, Becker said:

if we file it while the beneficiary is in the US visiting with an ESTA, do we tick the box on the form that says “is your beneficiary currently in the United States” 38a - h.

Yes, select "Yes" for that question.

4 hours ago, Becker said:

It also asks for a I-94 departure-arrival record number. How would we find that if we were currently in the US visiting when filing the I-129f?

https://i94.cbp.dhs.gov/I94/#/home "Get most recent I-94" button

4 hours ago, Becker said:

Also, we have visited each other in US & UK for months at a time on at least 8-12 occasions. Will this be a negative when trying to enter the United States as a visitor while the K1 visa is in process. 

Each entry is at CBP's officer discretion. IMO, she can still try to travel with ESTA. But, if she's in the UK, then she's currently subject to Presidential Proclamation 9996: https://www.federalregister.gov/documents/2020/03/18/2020-05797/suspension-of-entry-as-immigrants-and-nonimmigrants-of-certain-additional-persons-who-pose-a-risk-of To enter the US, she must first go to an unrestricted country (e.g. South Korea, Serbia, etc.) and stay for 14 days. Then she must travel to the US without transiting through Schengen Area, UK, Ireland, Iran, China, or Brazil.

4 hours ago, Becker said:

we were thinking of waiting until I’m in the country to file the visa and knock 2 months out of the way.

An approved I-129F petition is not a visa. The I-129F approval notice will say "This Form Is Not A Visa And May Not Be Used In Place Of A Visa."

[Boiler 45,390]

4 hours ago, Becker said:

Hi all. Just want a little advice. We are looking to file our I-129f soon but have questions about being able to visit. 
 

We are a little blown away by being able to/not being able to visit so we were thinking of waiting until I’m in the country to file the visa and knock 2 months out of the way. My first question is, if we file it while the beneficiary is in the US visiting with an ESTA, do we tick the box on the form that says “is your beneficiary currently in the United States” 38a - h. It also asks for a I-94 departure-arrival record number. How would we find that if we were currently in the US visiting when filing the I-129f?

 

Also, we have visited each other in US & UK for months at a time on at least 8-12 occasions. Will this be a negative when trying to enter the United States as a visitor while the K1 visa is in process. 

The quickest option would be to file now.

[SalishSea 17,766]

7 hours ago, Becker said:

Hi all. Just want a little advice. We are looking to file our I-129f soon but have questions about being able to visit. 
 

We are a little blown away by being able to/not being able to visit so we were thinking of waiting until I’m in the country to file the visa and knock 2 months out of the way. My first question is, if we file it while the beneficiary is in the US visiting with an ESTA, do we tick the box on the form that says “is your beneficiary currently in the United States” 38a - h. It also asks for a I-94 departure-arrival record number. How would we find that if we were currently in the US visiting when filing the I-129f?

 

Also, we have visited each other in US & UK for months at a time on at least 8-12 occasions. Will this be a negative when trying to enter the United States as a visitor while the K1 visa is in process. 

Just want to make sure that you realize that your USC fiance can certainly file the I-129F petition for a K-1 visa when you're visiting (or anytime), but you cannot enter the US on an ESTA visit with the intent marry, adjust status, and stay.  That is illegal.

 

You would have to return to interview in the UK after the petition is approved and sent to the London embassy.  All told, you're looking at close to a year now.

3 minutes ago, Jorgedig said:

were thinking of waiting until I’m in the country to file the visa and knock 2 months out of the way.

Not sure what you mean, but waiting to file will not 'knock 2 months out of the way.'