Visiting US petitioner- currently not working

[F&SS 16]

Hello everyone!

 

I have applied for the k1 visa back in May and we got an RFE and we responded on August 28. We’re still waiting for an approval but I do want to visit my fiancé in the U.S as his birthday is coming up in October and it’s his brothers graduation as well. 

 

I tried going back to visit him in March when we hadn’t started our paperwork but the CO wouldn’t let me through due to me not having ties to my own countries.

 

I am unemployed at the moment and I know this is the biggest thing that they look at. Has anyone gone through a similar experience? Should I bother trying, or they definitely won’t let me through?

 

thanks

[Boiler 45,486]

Not definitely, nothing to suggest it is a definitive rejection, probably likely.

[Hawksquill 151]

They want to see you're working but having proof that you've purchased a return ticket definitely helps, as well as evidence that you have reason to return to your home country - are you in school, for instance? Even having a part-time or volunteer gig, being a carer for an ill family member, mentioning that you live with family and they're expecting you back, or mentioning that you plan to attend a family reunion/wedding/something when you get back would probably help more than just saying you have no ties to your home country. 

 

Otherwise, don't overshare to the officers - definitely don't lie, but saying "I don't work and I'm visiting my USC fiance and we've applied for K1" makes them more likely to be suspicious that you don't intend to return to your home country.  When I visited my husband in his country before we were married, I usually said I was visiting friends (which was true, I was also there to see people other than him - if this isn't the case for you, don't lie) but hearing anything like "boyfriend" or "fiance" instantly raises red flags, especially if you don't work and don't seem to have strong ties. 

 

Maybe saying you're going for the birthday and graduation would help, as they're fixed events that show intention to return, rather than just an indefinite "visit." 

Edited September 8, 2019 by Hawksquill

[aaron2020 11,651]

You've been denied entry for lack of ties to your home country.  You're unemployed.  

 

Since your denied entry, what has changed to increase your ties to your home country?  

 

Since your denied entry, a US fiance has filed an I-129f for you to immigrate to the US.  That's increasing your ties to the US.

 

You would be fighting an uphill battle to be granted entry into the US.  

 

How would you convince CBP that you aren't using the visit to just live in the US with your fiance?