Can my fiance enter the US while her fiance visa is pending?

[piggyback 4]

Dear VisaJoruney community, i have a question regarding our special case. I'm writing this on behalf of my girlfriend (I am US citizen) because she doesn't speak english well.

 

She returned from the USA 3 years ago because she finished her internship(student program). She is in her home country now. Her student visa is still valid for 2025. We dated for 3 years and became engaged 2 months ago in her home country and I started the visa process for her last month (K-Fiance visa) and I live in denver. 

 

We want her to enter the USA with her old(not expired) student visa and documents from a language school to study english.

We will not get married in the usa. We will not apply for any other visa. She will return to her country in 3 months and finish the fiance visa process in her home. We will not cancel fiance visa application. she will not work here. we will actually return to her home country together. 

I just want her to be with me for 3 months and study english here and then she will return back home. She already has a student visa and she found a language school to attend and they said they can send her documents to bring airport.

She will go to classes in person. I will pay the tuition before flight. She has enough money to cover expenses for 3 months and I will support her too.

 

If she try to enter the usa again while our fiance visa is pending(in progress):

 

1 - Will she have problems at the airport? are we doing anything illegal? she got the student visa years ago for her intership program from collage and she returned on time.

2 - If she get rejected at the airport and sent back to her home, will this affect our pending fiance visa? Are we doing something stupid?

3 - Is there a risk they cancel her visa and ban her for the future visa(like our fiance visa) if she get denied at the airport? Is this worth a try? i can't read any laws to say this is not allowed. I heard people enter with visa when their green card is pending but we want to double check with other people's knowledge and experience.

 

Thank you very much for your help. Estaban. 

 

[Boiler 44,700]

Her I 20 is still valid?

[Crazy Cat 41,010]

Are you sure that visa is still valid? (sorry, @Boiler beat me to the question, LOL)

Edited May 11, 2023 by Crazy Cat

[Crazy Cat 41,010]

Seems to me that it would be much less expensive to just take this 3 month course after she arrives via the K-1?  

[piggyback 4]

Just now, Crazy Cat said:

Are you sure that visa is still valid?

hi sir, yes her visa is valid. she got visa for 5 years in 2020 and expiry date is January 2025.

She came to usa in 2020 and returned in the same year or begining 2021.

[Crazy Cat 41,010]

15 minutes ago, piggyback said:

I just want her to be with me for 3 months and study english here and then she will return back home.

Really?  She has immigrant intent as evidenced by the I-129f.  Honestly, one could argue that sounds like you are trying to bypass the long fiance visa process.

Edited May 11, 2023 by Crazy Cat

[piggyback 4]

3 minutes ago, Boiler said:

Her I 20 is still valid?

hi, she was told her school will send her i20 as soon as we provide financial document so it will be valid. they said they will send that document without a problem and it is from a university's language department for international students. 

[piggyback 4]

2 minutes ago, Crazy Cat said:

Seems to me that it would be much less expensive to just take this 3 month course after she arrives via the K-1?  

she recently lost her father and it was difficult time for both of us. i couldn't visit because of my work. 

this is a good opportunity for her to learn english and we will be together so 3 month expense is not problem (also she will live with me so expense and her school is affordable)

our k1 can take another year

[piggyback 4]

1 minute ago, Crazy Cat said:

I-20?

yes that is the name of document. she will receive a new valid I-20 from her school. i just talked to her school this morning. 

[Crazy Cat 41,010]

2 minutes ago, piggyback said:

she recently lost her father and it was difficult time for both of us. i couldn't visit because of my work. 

this is a good opportunity for her to learn english and we will be together so 3 month expense is not problem (also she will live with me so expense and her school is affordable)

our k1 can take another year

Learn English in 3 months?  One could argue that you just want to bypass the K-1 queue.....  

[piggyback 4]

3 minutes ago, Crazy Cat said:

Really?  She has immigrant intent as evidenced by the I-129f.

yes we will return together to her country for real. we will live together in her home country until her interview date. 

when her fiance visa is approved(it may take more than a year), we will move to usa together and live here.

this is our plan and wish.

[Crazy Cat 41,010]

1 minute ago, piggyback said:

yes we will return together to her country for real. we will live together in her home country until her interview date. 

But you said your work won't let you visit.

Edited May 11, 2023 by Crazy Cat

[piggyback 4]

Just now, Crazy Cat said:

Learn English in 3 months?  One could argue that you just want to bypass the K-1 queue.....  

that is how much we can afford, and 3 month is good time to at least improve. and her school has a special program for this. so we want to take the opportunity. we will not get married 100 % percent but i understand your concern. even if they force us we would not because according to our customs/traditions she has to have a traditional ceremony before wedding

 

Just now, Crazy Cat said:

But you said your work won't let you visit.

i will run my business online abroad in 3 months.

[Crazy Cat 41,010]

3 minutes ago, piggyback said:

that is how much we can afford, and 3 month is good time to at least improve. and her school has a special program for this. so we want to take the opportunity. we will not get married 100 % percent but i understand your concern. even if they force us we would not because according to our customs/traditions she has to have a traditional ceremony before wedding

 

i will run my business online abroad in 3 months.

Why not just re-locate to her country right now?  That would be much less expensive.

Edited May 11, 2023 by Crazy Cat

[piggyback 4]

Just now, Crazy Cat said:

Why not just re-locate to her country right now?  That would be much less expensive.

it is not about money now i cannot relocate because i have to phyiscally be in the usa right now. i am working hard now.. it is an online business that i have to ship products every day in person.

my plan is to hire someone to do this in person work and i run it online so i can live there. hope this clears all the questions about my job. it is a good oppurtunity for her to study here for 3 months, please believe in this. also of course we will be together and spend time together. this is not possible in her country. please believe in this.

i really appricaite time but please accept our plans and let me know if you have information about my questions.