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

[JeanneAdil 6,514]

CBP can turn anyone away at any time

A canadian or UE or  other non fraud countries ,  it is easier for a person to visit

but with K1 petition in the computer system,  CBP can think she will marry here and adjust to stay

 

1.  make sure fiancee has round trip ticket to cover the 3 months  of study plus her travel days

2. Make sure she has proof of registration for the class 

3.  make sure when u go,  your business has a US business # for tax purposes so u have a US income to satisfy the petition

4.  make sure u file US tax returns when living in Kazakhstan

[milimelo 4,487]

So for three years she was capable and fluent in English to do an internship but now she needs time to learn English? That's very odd. 

[piggyback 4]

4 minutes ago, JeanneAdil said:

CBP can turn anyone away at any time

A canadian or UE or  other non fraud countries ,  it is easier for a person to visit

but with K1 petition in the computer system,  CBP can think she will marry here and adjust to stay

 

1.  make sure fiancee has round trip ticket to cover the 3 months  of study plus her travel days

2. Make sure she has proof of registration for the class 

3.  make sure when u go,  your business has a US business # for tax purposes so u have a US income to satisfy the petition

4.  make sure u file US tax returns when living in Kazakhstan

thank you very much and everything you said makes sense. 

can you please provide experience on my second question?

2 - If she get rejected at the airport and sent back to her home, will this affect our pending fiance visa? will she get ban for all types of visa if she gets rejected at the border?

[piggyback 4]

2 minutes ago, milimelo said:

So for three years she was capable and fluent in English to do an internship but now she needs time to learn English? That's very odd. 

i think you misunderstood. she returned home 3 years ago. not like she was in the usa for 3 years. she only did an intership for 6 weeks in the usa (it was a 3 month program but she had to return because she got job offer)

[Crazy Cat 41,919]

13 minutes ago, piggyback said:

she only did an intership for 6 weeks in the usa (it was a 3 month program but she had to return because she got job offer)

That is not exactly what you said earlier:

"She returned from the USA 3 years ago because she finished her internship(student program)."

 

Edited May 11, 2023 by Crazy Cat

[JeanneAdil 6,514]

11 minutes ago, piggyback said:

thank you very much and everything you said makes sense. 

can you please provide experience on my second question?

2 - If she get rejected at the airport and sent back to her home, will this affect our pending fiance visa? will she get ban for all types of visa if she gets rejected at the border?

no,  it will not 

unless a person lies to immigration/ CBP or is caught with contraband,  the K1 stands on its own merit /good proofs and lots of time  spent together and u will have that if u will be with here till visa is approved.   Just don't marry there as that would require a spouse

or marry and do the spouse visa as it has benefits that k1 doesn't

 

and ,  yes,  a person can learn a lot of English in just 3 months / saw many a foreign student do it at Cornell,  one man from India knew no English when he came. he was able to learn and graduate from Cornell

[Family 4,014]

54 minutes ago, piggyback said:

thank you very much and everything you said makes sense. 

can you please provide experience on my second question?

2 - If she get rejected at the airport and sent back to her home, will this affect our pending fiance visa? will she get ban for all types of visa if she gets rejected at the border?

You seem intent on risking an unpleasant border encounter with CBP, the outcome could vary wildly from misrep/fraud and ban to flying under the radar. 

Worth the risk, not really.

Remember she originally obtained the F-1 by representing a certain educational program …I doubt she requested only a few months for an internship…plus she has been out for more than a year.

[piggyback 4]

53 minutes ago, Crazy Cat said:

That is not exactly what you said earlier:

"She returned from the USA 3 years ago because she finished her internship(student program)."

 

i don't get it? i'm sorry.

"She returned from the USA 3 years ago because she finished her internship(student program)."

that is exactly right, she returned - from the usa - 3 years ago. she returned 3 years ago. i didn't say she lived 3 years. 

english is not my first language but i'm sure this sentence means she returned 3 years ago, not she lived 3 years because she didn't

[piggyback 4]

4 minutes ago, Family said:

You seem intent on risking an unpleasant border encounter with CBP, the outcome could vary wildly from misrep/fraud and ban to flying under the radar. 

Worth the risk, not really.

Remember she originally obtained the F-1 by representing a certain educational program …I doubt she requested only a few months for an internship…plus she has been out for more than a year.

thank you family, you are right about obtaining her first student visa. what you say makes sense and sounds right. things have changed and she returned early but i understand what you mean.

even if we try it, i know you can't know for sure but do you know if she can get a ban for her entire life for any type of visa for this? it sounds crazy to me but just wanted to ask. even people who commit real fraud gets forgiven when marrying us citizen and my girlfriend will really study and leave, and of course we will be together during that time.

visa issues is really stressful  

[piggyback 4]

49 minutes ago, JeanneAdil said:

no,  it will not 

unless a person lies to immigration/ CBP or is caught with contraband,  the K1 stands on its own merit /good proofs and lots of time  spent together and u will have that if u will be with here till visa is approved.   Just don't marry there as that would require a spouse

or marry and do the spouse visa as it has benefits that k1 doesn't

 

and ,  yes,  a person can learn a lot of English in just 3 months / saw many a foreign student do it at Cornell,  one man from India knew no English when he came. he was able to learn and graduate from Cornell

thank you... really. we won't marry for our own reasons and we will for sure not marry because why would we want to put ourself in danger when we have right to do it legally?

we just want to be together for 3 months and she studies at the same time. 

her school will put her in special class, of course it won't make her native speaker but at least it is a positive thing.

 

so you're saying, as long as we don't lie and say everything true, we will be fine? i just wanted to make sure we are not breaking any rule or law that we are not aware

[Crazy Cat 41,919]

8 minutes ago, piggyback said:

i don't get it? i'm sorry.

"She returned from the USA 3 years ago because she finished her internship(student program)."

that is exactly right, she returned - from the usa - 3 years ago. she returned 3 years ago. i didn't say she lived 3 years. 

english is not my first language but i'm sure this sentence means she returned 3 years ago, not she lived 3 years because she didn't

You said she "finished her internship".  That normally means completed the course....Then you said she terminated the program early.   As I said before, it seems to me that it would less expensive for you to re-locate to her country. You seem to have all the logistics already worked out.  

[piggyback 4]

26 minutes ago, Crazy Cat said:

You said she "finished her internship".  That normally means completed the course....Then you said she terminated the program early.   As I said before, it seems to me that it would less expensive for you to re-locate to her country. You seem to have all the logistics already worked out.  

i see your point, thank you for advise, i hope everything works out for you too.

[JeanneAdil 6,514]

52 minutes ago, piggyback said:

thank you... really. we won't marry for our own reasons and we will for sure not marry because why would we want to put ourself in danger when we have right to do it legally?

we just want to be together for 3 months and she studies at the same time. 

her school will put her in special class, of course it won't make her native speaker but at least it is a positive thing.

 

so you're saying, as long as we don't lie and say everything true, we will be fine? i just wanted to make sure we are not breaking any rule or law that we are not aware

not all will be fine

the CO can terminate the student visa   /all is up to CBP

and its up to u but i wouldn't try to cross with K1 in the computer system

[Boiler 45,581]

I have not seen somebody try this, I would anticipate an interesting conversation at the PoE.

 

The safest option would be to get that I 20 and apply for a new F1 based on that.

 

Not sure the School International Admissions would be expected to know so that leaves an Immigration Lawyer who knows F1.

[powerpuff 6,714]

If you’re going to go there in 3 months to live there to wait out the process, I just don’t see how this plan - that has a lot of moving parts and uncertainty - makes sense. And I don’t think it’ll make sense to CBP. I don’t think it’s worth the potential hassle and the potential unpleasant encounter with CBP. 3 months is not that long to wait to be reunited. Again, that’s my opinion. You’re free to take the risk.