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

[Mike E 11,739]

3 hours ago, piggyback said:

know if she can get a ban for her entire life for any type of visa for this?

Misrepresentation is a lifetime ban. 
 

Applying for a new F-1 will fail because F-1 is a single intent visa, whereas with her pending K-1 she has already indicated immigration intent.

 

Even if she was currently enrolled in a school in the U.S. with a valid F-1 and I-20, because the pending K-1 is immigration intent, she would likely be denied entry, and possibly get a 5 year ban for an expedited removal.

[Redro 4,611]

5 hours 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

K1 will take at least a year…. Right now I know you think she will be happy with only staying in the US for 3 months with you after so much turmoil. But, it would probably be cheaper if she started online English classes (consider a 1-1 tutor) she can then start lessons with someone in her home country and continue them until she moves to the US on her K1. You will probably want to have her continue studying English (and she will probably want to improve after her first 3 months). 
This time apart might seem difficult but it is nothing if you are planning on spending the rest of your life together. Concentrate on getting your business together while she stays in her home country and maybe you’ll be able to leave sooner than your planned 3 months… 

5 hours 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.

Be careful about any ceremonies you perform that might be seen as “marriage ceremony” in the eyes of the CO… 

[piggyback 4]

29 minutes ago, Mike E said:

Misrepresentation is a lifetime ban. 
 

Applying for a new F-1 will fail because F-1 is a single intent visa, whereas with her pending K-1 she has already indicated immigration intent.

 

Even if she was currently enrolled in a school in the U.S. with a valid F-1 and I-20, because the pending K-1 is immigration intent, she would likely be denied entry, and possibly get a 5 year ban for an expedited removal.

hi mike, i aggree that Misrepresentation is a ban but what are we Misrepresentation? she will really go to school for 3 months and we will not get married here and she will return back. does this sound risky?

also she is not getting a new f1, she already has it. please let me know your experience.

i know it can change but this is what i was referring to: 

 

[piggyback 4]

16 minutes ago, Redro said:

K1 will take at least a year…. Right now I know you think she will be happy with only staying in the US for 3 months with you after so much turmoil. But, it would probably be cheaper if she started online English classes (consider a 1-1 tutor) she can then start lessons with someone in her home country and continue them until she moves to the US on her K1. You will probably want to have her continue studying English (and she will probably want to improve after her first 3 months). 
This time apart might seem difficult but it is nothing if you are planning on spending the rest of your life together. Concentrate on getting your business together while she stays in her home country and maybe you’ll be able to leave sooner than your planned 3 months… 

Be careful about any ceremonies you perform that might be seen as “marriage ceremony” in the eyes of the CO… 

thank you. 

[TBoneTX 45,365]

1 minute ago, piggyback said:

does this sound risky?

Brother, you've been advised several times here that the plan carries a lot of risk.

I would not be willing to bear that risk if I cared about the future of my relationship.

There are alternatives, as suggested.

[piggyback 4]

3 minutes ago, TBoneTX said:

Brother, you've been advised several times here that the plan carries a lot of risk.

I would not be willing to bear that risk if I cared about the future of my relationship.

There are alternatives, as suggested.

i understand thank you, we will wait for k1 probably. maybe i didn't understand why it is so changeable  when some people say they successfully did it and when others say otherwise. i was wondering if i am overthinking this.

 

[Redro 4,611]

6 minutes ago, piggyback said:

hi mike, i aggree that Misrepresentation is a ban but what are we Misrepresentation? she will really go to school for 3 months and we will not get married here and she will return back. does this sound risky?

also she is not getting a new f1, she already has it. please let me know your experience.

i know it can change but this is what i was referring to: 

 

You can tell us your plans and intentions… because your English is great and you are writing not speaking…

the issue is so many of us think CBP won’t believe your fiancé and she could get into big trouble… you are explaining the situation to us… but will your fiancé be able to explain herself to CBP with her limited English after a long flight? It has the potential to go very wrong if she misspeaks because she is tied and nervous and they think SHE IS planning on staying in the US and marrying you… 

[Redro 4,611]

4 minutes ago, piggyback said:

i understand thank you, we will wait for k1 probably. maybe i didn't understand why it is so changeable  when some people say they successfully did it and when others say otherwise. i was wondering if i am overthinking this.

 

These people are visiting on ESTA not on student visa. 

[Mike E 11,739]

2 minutes ago, piggyback said:

i aggree that Misrepresentation is a ban but what are we Misrepresentation? she will really go to school for 3 months

1. The primary purpose of travel is not to further her education; it is to further develop her relationship with you.

 

2. It is not clear (to me at least) that her F-1 visa is even valid regardless what expiration date says. She terminated her program of study. So at the very least it seems she would need to go through the process in https://studyinthestates.dhs.gov/sevis-help-hub/student-records/transfers/complete-transfer-of-f-1-sevis-record . I would expect DHS to deny.

 

10 minutes ago, piggyback said:

 but this is what i was referring to

3. And the scope of that was visiting on a tourist status. You are trying to use an F visa as a tourist visa.

[TBoneTX 45,365]

6 minutes ago, Redro said:

will your fiancé be able to explain herself to CBP with her limited English after a long flight? It has the potential to go very wrong if she misspeaks because she is tied and nervous and they think SHE IS planning on staying in the US and marrying you… 

The risk is what CBP believes and concludes.

The agents (everywhere) are under great stress now.

Even at best, the agents are typically in a foul mood and are looking to nail somebody.

Their reaction is out of your control.

Do not risk this, or it will set you back for months/years or permanently.

A 3-month wait is a trifle, in view of the time frames of this immigration process.

Be patient and minimize your risk.

[Boiler 45,581]

2 hours ago, piggyback said:

hi mike, i aggree that Misrepresentation is a ban but what are we Misrepresentation? she will really go to school for 3 months and we will not get married here and she will return back. does this sound risky?

also she is not getting a new f1, she already has it. please let me know your experience.

i know it can change but this is what i was referring to: 

 

My comments are solely focused on the F1, if you had said she wanted to visit on a B2 I would not expect there to be an issue.

[SalishSea 17,857]

9 hours ago, piggyback said:

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. 

 

I can't see CBP believing that she would return home.  I don't even believe that.

[SalishSea 17,857]

9 hours 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.

Not smart.  At all.  People are denied for "traditional ceremony" all the time.

 

If you can run your business online abroad, why not just go there now?  She can take English lessons online.  Much less risky.

[piggyback 4]

4 hours ago, SalishSea said:

Not smart.  At all.  People are denied for "traditional ceremony" all the time.

 

If you can run your business online abroad, why not just go there now?  She can take English lessons online.  Much less risky.

you're right it makes sense, im curious.. what do you mean by people are denied by traditional ceremony? why traditonal ceremonies causes a denial?

thanks

Edited May 12, 2023 by piggyback

[piggyback 4]

4 hours ago, SalishSea said:

I can't see CBP believing that she would return home.  I don't even believe that.

you don't believe i'm saying she will? thank you anyway.