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

[Boiler 45,731]

Just now, piggyback said:

you're right it makes sense, im curious.. what do you mean by people are denied by traditional ceremony? i meant wedding ceremony in her country after she gets fiance visa and we return back after she gets her green card in the usa. i am curious why this causes a denial

thanks

K1 is for single people to marry in the US. Marry before and you nullify the visa.

[piggyback 4]

3 minutes ago, Boiler said:

K1 is for single people to marry in the US. Marry before and you nullify the visa.

thank you for explaining!

4 hours ago, Boiler said:

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.

i see, thank you again for explaining

Edited May 12, 2023 by piggyback

[piggyback 4]

7 hours ago, TBoneTX said:

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.

thank you for advise, i think doing it traditional way without making it complex makes more sense.

[Adam Macy 8]

Hi Estaban! I did not have the exact same situation you are describing but wanted to share my experience with you in case it is helpful. While my K1 fiancé visa was pending (I am a Spanish citizen, my now husband is a US citizen), I travelled 4 times to the US under the ESTA to come visit him and never had a problem at the border. I know it is not the exact same scenario you are describing because I used the ESTA and not a student visa but this is to confirm you that your fiancé can travel to the US while the K1 is pending. Last time I entered the US without my K1 visa having been approved, I did it for almost 3 months - which is the maximum amount of time I could stay at a time in the US when traveling with ESTA and the period you mentioned your fiancé program would last - and this time the border officer asked me if I had a returned flight ticket home - which I had - and I was let in. In my opinion, as long as you can prove to the officer that after the program is over it is her intention to return to her home country, I do not see why they would not let her in using her student visa which is a non immigrant visa in any case. Hope this is helpful. Good luck! 

[Sarah&Facundo 598]

2 hours ago, Adam Macy said:

Hi Estaban! I did not have the exact same situation you are describing but wanted to share my experience with you in case it is helpful. While my K1 fiancé visa was pending (I am a Spanish citizen, my now husband is a US citizen), I travelled 4 times to the US under the ESTA to come visit him and never had a problem at the border. I know it is not the exact same scenario you are describing because I used the ESTA and not a student visa but this is to confirm you that your fiancé can travel to the US while the K1 is pending. Last time I entered the US without my K1 visa having been approved, I did it for almost 3 months - which is the maximum amount of time I could stay at a time in the US when traveling with ESTA and the period you mentioned your fiancé program would last - and this time the border officer asked me if I had a returned flight ticket home - which I had - and I was let in. In my opinion, as long as you can prove to the officer that after the program is over it is her intention to return to her home country, I do not see why they would not let her in using her student visa which is a non immigrant visa in any case. Hope this is helpful. Good luck! 

 

To piggyback off of this, my now-husband traveled to the US during the K1 process multiple time on his B2 visa (not a student visa). Traveling to the US is okay if you have an appropriate visa (and there is still a question if your fiancé can use the same F1 visa, even though it has an expiration of 2025 since she will be attending a different program--but I don't know as much about that aspect). HOWEVER, the border patrol has to believe your fiancé intends to return home. In our personal experiences, my husband (then-fiancé) wasn't asked any questions any time he entered with his B2. They never asked for a return ticket, proof of returning home, and I don't even know if they even asked him how long he would be staying. He went through multiple airports  as his point of entry (Chicago, NYC). That isn't the same for everyone, just HIS experience. I know it turns out differently for many.

 

The point is, even if you intend on doing everything correctly and your fiancé truly does intend on returning home at the appropriate time, it all depends on what the border agent decides. There is NO ONE here who can tell you which way it will go. It's the luck of the draw of who she encounters, what questions they ask, and how the agent is operating on that particular day. So no one can give you an exact answer. What YOU BOTH need to decide is if this is worth a potential risk. Yes, it may work out very well. But what if it does not? This is what people here are saying.

 

And on another note, DO NOT DO ANY KIND OF TRADITIONAL CEREMONY BEFORE ENTERING WITH A K1. None. Nothing in her country, nothing in the US. NO Traditional ceremonies or you just went through the whole K1 process for nothing and will need to start all over again. 

 

Good luck!

[TexasRafael 134]

20 hours ago, Crazy Cat said:

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.

No, he clearly states she will come here for the 3 months, study English and go back and wait out for the K 1 to be approved.

[Redro 4,611]

1 minute ago, TexasRafael said:

No, he clearly states she will come here for the 3 months, study English and go back and wait out for the K 1 to be approved.

She has immigrant intent because she has a pending K1. She has to convince CBP that she does intend to return back to her home country after 3 months on her F1 visa. 
By having a K1 on file she has shown she wants to live in the US not just study their and return back to her home country 

[Crazy Cat 41,983]

50 minutes ago, TexasRafael said:

No, he clearly states she will come here for the 3 months, study English and go back and wait out for the K 1 to be approved.

That's what they all say...until they reach the baggage claim area.  A K-1 application indicates immigrant intent.  I don't see any strong ties to her home country.  Do you?  I am skeptical that she would return home.

Edited May 12, 2023 by Crazy Cat

[Jason Sypsa 0]

55 minutes ago, Crazy Cat said:

That's what they all say...until they reach the baggage claim area.  A K-1 application indicates immigrant intent.  I don't see any strong ties to her home country.  Do you?  I am skeptical that she would return home.

Damn, dude... can you just chill?! A K1 beneficiary can visit their US fiancé for up to 90 days with no problem. The agents usually only ask to see a return flight booked. End of discussion. The only legitimate caveat that has been raised is if the existing unexpired visa can be used for the future class.

[Boiler 45,731]

2 minutes ago, Jason Sypsa said:

Damn, dude... can you just chill?! A K1 beneficiary can visit their US fiancé for up to 90 days with no problem. The agents usually only ask to see a return flight booked. End of discussion. The only legitimate caveat that has been raised is if the existing unexpired visa can be used for the future class.

Not from Kazakhstan, Kazakhstan is not a VWP country.

[Rocio0010 5,580]

So what is she going to say when asked by CBP “what’s the purpose of your visit?”

[Crazy Cat 41,983]

23 minutes ago, Jason Sypsa said:

A K1 beneficiary can visit their US fiancé for up to 90 days with no problem.

 Please elaborate.  Some cases just don't seem to make a lot of sense.  In my mind, this is one of them.

Edited May 12, 2023 by Crazy Cat

[Rocio0010 5,580]

4 minutes ago, Jason Sypsa said:

with no problem

Missing the big picture here. She has a previous F1 visa (single use) that she plans on using to study English for three months while spending time with him.

 

Your line of thinking is exactly what gets people in trouble… thinking that if others did it with no problem, one can also try… missing the context

[powerpuff 6,744]

13 minutes ago, Boiler said:

Not from Kazakhstan, Kazakhstan is not a VWP country.

It certainly is not.

 

I’d like to also add that B2 ( aka tourist visa for those that might not know what that is) denial rate is high in my home country - around 44% last time I saw.

Edited May 12, 2023 by powerpuff

[powerpuff 6,744]

19 minutes ago, Jason Sypsa said:

A K1 beneficiary can visit their US fiancé for up to 90 days with no problem. The agents usually only ask to see a return flight booked. End of discussion.

Not everybody is privileged enough to be a citizen of EU/UK/Australia/New Zealand to freely visit their significant others in the US. I could not do that during our K1 process and we had to meet in a third country. I did not bother to apply for a B2 tourist visa due to 1) clear immigrant intent and 2) high B2 denial rate in my home country as I mentioned above.