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

[Boiler 45,731]

Just to be picky not all EU countries are VWP eligible and for example Japan is in the VWP.

[SalishSea 17,970]

5 hours 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 she will have to convince CBP of.

 

VJ veterans know that more often than not, “circumstances change” and the K-1 applicant decides to stay and adjust status. The OP’s gf has clear immigrant intent.

 

For those saying their own experiences of traveling on ESTA during the petition phase of the K-1, hopefully you see that this is a different situation.   My (now) husband did as well, but he had the ESTA/B2 prior to our petition filing, and he had very strong ties to home.

[piggyback 4]

On 5/12/2023 at 2:42 PM, SalishSea said:

That’s what she will have to convince CBP of.

 

VJ veterans know that more often than not, “circumstances change” and the K-1 applicant decides to stay and adjust status. The OP’s gf has clear immigrant intent.

 

For those saying their own experiences of traveling on ESTA during the petition phase of the K-1, hopefully you see that this is a different situation.   My (now) husband did as well, but he had the ESTA/B2 prior to our petition filing, and he had very strong ties to home.

Hi SalishSea, i understand your point and how you're not sure about my "true" intentions. many people said they won't do it but they somnehow changed their mind and now i look like them too and that is ok even though it is not true. I know you can't believe but my gf(fiance) will return. 

I have question even though: my gf already has the visa prior to our filing too, (like you said about your husband)

you say your husband did it as well, how is it very different for us:

Your husband had k1(immigrant) and esta(non immigrant) and he visited

my gf(fiance) has k1(immigrant) and k1(non immigrant) and you're saying this is too risky.

can you please explain? how is this different than you're husbands situation. at the end, it is all about visa intent. please know that it is ok if you "think" we are lying and trying to get married in the usa but i'm really trying to understand the reasons you say it and your experience,

again thank you for commenting and helping. 

[piggyback 4]

On 5/12/2023 at 9:42 AM, Redro said:

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 

hi redro, yes you are right my gf and i will have plans to live in usa so that's why we field for k1. true

it is also true that she had student visa before we file k1 and she returned without staying.

i know you can give any guarantee and everybody can have different experience and it is up to the officer at the airpot, i know this and it is ok but i heard many people visit or try to visit with a visa while k1 is pending, but i don't know why people here say, this is fraud in my case and too risky and she might get lifetime ban. what is it that we are doing so wrong. i don't understand why this is too risky because we are not lying.(i know you don't have to believe because all liars say the same) even if officers don't believe us at the airport, why would they ban her lifetime and deny fiance visa? is this common? this is all im trying to understand.

 

im hoping you can give more advise and thoughts, thank you again.

[Crazy Cat 41,983]

19 minutes ago, piggyback said:

i don't understand why this is too risky

Because she has no demonstrable reason to return home.  

Edited May 15, 2023 by Crazy Cat

[Mike E 11,741]

36 minutes ago, piggyback said:

why would they ban her lifetime and deny fiance visa?

Because she is using an F-1 visa as a tourist visa.

[piggyback 4]

2 hours ago, Mike E said:

Because she is using an F-1 visa as a tourist visa.

 

2 hours ago, Crazy Cat said:

Because she has no demonstrable reason to return home.  

i will say thank you to both but you guys are very judgmental and have assumptions. I don't believe(i am serious) you're coming from bad place but not sure if it makes any sense because everybody comes to this forum to seek help and this is NOT helpful. we are immigratnts that can't have tons of money to ask lawyers so we are (like many many other people) finding information on public forums. not ALL of us are fraud.

 

mike - i know you have this assumption because other people has done it, don't get me wrong, im not trying to be mean but she is not using it as tourist visa, SHE WILL go to school that she PAYS and she will return when school is done. Is it forbidden to do anything otuside of school like tourist do on student visa? is she required to NOT see anybody else and stay home during her stay so she is not using f1 as tourist visa? are f1 students not allowed to HAVE ANY REASON other than study like being with their loved ones? of course it is a BIG reason for her to come to usa for school because WE WILL BE TOGETHER while she is in school, of course the fact that i live in the us is a reason for her to study here. we never denied that but why is this a deadly sin?? or a illegal thing? 

 

crazycat - I guess when she got the visa, visa officer disagreed with you and guess what officer was right because SHE RETURNED HOME. now it is not different. my girlfriend has a family and life to return home and she will return. i don't know how you are so SURE about our true intentions. like you are in our head. no she won't change her mind magically as soon as she picks up her luggage. I KNOW OTHER PEOPLE have done it and you are right and you might have that assumption at the beginning but automatically assume everybody is the same is also WRONG. You are constantly assuming we are lying.

 

anyways, i really don't think you guys have bad intentions. i know that ALL "LIARS" or "FRAUD" people say similar things so you put everybody(for example; us) in same basket(i can understand it to some degree), but in some cases like this, it is not helpful. 

 

Edited May 15, 2023 by piggyback

[Crazy Cat 41,983]

36 minutes ago, piggyback said:

i will say thank you to both but you guys are very judgmental and have assumptions.

Both of us are objective and have been here for years.  I stand by my statements. I remain skeptical that she would return home after the 3 month course.  I think a Consulate Officer and CBP will be skeptical, too.  I see no reason for me to follow this thread any longer.  

Edited May 15, 2023 by Crazy Cat

[SalishSea 17,970]

4 hours ago, piggyback said:

Hi SalishSea, i understand your point and how you're not sure about my "true" intentions. many people said they won't do it but they somnehow changed their mind and now i look like them too and that is ok even though it is not true. I know you can't believe but my gf(fiance) will return. 

I have question even though: my gf already has the visa prior to our filing too, (like you said about your husband)

you say your husband did it as well, how is it very different for us:

Your husband had k1(immigrant) and esta(non immigrant) and he visited

my gf(fiance) has k1(immigrant) and k1(non immigrant) and you're saying this is too risky.

can you please explain? how is this different than you're husbands situation. at the end, it is all about visa intent. please know that it is ok if you "think" we are lying and trying to get married in the usa but i'm really trying to understand the reasons you say it and your experience,

again thank you for commenting and helping. 

- Using the F-1 visa as a tourist visa

 

- Weak  ties to home.   When my husband visited during the process, he had very strong ties to home.

 

- Sorry to hear that you feel judged in this thread.   You’re getting great feedback from experienced users.   You seem young and maybe a bit naïve.

 

You're free to take or leave the feedback here.   You asked/people responded.

[TBoneTX 45,591]

It might (might) help if your fiancee visits some other country, even briefly, and returns home before she attempts to visit you.

[Mike E 11,741]

1 hour ago, piggyback said:

we never denied that but why is this a deadly sin?? or a illegal thing? 

because education is not the primary purpose of her travel:

 

On 5/11/2023 at 9:50 AM, piggyback said:

I just want her to be with me for 3 months

This is visa fraud. 

 

[Boiler 45,731]

I could see her walking straight in, but could also see her end up in Secondary, that would not be good.

[piggyback 4]

2 hours ago, Mike E said:

because education is not the primary purpose of her travel:

 

This is visa fraud. 

 

seeing my fiance while she goes to school is visa fraud? ok. 

i clearly meant the only reason she chooses US versus UK or other english speaking country is because I also live in US, you call this fraud without knowing what we mean? understand before accusing. 

education is her primary purpose but like i said, i think you already made up your mind

thank you though for sharing the info. i won't take more time, thank you all!!

[piggyback 4]

2 hours ago, Boiler said:

I could see her walking straight in, but could also see her end up in Secondary, that would not be good.

thank you boilder, i think as long as we are honest and she returns after school, there shouldn't be a problem but i know there is no guarantee at the airport. she will use her visa for its purpose and return. i will just ask her to bring all the documentation she has.

 

[meladee 160]

The legal definition of an F-1 visa holder:

Quote

(F)(i) an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study consistent with section 1184(l) 1 of this title at an established college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in an accredited language training program in the United States, particularly designated by him and approved by the Attorney General after consultation with the Secretary of Education, which institution or place of study shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn

By the definition, your fiance would not be eligible because they intend to abandon their residence in the foreign country.