Fiance' Visiting During K-1 Process

[TheZilla 0]

It's only been a little over a week since I sent off my I-129F and I'm keeping my spirits up about what lies ahead. Still, I read story after story and figure my fiance' and I are in for a very long haul.

Here's my question, to which I've read many conflicting answers when it's been posed before.

We want to spend Christmas together with my family here in the states this year. Is this even possible?

I've read that all he'll need to do is enter, acknowledge he's going through the K-1 process but just be prepared with proof of ongoing ties back in England, I.E. proof he's still employed and will return to work, his return ticket, etc. Then I've also read that this is entirely untrue, that it's not possible.

I've looked for information online that answers this question 'officially' but can't find any. Does anyone know where I could find some answers?

Any help is greatly appreciated.

[barryT 0]

For what it's worth:

I asked an attorney about that. We applied and the official date was March 22nd (now March 27th). Cécile came out here on March 20th and stayed until April 20th. I asked if this was a problem holding up the NOA2 approval. He said no. And if Cécile wanted to come here again before the NOA2, I should stress to her not to even mention to the customs people about the K-1 petition and that she was just here to visit friends.

The attorney is the husabnd of a coworker of mine and has been very helpful to me without even asking for a fee.

Again, for what it's worth.

[heathius 0]

zilla,

For your case this is definitely possible! Your fiance is from the UK, and is therefore part of the Visa Waiver Program. He does not need a visa to enter the US as a visitor. It does not cause any problems. In fact, he doesn't even need to mention the K-1 when he enters the country (unless the immigration officer at the airport asks about it, but I have never heard of this happening). Just make sure that he doesn't overstay the 90 day limit, and don't get married while he's there!

My fiancee has visited the US during the K-1 process, and has had no problems (Germany is also part of the VWP).

You are getting conflicting reports because it depends on where your fiance is from. For example, if your fiance was Chinese, he would have to go through a pretty complicated (and very scrutinized) process of getting a tourist visa. To get the tourist visa, he would have to supply a lot of evidence to show that he intends on returning to China. If there was a pending K-1, this might raise some red flags, and in some cases the US may not allow the tourist visa to be issued.

Start planning your Christmas! You will have no problems. Cheers!

[Carollin 0]

It's only been a little over a week since I sent off my I-129F and I'm keeping my spirits up about what lies ahead. Still, I read story after story and figure my fiance' and I are in for a very long haul.

Here's my question, to which I've read many conflicting answers when it's been posed before.

We want to spend Christmas together with my family here in the states this year. Is this even possible?

I've read that all he'll need to do is enter, acknowledge he's going through the K-1 process but just be prepared with proof of ongoing ties back in England, I.E. proof he's still employed and will return to work, his return ticket, etc. Then I've also read that this is entirely untrue, that it's not possible.

I've looked for information online that answers this question 'officially' but can't find any. Does anyone know where I could find some answers?

Any help is greatly appreciated.

No problem at all. I went to USA to visit my fiance and they have no any information about K-1 visa at all when they check my information. I guess it's because I havent got NOA2.

When they asked me why I came here, I said it's for traveling only. They gave me "6 months" stay.

I know waiting/being apart is really a hard time for a relationship. Seeing each other is better to get over this waiting period.

[Kat And Russ 0]

It's only been a little over a week since I sent off my I-129F and I'm keeping my spirits up about what lies ahead. Still, I read story after story and figure my fiance' and I are in for a very long haul.

Here's my question, to which I've read many conflicting answers when it's been posed before.

We want to spend Christmas together with my family here in the states this year. Is this even possible?

I've read that all he'll need to do is enter, acknowledge he's going through the K-1 process but just be prepared with proof of ongoing ties back in England, I.E. proof he's still employed and will return to work, his return ticket, etc. Then I've also read that this is entirely untrue, that it's not possible.

I've looked for information online that answers this question 'officially' but can't find any. Does anyone know where I could find some answers?

Any help is greatly appreciated.

No problem at all. I went to USA to visit my fiance and they have no any information about K-1 visa at all when they check my information. I guess it's because I havent got NOA2.

When they asked me why I came here, I said it's for traveling only. They gave me "6 months" stay.

I know waiting/being apart is really a hard time for a relationship. Seeing each other is better to get over this waiting period.

I am travelling to see My finace in 7 sleeps to be exact hehehe.... I was told you have to tell them you are visiting your fiance and you should never Lie about why you are visiting.... is this not the case?

Thanks!

Edited September 15, 2006 by Kat And Russ

[Yodrak 7]

TheZilla,

Possible? Yes. Probable? Endlessly debated.

A comment about those 'ties to the home country' - still employed, return ticket, and others. Jobs can be quit with a phone call, and a person who is planning to emigrate to the USA is planning to quit their job. It's just a matter of when, and it's not hard to wake up in the morning, decide 'today's the day', and pick up the phone or send an e-mail. Return tickets can go unused with little or no economic impact, after all round-trip tickets are generally less expensive than one-way. Similar for other so-called 'ties' that a K visa applicant fully intends to sever.

It can be difficult, but it's not impossible, to demonstrate that one will return to their home country after this visit even though they have a fiance(e) or spouse in the USA and intend to immigrate at an appropriate future time. But the kinds of 'hard' evidence usually suggested are not very strong evidence. The best evidence, the deciding factor, is most often the person's demeanor.

Yodrak

....

Here's my question, to which I've read many conflicting answers when it's been posed before.

We want to spend Christmas together with my family here in the states this year. Is this even possible?

I've read that all he'll need to do is enter, acknowledge he's going through the K-1 process but just be prepared with proof of ongoing ties back in England, I.E. proof he's still employed and will return to work, his return ticket, etc. Then I've also read that this is entirely untrue, that it's not possible.

I've looked for information online that answers this question 'officially' but can't find any. Does anyone know where I could find some answers?

Any help is greatly appreciated.

Edited September 15, 2006 by Yodrak