To Travel, or Not to travel--with K1 pending

[Sarah&Facundo 576]

Hello! My fiance (from Argentina) is in the final steps for obtaining his K1. Here's the situation:

 

He has to submit all his medical/police records/etc and do his interview by November 8th. The US embassy already said they will not extend this when we asked for an extension.

 

HOWEVER, he already purchased a ticket a few months ago to spend 2 weeks with my family in the US for Thanksgiving before we knew about this deadline. He will be staying November 19-December 3rd. He already has a tourist visa and has spent time in the US with my family before, so he has shown he comes and leaves (and never stays more than 2-3 weeks).

 

The embassy email said they would be willing to keep his tourist visa valid for his travel and he can get his K1 later, even after the interview. I assume there would be some type of form for this.

 

He does NOT want to move to the US until February/March (which of course, we would then schedule the medical appointment towards the mid-to-end of October to remain within 6 months).

 

The embassy put a disclaimer at the end of the email saying he could have an issue at POE if he already has a K application in progress. Most likely because it looks like he could potentially overstay due to having a fiance. We do not know if they HAVE to put that disclaimer so protect themselves, because the woman emailing me isn't really aware of the rest of the situation. Here are my thoughts:

 

1.) He has a tourist visa already and has entered/exited before. He was in the US even after we submitted the I-129F and nothing happened. They just asked where he worked.

2.) He has a job and can get a letter saying he has to return. He has a bank account, credit card, etc.

3.) Why would he spend ALL of that money and time with this process to run to the US illegally? He would have to return to Argentina at some point for the K1 visa to be put in the passport. Assuming there would be a document for this, he would take it with him for the customs officer

4.) Since he is coming to the US for Thanksgiving, I would fly down to Argentina (likely with my mom) for Christmas/New Years. By the time November rolled around, I would have the tickets to Argentina which he can present as well. Why would we go to Argentina without him?

 

My fiance is freaking out about this and is petrified of being turned away by US customs. In my opinion, I think he would be fine as long as he brought all of the documents proving what I just listed above. I do think there is a high chance they will pull him out for secondary questioning, but as long as he can back up what he is saying, would he be okay? There are no lies being told at all whatsoever so there is no chance of getting "caught" or anything.

 

What are your thoughts? Should he travel to the US for Thanksgiving or cancel the ticket and lose the money?

[Redheadguy03 505]

So, he has a pending k1? He could very easily get turned away at customs since he's an intending immigrant. 

 

What's more important Thanksgiving or the k1 visa? Personally, I'd say the k1, get your lives started and don't risk messing up the process. 

[Sarah&Facundo 576]

5 minutes ago, Redheadguy03 said:

So, he has a pending k1? He could very easily get turned away at customs since he's an intending immigrant. 

 

What's more important Thanksgiving or the k1 visa? Personally, I'd say the k1, get your lives started and don't risk messing up the process. 

The problem is he already has a ticket. It isn't as much about the holiday, but the cost of canceling a ticket. And he has many reasons to come back with intent of fully moving in February or March

[Crazy Cat 39,261]

1 minute ago, Sarah&Facundo said:

The problem is he already has a ticket. It isn't as much about the holiday, but the cost of canceling a ticket. And he has many reasons to come back with intent of fully moving in February or March

Can't he change the ticket without losing the entire purchase price?

[Redheadguy03 505]

12 minutes ago, Sarah&Facundo said:

The problem is he already has a ticket. It isn't as much about the holiday, but the cost of canceling a ticket. And he has many reasons to come back with intent of fully moving in February or March

I know he has a ticket, but I wouldn't risk the k1 visa. That's a long process to risk for a vacation. 

 

He could try getting the trip rescheduled at a later date, possibly when he gets the k1 visa. Lots of airlines allow rescheduling for a fee.

 

You also need to consider that he may get turned away at customs for having a k1 in process, since that shows intent to immigrate at some point. It's happened before on here. 

Edited August 29, 2017 by Redheadguy03

[geowrian 22,335]

There's nothing wrong with the stated plan itself. However, having a pending K-1 case does set a higher bar to show that he will return. I understand the thought process behind "why would he go through all this just to break the rules now", but many others have done exactly that because they got tired of waiting or scared of the potential negative result abroad (or otherwise changed their mind after entering the US).

 

He'll likely be perfectly fine and admitted given his history. But the only way to know is to try. The alternative is to cancel the trip and wait it out, and lose whatever ticket costs already paid.

Edited August 29, 2017 by geowrian

[Unlockable 7,306]

12 minutes ago, Sarah&Facundo said:

The problem is he already has a ticket. It isn't as much about the holiday, but the cost of canceling a ticket. And he has many reasons to come back with intent of fully moving in February or March

 

@Sarah&Facundo I mean this with all respect and it is in no way a disrespect to you but that is not immigration's problem. They are doing their job. They have a process and, as mentioned, if a person shows immigrant intent they could be denied entry.

 

That is not to say that he will definitely be denied entry, but it could be the case.

[Sarah&Facundo 576]

4 hours ago, geowrian said:

There's nothing wrong with the stated plan itself. However, having a pending K-1 case does set a higher bar to show that he will return. I understand the thought process behind "why would he go through all this just to break the rules now", but many others have done exactly that because they got tired of waiting or scared of the potential negative result abroad (or otherwise changed their mind after entering the US).

 

He'll likely be perfectly fine and admitted given his history. But the only way to know is to try. The alternative is to cancel the trip and wait it out, and lose whatever ticket costs already paid.

My thinking is, he will have already been approved by November 8th. All he would have to do is go back for the sticker. He wants to wait-that's the difference. The question is, would the customs officer see it as a lie or not? He wants to come back for Christmas and for some job-related commitments that he wants to end on a positive note before leaving because we are considering moving back to Argentina someday and don't want to burn bridges. Plus he has a history of going and coming more than once.

 

I see what you are saying about people getting tired and just doing it anyway. I honestly never even thought of it in that way, and could totally see where this could happen. Thanks for bringing it to my attention! Seriously!

 

Gahhhh!! Time for some big decisions!!

[geowrian 22,335]

34 minutes ago, Sarah&Facundo said:

My thinking is, he will have already been approved by November 8th. All he would have to do is go back for the sticker. He wants to wait-that's the difference. The question is, would the customs officer see it as a lie or not? He wants to come back for Christmas and for some job-related commitments that he wants to end on a positive note before leaving because we are considering moving back to Argentina someday and don't want to burn bridges. Plus he has a history of going and coming more than once.

 

I see what you are saying about people getting tired and just doing it anyway. I honestly never even thought of it in that way, and could totally see where this could happen. Thanks for bringing it to my attention! Seriously!

 

Gahhhh!! Time for some big decisions!!

I hear ya...tough decisions always. Good luck!

 

I just re-read your entire post and think we overlooked a very important detail. At the interview - assuming it goes well - they will take his passport. It may take a week or 2 (or longer) to get it back. Furthermore, they typically revoke any other NIVs (like a tourist visa) at the time the K-1 is issued. And upon going through CBP with a K-1 in his passport, they will use the K-1 visa (which is only single-use). So if he intends to visit after the interview, it's unlikely to be possible...unless they don't take his passport. He can ask them to keep his passport, but I'm not sure on their policies in that circumstance with regards to how long they will "hold" the approved visa...that's something I think he needs to ask the embassy.

Edited August 29, 2017 by geowrian

[Sarah&Facundo 576]

1 minute ago, geowrian said:

I hear ya...tough decisions always. Good luck!

 

I just re-read your entire post and think we overlooked a very important detail. At the interview - assuming it goes well - they will take his passport. It may take a week or 2 (or longer) to get it back. Furthermore, they typically revoke any other NIVs (like a tourist visa) at the time the K-1 is issued. And upon going through CBP with a K-1 in his passport, they will use the K-1 visa (which is only single-use). So if he intends to visit after the interview, it's unlikely to be possible...unless they don't take his passport. He can ask them to keep his passport, but I'm not sure on their policies in that circumstance with regards to how long they will "hold" the approved visa...that's something I think he needs to ask the embassy.

The embassy said they would allow him to keep the passport with the tourist visa and come back to get the K1 later. That's what I was referring to earlier when I said he has to go back for the K1 sticker. Why would he go through all of this AND get the sticker to just run into the US illegally?

[geowrian 22,335]

Just now, Sarah&Facundo said:

The embassy said they would allow him to keep the passport with the tourist visa and come back to get the K1 later. That's what I was referring to earlier when I said he has to go back for the K1 sticker. Why would he go through all of this AND get the sticker to just run into the US illegally?

Awesome. I'm glad they're cooperative. It's not really a sticker...it's the visa itself. I was a bit confused by that. haha I get it now.

[Sarah&Facundo 576]

21 minutes ago, geowrian said:

Awesome. I'm glad they're cooperative. It's not really a sticker...it's the visa itself. I was a bit confused by that. haha I get it now.

Yes, sorry. My fiance and I always joke about the visa "stickers." How one sticker can stand between you and your future hahahaha

They were definitely cooperative but their disclaimer on the email is making me think twice. He has every reason to return and obviously wants his K1 that he would have already been approved for. That's why this is a hard choice.

[Peot 128]

I don't think this will be easy. Proving ties is difficult when you have an APPROVED K1 waiting for you at home.

 

What you could certainly do (and as I have done with varying luck) is actually contact the POE your fiance will be landing at. Ask questions. Ask them what they look for and how you can go about it legally. It's difficult to find actual phone numbers for specific border crossings, but they are out there. I have more than once called the POE to ask a question about what to bring them while crossing, and they have always been very helpful and patient.

 

They may straight-up say "we do not advise this" or may suggest what to bring in terms of ties to his home country. 

 

It doesn't hurt to ask if you can manage to speak to a human.

[Sarah&Facundo 576]

18 minutes ago, Peot said:

I don't think this will be easy. Proving ties is difficult when you have an APPROVED K1 waiting for you at home.

 

What you could certainly do (and as I have done with varying luck) is actually contact the POE your fiance will be landing at. Ask questions. Ask them what they look for and how you can go about it legally. It's difficult to find actual phone numbers for specific border crossings, but they are out there. I have more than once called the POE to ask a question about what to bring them while crossing, and they have always been very helpful and patient.

 

They may straight-up say "we do not advise this" or may suggest what to bring in terms of ties to his home country. 

 

It doesn't hurt to ask if you can manage to speak to a human.

That's a great idea! I didn't even realize you could ask them that. I am actually in Argentina right now and will be going back to the US. I thought about asking them there but since it is always rushed when I am there, I wasn't sure if the officer would sit there patiently enough to answer my questions. Calling someone would be super helpful.

 

The thing is, he definitely does have ties here. He is in the same exact situation he was when he went for the tourist visa.

[SocratesJohnson 6]

4 hours ago, Sarah&Facundo said:

The embassy said they would allow him to keep the passport with the tourist visa and come back to get the K1 later. That's what I was referring to earlier when I said he has to go back for the K1 sticker. Why would he go through all of this AND get the sticker to just run into the US illegally?

That is pretty awesome that they are allowing a concurrent tourist and K1 visa. I would feel nervous, too, thinking that visiting might jeopardize the status of the K1, but not so much nervous about a visit while a K1 was in the works in and of itself.....it's just that you're in the final stages that makes it slightly tricky. Anyway, congratulations, you're nearly there! How exciting!