Start K-1 process before or after traveling to US?

[bspitz 0]

I have read all the FAQs, posts, etc., but was hoping to get some feedback on our situation.

My question: Given my foreign fiancee's situation (described below), is it better for us to start the K-1 process before she visits the US or after she has arrived?

The specifics: My fiancee (from a visa waiver country) has plans to visit the US for 3 months beginning in late May. We have all the materials needed to send a completed I-129F, etc. package. For timing reasons, sending them in now instead of late May/early June is preferable, but not essential.

She ended her job in March and is living temporarily in an apartment rented in her sister's name. She does have phone bills, bank accounts, and evidence of other assets in her home country.

My thoughts: Regardless of the K-1 process, her plans to stay for 3 months will mean that she will probably have to answer several questions about her trip, our relationship, and her ties to her home country. Admittedly, she could give only limited information without lying:

• Purpose? -- Visiting friends
  
• Where will you stay? -- With friend's family
  
• Why so long? -- So I can do a longer homestay and experience life in America
  
• What will you do? -- do private/informal English lessons, visit NY, Boston, DC, etc.
  

Still, we are worried that she will have to end up admitting to our relationship, and that more flags will go up for illegal marriage or overstaying.

If we have already started the K-1 process, it seems that all of these questions will be more likely. That being said, she can produce the application documents if necessary in order to show that we are following the proper legal route.

In sum: It seems like the bar she needs to clear for admission is lower if we haven't started the K-1 process; however, she can provide more evidence to clear that bar if we have started the K-1 process.

One final thought: Is there any value in showing evidence that I am in the process of applying for admission to the California Bar? --The significance being that there are extremely serious professional repercussions for me if I assist in a fraud of any type?

Thanks in advance for any advice!

[Bobby+Umit 161]

Before or After - no issues.

Answer honestly and show strong ties back home.

[Bernie C 24]

I dont think there is any relavance if you are applying for the California Bar, no more than if you were already an attorney which is "none".

File when your ready, it sounds like you are already familiar with the process and the rules. No sense delaying based on speculation.

It's really your decision. Is she from a country from which the US typically scrutinizes things more? There is no gaurantee with any visa waiver country and long visits typically are given more scrutiny than short visits.

Has she been here before? Any problems or issues? How long were the visits?

As Bobby+Umit said - answer everything honestly and show strong ties.

[bspitz 0]

Thanks for the responses.

She's from Japan, and has visited one time in each of the past 3 years for 2-3 weeks each time (I visited/worked in Japan during some of the gaps). She didn't have any problems those times, but they did want to know about me.

I was doubtful that mentioning the Bar application would be of any importance; I'm just trying to figure out more pieces of evidence to use to convince the immigration officer that we are committed to following the proper legal path. Given that my fiancee doesn't have a job or her own apartment back in Japan, I figure that every bit helps.

[Bernie C 24]

Unfortunatley there is no way to predict what might happen at CBP. So much is left at the discression of the officer. The best bet is to try and show strong ties to her home counrty. Sometimes they dont as much and sometimes they are real ball busters.

The fact that she has visited multiple times before I would think are a plus but I don't know how much they factor that in.

I delayed our filing so I could have another visit and strengthen our case but that wouldn't apply to you, sounds like you've got that well covered and the two of you just want to be together (I understand that completely )

If you file and then she comes - just be completely upfront.

Wish you all the best and hope everything works in your favor

[Rebecca Jo 1,962]

No doing private/informal English lessons while on the visa waiver.

If she tells CBP that's what she'll be doing, she'll get bounced for sure.

If she gets in by omitting that fact, but engages in lessons, that's against the terms of the VWP.

Edited April 16, 2010 by JohnnyQuest

[Bernie C 24]

No doing private/informal English lessons while on the visa waiver.

If she tells CBP that's what she'll be doing, she'll get bounced for sure.

If she gets in by omitting that fact, but engages in lessons, that's against the terms of the VWP.

All depends on whether this statement is in regards to receiving or giving.

If receiving - no problem

If giving - potential problem. There is nothing that disallows someone from engaging in providing enlish lessons if their is no monetary compensation received.

I was however a little confused when I orignally read that, I guess I went with the assumption that it was receiving since in most cases that would make more sense, however I see where it could apply to someone who has a good command of both languages to engage in the teaching or tutoring of others.

Maybe better to answer "What will you do" with - Everything I possibly can in the time I have available, baseball, hot dogs and apple pie! Make sure she roots for the Red Sox and not the damn yankees too

[bspitz 0]

No doing private/informal English lessons while on the visa waiver.

If she tells CBP that's what she'll be doing, she'll get bounced for sure.

If she gets in by omitting that fact, but engages in lessons, that's against the terms of the VWP.

A better characterization would probably be "Practicing English" (she won't be enrolling in any formal classes), but I guess it's best not to mention that at all in case there is any confusion.

[bspitz 0]

Maybe better to answer "What will you do" with - Everything I possibly can in the time I have available, baseball, hot dogs and apple pie! Make sure she roots for the Red Sox and not the damn yankees too

Absolutely the Red Sox Hopefully Matsuzaka will be healthy and effective by then!