Travel on Visa Waiver while waiting for K-1?

[teamhoeskizalez 1]

My fiancee is from the UK and visited the USA this summer on a visa waiver, for about 2 months. During this period, we got engaged, and then he left to go back home while we waited for the New Year to hit and for his visitor visa to subsequently renew. Meanwhile, we had filed for the K-1 Visa using form I129F and received our NOA1 on Nov 17, 2010. It has now been two months since he left and we haven't heard anything, so we are looking to plan a trip for him to come out and visit me while we wait.

Our question is: Can he still travel on the visa waiver program as a visitor while we are waiting for K-1 approval?

I have heard conflicting opinions on this and I don't want to fly him out if he is only going to be turned away at the immigration desk. For all intents and purposes, he would be coming as a visitor, with a job and home still in the UK, and with a return flight already purchased so they shouldn't have any reason to think he is trying to stay. I'm just concerned that when they scan his passport at the arrivals desk at the airport, they would be notified of his pending K-1 application and deny him entry. Does anyone know what the best way around this is? I find it extremely unfair and frustrating that we have to wait upwards of 5-8 months to get the K-1 processed in the FIRST place, let alone be told we can't even visit each other while the application is pending.

Help please...

Ms. Hoeskizalez

[YuAndDan 153]

Yes, people from Canada do it all the time, as well as others.

HOWEVER! You may be requested to provide solid ties to home country indicating will not attempt to overstay your allowed stay, or attempt to adjust status.

FAQ: http://www.visajourney.com/faq/k1k2visa-I129f.html#3.15

[JoannaV 174]

he left to go back home while we waited for the New Year to hit and for his visitor visa to subsequently renew.

I don't understand this?

Then again, as far as visiting the USA whilst engaged goes, it is easiest to not return too quickly anyway.

He has spend longer in the UK than he did in the US, so he should be fine visiting again in the near future. If he has a job or rental agreement or college then he should bring proof of that.

I don't believe they know about the K1 application when they scan the passport, although I am sure one day they will implement such a thing. However, when they ask "Why are you visiting America?" his answer will probably have to be "Visiting my fiancee." So that is how they will find out about you. He should also bring the NOA1 for the K1 application. (Or a copy of it.) Hopefully this should help prove that he plans to immigrate lawfully in the future and is just visiting right now. Of course, it is possible that they will only ask to see his return ticket and not ask about K1 or anything at all. I hope so! The two times I visited my fiance I was not asked for anything else, I met nice border officials who were just happy for me that I was engaged haha, and didn't assume anything bad about my motives.

[Barbara J 115]

My fiancee is from the UK and visited the USA this summer on a visa waiver, for about 2 months. During this period, we got engaged, and then he left to go back home while we waited for the New Year to hit and for his visitor visa to subsequently renew. Meanwhile, we had filed for the K-1 Visa using form I129F and received our NOA1 on Nov 17, 2010. It has now been two months since he left and we haven't heard anything, so we are looking to plan a trip for him to come out and visit me while we wait.

Our question is: Can he still travel on the visa waiver program as a visitor while we are waiting for K-1 approval?

I have heard conflicting opinions on this and I don't want to fly him out if he is only going to be turned away at the immigration desk. For all intents and purposes, he would be coming as a visitor, with a job and home still in the UK, and with a return flight already purchased so they shouldn't have any reason to think he is trying to stay. I'm just concerned that when they scan his passport at the arrivals desk at the airport, they would be notified of his pending K-1 application and deny him entry. Does anyone know what the best way around this is? I find it extremely unfair and frustrating that we have to wait upwards of 5-8 months to get the K-1 processed in the FIRST place, let alone be told we can't even visit each other while the application is pending.

Help please...

Ms. Hoeskizalez

He can come visit you no problem , I am so tired of people using scare tactics about coming to visit fiance's in USA. (of course a gamble if you get someone in a bad mood) His K1 visa would not even be known about at airport as nothing is approved or on record for them. He has a return ticket yes? a permanent place of residence in UK yes? He has a job to go back to yes? If he wants to bring his NOA1 cool but there should be no problem. I visited my now husband and never had a problem either was asked who I was visiting and they said have a nice stay Barbara and welcome back. Some people on here will tell you different and have heard not nice stories but honestly I really think it is which country you are coming from wit these custom people as to who they get suspicious of.

He will be fine and hey I know it's a long time to be apart and if you can afford a trip to break the time up then bring him over and enjoy.

[Nich-Nick 3,354]

They do NOT know at the airport customs who has filed a K visa petition, not that it matters. I personally asked that of the two different CBP officers---one at the national help line and the other one on the desk at the airport in Houston. There is no rule that a pending K1 isn't allowed to visit. My fiance visited many times but for short visits several months apart. Longer stays (2-3 months) with short intervals back in the home country will more likely draw attention and further questioning. VWP is for tourists so act like a tourist and not somebody trying to spend more of their time in the US than at home.

[teamhoeskizalez 1]

All very helpful advice! Thanks to everyone who posted. We are hoping for a visit in Feb/March if we haven't received NOA2 by then. I'll just tell him to act like a tourist when he gets to the airport

[Berk 0]

Yes you can travel

I went in November whilst waiting for my K-1 and took a whole bundle of evidence with showing ties to the UK and the customs people didnt even want to look at it. They just asked the usual questions of:

How long you here for

What is the purpose of your visit

I checked with the US Embassy in London and they said traveling will be fine, just take evidence with you that show's clear ties to the UK and that indicates that you will have valid reasons to come back to the UK incase they asked questions.

Customs people in LA didnt seem to care lol

[carrie_a 6]

do you know - i never even thought to look this up. i flew heathrow to dulles on the 19th until the 30th of jan and we filed in december for k1. i had a smooth ride all the way through the POE and customs, everyone seemed in a good mood too which is always nice. they let me have my fingerprints and passport control done at the citizens portion and i had a little girly chat with the woman checking me (i always manage to somehow, they love the love stories!) and even told her as she had my passport in hand that i was here to see my fiance for a while, and that we had filed a k1 so we could live there together. she said congratulations and flashed me a big smile and i left with a big grin on my face. even without being pressed i admitted all and got a warm welcome to america.

big change from when i went from october til november, had my whole suitcase searched at customs! the man even laughed at the 'organised chaos' manner of my packing! so i wouldn't worry at all. i do feel silly for not checking now though. that would have been my luck!

Edited February 5, 2011 by carrie_a

[Shannenwvd 0]

Hi everyone,

I have my nao1 but nothing else yet. My fiancé and I have a son so I'm going to the states on Wednesday to introduce our baby to his grandparents. My fiancé is in the Air Force and will be working in Vegas for most of the time we're there while I will be in Georgia and Indiana with the baby.

I will have a letter from work saying I will return there from maternity leave a week after I land in the U.K. I am the chairperson of a charity so I have a letter from them too. I also have a car but the insurance runs out while I'm away. I have my phone bill too. I live with my grandparents so I don't have a tenancy agreement but can you think of anything else I can use to prove I will come home?

Thanks in advance!

Edited August 6, 2016 by Shannenwvd