Visiting US while K1 in process

[ABandIG 2]

Good morning everyone.

My fiancè is from MI and we just sent out our I-129F a couple of days ago.

Wandering around the forum I've noticed that the waiting time for NOA2 has gotten longer and longer lately (around 5 months) so I'm trying to ponderate about all the possibilities to meet with my fiancè again soon.

If I decide to take a vacation and travel to the US let's say after 8/9 months from my last visit, while my visa is still pending...is it going to affect it in any way?

Let's be clear, I know well that Homeland Security can decide about your entry in the US but if I honestly state that I have a K1 pending, that I do have a job back in my country, I do have a ticket back... why shouldn't I be allowed to enter as a visitor on a B2?

And let's suppose that they don't let me in, is that going to affect the whole K1 process?

I know that it's better to try to avoid this kind of situation, but I don't get why someone shouldn't be allowed in, just because there are epic long waiting timelines from their side. And they want you to prove an ongoing relationship...but they don't let you see your fiancè for months and months...Contradictions are fascinating x_x

Anyone who has experiences on this matter? Thank you all

[iampatricias 17]

If I decide to take a vacation and travel to the US let's say after 8/9 months from my last visit, while my visa is still pending...is it going to affect it in any way?

Let's be clear, I know well that Homeland Security can decide about your entry in the US but if I honestly state that I have a K1 pending, that I do have a job back in my country, I do have a ticket back... why shouldn't I be allowed to enter as a visitor on a B2?

There's no reason you should be denied entry if you bring proof of your pending petition, proof of your job, your return ticket, and anything else tying you to your home. Plus, if you are well-educated about the K1 process, I think that counts in your favour, because you are pursuing the legal means to immigrate instead of trying to scam the system.

If you are denied entry, it does not affect your I129f petition in any way, and it should have no effects on your K1 application.

In terms of personal experience, I've visited my fiance in the States though the VWP three times since applying. My situation might be different though because I live near the border, and cross back and forth even just to eat out with friends, and go shopping nearly every month. I'd say, don't fear! But be prepared!

[ABandIG 2]

Hoping for the best, and expecting the worse.

I know it can happen...I don't have properties here in Italy, but I do have a job and I'd have of course a return ticket (but experience taught me that this doesn't mean anything).

Of course your situation is different but I've been hearing about "red flags" and "getting ban" so I'm a bit worried O_o

I wouldn't mind losing the money of the ticket, I'd be just afraid of further conseguences.

Thanks for your help

[Penny Lane 8,159]

There are no consequences for attempting to visit the United States while your Visa is in process. The worst that could happen is that you could be denied entry. This will have absolutely no impact on your Visa application. Bring ties to your country (a letter from your employer stating when you're expected back, a return ticket) and be confident in your answers when you're questioned. Be truthful, be polite, and hope for the best. People go to the US during this process all the time and have no issues.

If you get denied, then you get denied and you know not to try again unless you have better proof in the future. You might be asked further down the road about being denied at the border and when/why, and just be honest. Your Visa will not be negatively impacted at all.

[ABandIG 2]

Thank you. This is what I needed to know.

I still don't know if I should tell them about the k1 pending or maybe just don't say unless they ask. I have been thinking about it and at the question "Why are you visiting the us?" it will be hard not to say I'm there for my fiancè, and that we're petitioning for a K1. So maybe just say it outwardly will be the best thing?

[Penny Lane 8,159]

Don't offer up information unless they ask for it. Just answer their questions. Simply say "I'm visiting my fiance."

[HeatDeath 430]

As part of your ties to Italy, bring a copy of your I-129F packet. That can be helpful when/if you need to prove to the CBP officers that you are financially committed to going through the immigration process properly.

Also lease/rental/mortgage agreements are good evidence of ties to Italy.

[ABandIG 2]

Unfortunately I don't have any lease/rental/mortgage agreements. I just graduated so I still live with my parents. But I do have a job and of couse I can bring the whole copy of the I-129 package with me.

But if I say "I'm visiting my fiance" I will probably be automatically questioned about it... I'm sorry I'm probably being paranoid but I had a bad experience with CBP officers.

[Penny Lane 8,159]

Unfortunately I don't have any lease/rental/mortgage agreements. I just graduated so I still live with my parents. But I do have a job and of couse I can bring the whole copy of the I-129 package with me.

But if I say "I'm visiting my fiance" I will probably be automatically questioned about it... I'm sorry I'm probably being paranoid but I had a bad experience with CBP officers.

You might be questioned about it, but it's important that you state your true reason for going. You don't want to be caught in a lie, it isn't worth the risk.