VISITING FIANCE IN THE US

[lilly1986 5]

Hi my dear VJers...i know this has been discussed a lot, but still i am worried. we have filled our petition for the K1 Visa on may 13th; NOA1 is from may 19th. i booked tickets to see my fiance (the USC) in august for his b-day. I will stay 12 days. Will i be ok? i have the binding ties. I am from germany so not from a fraud country...Does the officer see that i have a pending petition/visa? I am especially looking for an answer to my last question because i can not find any answer to that!

Thanks so much in advance, and any help is really appreciated!!!

Love from Germany, lea

[No-Where-Man 147]

Lily

Its hard to say , but in most cases (if not all what I saw), tourist visa is impossible specially when you have a petition pending with USCIS (specially immigration petitions

I dont know if the officer will be able to see it or no , but since many get denied based on pending applications with USCIS, so I believe they know or can see it

Hopefully someone have same experience be able to give you more info

Good Luck

[stronger 43]

But I don't believe Germany requires a visa. It is just passport control at entry inside the United States.

[Nigel&Meggie 40]

Hi my dear VJers...i know this has been discussed a lot, but still i am worried. we have filled our petition for the K1 Visa on may 13th; NOA1 is from may 19th. i booked tickets to see my fiance (the USC) in august for his b-day. I will stay 12 days. Will i be ok? i have the binding ties. I am from germany so not from a fraud country...Does the officer see that i have a pending petition/visa? I am especially looking for an answer to my last question because i can not find any answer to that!

Thanks so much in advance, and any help is really appreciated!!!

Love from Germany, lea

Germany is in the VWP so you should not need a separate visitor visa. I visited my wife (then fiancee) numerous times successfully whilst my petition was pending, once for the maximum 3 months. As long as you take plenty of evidence with you to show you have existing ties back home, then normally, it is ok. No guarantee though, some have been turned back at the border, so just mentally prepare yourself in case that happens. If that does happen, it has no negative effects on your petition by the way.

It is mostly believed that the officer does not see on the computer that you have a petition pending, although if he asks you who you are going to see etc, it is not advisable to lie! They will make notes on the system about what you tell them, so it's best to tell them the truth.

[Operator 1,925]

Hi Lea,

My Fiancée has come to the US four times in the past three years. Twice since I submitted our I-129F. Both of those times she carried copies of our petition and NOA1. Both of those times she explained to the immigration officer why she was here (visit her fiancé) and they never asked to see any of her docs, other than her tourist visa. The last time she came she wasn't even employed (she was doing free-lance work). She had her tourist visa prior us submitting I-129F.

You are from a VWP country...enjoy your flight!

BTW she is a 28 year old Chinese woman, granted not the highest fraud category but it's up there.

Edited June 30, 2011 by Operator

[Harsh_77 716]

Its all upto the CBP officer and how much you can convience him that you are not trying to commit fraud.

Even if he cannot see that you have filed for K1, you will have to disclose on the form the purpose of your visit and that would be normal question about having immediate relative in US and you will have to let them know you got a USC fiance.

You are not from fraud country, chances of you getting denied would be low, but there are still some chances its not a 100% thru and thru.

[Boiler 43,423]

A also visited several times without issue.

[lilly1986 5]

thanks everyone so far! i dont need a visa to go the states. i also think beeing german will actually help me with that also i prepared a letter from my boss....my boss is a lawyer, i´m a paralegal, i think i should be fine....what would u suggest to the question: what is ur purpose of this visit? should i say right away that i am gonna see my fiance or should i just go with "holidays" and wait for further question? i think, i am just freaking out....but it would suck badly, if they don´t let me enter. By the way, i am entering the states in chicago, don´t know if thats important...

[1HappyGuy 45]

Go with vacation and visiting friends. Don't volunteer any information, let them ask you. Be truthful if asked about anything.

[Nigel&Meggie 40]

thanks everyone so far! i dont need a visa to go the states. i also think beeing german will actually help me with that also i prepared a letter from my boss....my boss is a lawyer, i´m a paralegal, i think i should be fine....what would u suggest to the question: what is ur purpose of this visit? should i say right away that i am gonna see my fiance or should i just go with "holidays" and wait for further question? i think, i am just freaking out....but it would suck badly, if they don´t let me enter. By the way, i am entering the states in chicago, don´t know if thats important...

When I was asked the purpose of my visit, I said holiday. When they then asked who I was staying with, I said my fiancee. I was let in every time, although on one visit I did get an officer who was clearly having a bad day and gave me hell for 5 minutes...and then let me in!

[Ellesse 11]

Hi there

Just wanted to add that I visited my fiance between applying for I-129F and having the petition approved for three weeks, and didn't have any problems. In fact, it was the easiest POE I've had! I was asked the purpose of my visit, told them I was on holiday, and then replied 'my fiance' when asked who I was visiting. The officer also wanted to see my return ticket. I agree that answer only the questions they ask. To be on the safe side, I took my I-129F paperwork, just in case, my contract with work and a letter from my manager stating what I did for a living and when I was expected back in the UK.

Hope you have a great time with your fiance.

L

[aguilayserpiente 2]

Hi my dear VJers...i know this has been discussed a lot, but still i am worried. we have filled our petition for the K1 Visa on may 13th; NOA1 is from may 19th. i booked tickets to see my fiance (the USC) in august for his b-day. I will stay 12 days. Will i be ok? i have the binding ties. I am from germany so not from a fraud country...Does the officer see that i have a pending petition/visa? I am especially looking for an answer to my last question because i can not find any answer to that!

Thanks so much in advance, and any help is really appreciated!!!

Love from Germany, lea

Each Visa petition/request made has an independent set of legal issues. The K1 Visa petition is specifically granted for a person to enter to marry and with immigrant intent.

Unless there is a specific statute or regulation automatically disqualifying a member from a Visa Waiver Program nation from entering the US, you may do so.

Germany is a nation selected for the Visa Waiver Program (VWP), permitting persons to enter for business or pleasure without requesting a Visa. http://travel.state.gov/visa/temp/types/types_1262.html . Let us turn to the requirements. http://cbp.gov/xp/cgov/travel/id_visa/business_pleasure/vwp/faq_vwp.xml

However, there is the logical conflict between swearing non-immigrant intent as a VWP and the K1 Petition with a signed G-325a alleging immigrant intent.

At first sight, the risk of being perceived as a Visa violator or entrant without a proper purpose outweighs the short visit. Another option is to withdraw the I-129F petition, then enter as a VWP entrant or B2 Visa and explain to the border official that you intend to enter to marry and return home to Germany- period. The immigrant intent can be formed later, if at all (a rational person would think twice about giving up a European nation with universal healthcare, general access to employment, etc, to come to the US's shrinking economy and disposability of workers...and give up one's family in Germany).

On the other hand, withdrawing the I-129F petition to maybe later file a K3 spousal petition will delay being reunited another 2-9 months (if you choose to come live in the US).

On a separate note, I studied abroad in Europe for a year. I was impressed by the multiple political parties in each nation giving all of the constituents a voice, the social awareness of the people, the peoples' active civic participation, universal access to healthcare, discourse, etc. Perhaps, you would like a K1 Visa and adjustment of status to easily come visit your fiance's family or there is another personally compelling reason for wanting to permanently reside in the US. Most likely, you have thought long and hard about giving up Europe for a US of the "Last Picture Show" http://www.filmsite.org/lastp.html

and the "Cadillac Desert" http://www.wired.com/wiredscience/2010/12/southwestern-water-future/?pid=762 . However, only YOU know what is best for you and how you intend to make YOUR vision come true.

On the other hand, Lea, your European experience could refresh our spirit and outlook in the US.

Stay strong and may your dreams come true.

Edited July 3, 2011 by aguilayserpiente

[lilly1986 5]

Each Visa petition/request made has an independent set of legal issues. The K1 Visa petition is specifically granted for a person to enter to marry and with immigrant intent.

Unless there is a specific statute or regulation automatically disqualifying a member from a Visa Waiver Program nation from entering the US, you may do so.

Germany is a nation selected for the Visa Waiver Program (VWP), permitting persons to enter for business or pleasure without requesting a Visa. http://travel.state.gov/visa/temp/types/types_1262.html . Let us turn to the requirements. http://cbp.gov/xp/cgov/travel/id_visa/business_pleasure/vwp/faq_vwp.xml

However, there is the logical conflict between swearing non-immigrant intent as a VWP and the K1 Petition with a signed G-325a alleging immigrant intent.

At first sight, the risk of being perceived as a Visa violator or entrant without a proper purpose outweighs the short visit. Another option is to withdraw the I-129F petition, then enter as a VWP entrant or B2 Visa and explain to the border official that you intend to enter to marry and return home to Germany- period. The immigrant intent can be formed later, if at all (a rational person would think twice about giving up a European nation with universal healthcare, general access to employment, etc, to come to the US's shrinking economy and disposability of workers...and give up one's family in Germany).

On the other hand, withdrawing the I-129F petition to maybe later file a K3 spousal petition will delay being reunited another 2-9 months (if you choose to come live in the US).

On a separate note, I studied abroad in Europe for a year. I was impressed by the multiple political parties in each nation giving all of the constituents a voice, the social awareness of the people, the peoples' active civic participation, universal access to healthcare, discourse, etc. Perhaps, you would like a K1 Visa and adjustment of status to easily come visit your fiance's family or there is another personally compelling reason for wanting to permanently reside in the US. Most likely, you have thought long and hard about giving up Europe for a US of the "Last Picture Show" http://www.filmsite.org/lastp.html

and the "Cadillac Desert" http://www.wired.com/wiredscience/2010/12/southwestern-water-future/?pid=762 . However, only YOU know what is best for you and how you intend to make YOUR vision come true.

On the other hand, Lea, your European experience could refresh our spirit and outlook in the US.

Stay strong and may your dreams come true.

wow i read this 5 times now and i have to admit i have a hard time understanding what u r trying to say...guess my english kinda sucks sometimes....i will def not withdrawl the petition, that would be stupid....are u trying to say that i should better not visit?

and yes i do appreciate living in europe and i love it but i love him more :-) we have our reasons to live there and not here....i will def bring my european spirit to the US :-) been there, done that :-)

love from germany!

[Nigel&Meggie 40]

wow i read this 5 times now and i have to admit i have a hard time understanding what u r trying to say...

That post completely baffled me too!

Edited July 5, 2011 by Nigel&Meggie

[stronger 43]

This really wasn't that complicated of a question. I think Lea (Lilly1986) was just seeking reassurance. Need more love people.....MORE love.