Travelling to US on B1/B2 visa while I-129F application is pending

[drenie_elyonie 12]

Hi! I'm a new member here in VJ and didn't think I would need to use the forum so early ) But here goes...

Me and my fiance applied for a K-1 visa and our NOA1 was May 24th of this year...We're still waiting for our NOA2. I was able to visit him before we filed our I-129F when I went to the US (Atlanta) last Feb 2, 2013 on a B1/B2 visa. My business trip was supposed to last for 6 months and I was given 6 months in my I-94 as well, but I stayed there for only 2 months, in a hotel in Atlanta, and I flew to San Diego twice to meet with my fiance (we weren't engaged yet at that time). I went back to the PH last April 10, 2013.

Now my company wants to send me again to the US for another business trip, and this time I'll be assigned in LA. I was wondering what my options were, and If I could even be allowed to return to the US for business purposes while we are waiting for NOA2. Right now here are the options I am considering, though I'm not sure if which of these are possible:

a. Enter using a B1/B2 visa, return to PH once NOA2 is approved and then go back to US using K1 visa (if I'm fortunate enough to get approved)

b. Enter using a B1/B2 visa, return to PH once NOA2 is approved and then go back to US using B1 visa again if my K-1 is not approved (I'm doubting if I can even go back to the US if my K-1 is denied by the embassy)

c. Cancel our I-129F petition, go to the US using B1/B2 visa and then get married there, then adjust my status while I'm in the US.(frankly this sounds impossible to me since CBP may deny me entry if they learn that we had filed and canceled our I-12F)

d. forget about this opportunity and going back to the US using the B1/B2, and just wait till my NOA2 is approved.

The only reason why I'm still considering accepting the opportunity that my company (a filipino company, btw) is giving me is because it will add to my experience of working with American companies in the US and might help when I need to find another job by the time I move to the US. Plus, they plan on sending me there by Aug 15, and that means I can be present at my fiance's birthday

I just want to know the best option. I don't want to run the risk of being banned forever :|

[canadian_wife 1,831]

a. The best plan

b. Your B visa may be cancelled if your K-1 is denied because of clear immigrant intent

c. visa fraud. You cannot use a clear non-immigrant visa to enter the US to adjust status. This can lead to a lifetime ban.

d. if you go to the US, why not go with your company?

Good luck

[atm 8]

Canadian_wife's advice is sound. When you enter the US on the B visa (for the business trip), take a letter from your company explaining that you have permanent ongoing employment in PH, and the purpose and duration of your trip.

[drenie_elyonie 12]

Thanks, atm and canadian_wife! I'm leaning towards "a" as well. I was also wondering, what do you think would be the best thing to do if ever they question me about the K-1? Of course, lying is not an option, but is it a good argument if I tell them that it is also one of the reasons why I need to return to the PH? Would it be a good idea to volunteer that information or should I just wait for them to bring it up?

[canadian_wife 1,831]

Nope, don't volunteer but don't lie. If they ask for 'family' in the US, they generally mean fiancés as well, and in that case simply state that you are going through the K-1 process and need to return to PI for the medical and interview.

Don't offer any more info than they ask but use it to your advantage by stating why you MUST return to PI

good luck

[drenie_elyonie 12]

Great! That sounds like a solid plan. I have the next few days to decide anyway, and we'll be consulting other sources, and browsing for similar topics here...this site has been SO helpful throughout our K-1 journey so far.

Thanks again!