Need advice on a visit strategy

[Carrie7003 7]

Hi All!

So my fiancé has visited the US a couple of times on an ESTA visa. On the third time trying to enter for another visit (his first visit after meeting me), he was denied entry and ESTA eligibility revoked. He was advised to apply for a tourist visa at the embassy in Rome if he wished to visit again. He did so and was denied because he couldn't make a convincing case that he would return to Italy, mainly because he didn't have a job contract at the time. This all happened about 1 year ago. Since then, I've submitted the 129-F and we are at the NOA1 stage. Also since then, he's gotten a job contract in Rome. I've visited him multiple times since he hasn't been able to come here.

We'd like for him to try for a tourist visa again at the embassy in Rome while we wait, thinking he's more likely to get an approval since he has a job now. If he does get approved for a 3 month tourist visa, he'd have to just leave his job rather than take vacation and return to Rome either when the tourist visa expires or he gets his interview date for the K-1.

Here's my question:

If he got approved for a tourist visa is a bad idea for him leave his job in Rome and go to the K-1 visa interview jobless? His apartment (and mailing address in Rome) is tied to his job so he'd lose his mailing address too. When the embassy needs to mailing him anything I guess we could use a friend's address or something, but we are mainly concerned about his job status. At the end of the day, if he got approved for a tourist visa, he could just use his 1 month vacation time and keep his job and apartment, but 3 months would be a seamless amount of time because his K-1 interview would land right around that time. Wew! Anyway, that's our story, I hope it's clear enough to get some great advice! Thanks!

[TheCaptain 67]

As you have already submitted an I-129F, there is going to be a higher burden of proof convincing the Consular Officer that your fiance will return home. This is due to the fact that as a couple you have shown immigration intent by submitting the I-129F visa application. This will be extremely hard to overcome. Him simply having a job is not likely going to be enough to prove your fiance will return home to complete the I-129F process.

Having him quit his job and leave his apartment is NOT going to help any situation and provide even more incentive for the CO to deny his tourist visa.

[Boiler 47,494]

So he is going to apply for a visa on the basis of a job which he will leave if he gets the visa?

Having a job at the time of the interview for an immigrant visa, or not is somewhat irrelevant.

[Carrie7003 7]

Yes we are already leaning towards the opinion that leaving the job and apartment in anticipation of the K-1 interview at the end of the year would be a bad idea.

What about just applying for the tourist visa and visiting me for his 1 month vacation? I read in the "yes you can visit" thread that having a pending 129-F application actually helped at the point of entry because it shows you are just visiting your fiancé and taking the appropriate legal path to immigration. (And demonstrate to the border officer you have no intent of messing that up)

[Boiler 47,494]

No harm visiting is you have a way to do so.