Foreign Fiance in USA without Me

[Stivendepr 22]

Can my foreign fiance enter the country without me the beneficiary? We both live in South Korea but her visa here expires before my job finishes. Could she enter the country a few days before I do? I doubt it would be an issue but betfer safe than sorry. 

[Roel 7,191]

No she cannot. 

[Stivendepr 22]

5 minutes ago, Roel said:

No she cannot. 

Is there any online resources where I can look at a rule for this? I didn't see anything for this in my search. 

[Roel 7,191]

This has been asked and answered many times on this forum. Using common sense - fiance visa is meant to reunite us citizen with their fiances.  If the U.S. citizen is not in the US then there is nothing to reunite - you need to travel before or with her. 

[Naes 12,205]

Why can't she if they proved domicile and the visa is already approved and the USC will follow in a few days?

[Roel 7,191]

Domicile is something different than physical presence. 

[Stivendepr 22]

4 minutes ago, Naes said:

Why can't she if they proved domicile and the visa is already approved and the USC will follow in a few days?

That is what I thought. She will have a place to stay, our home in America, and I would be at least 12 hours behind her and at most 4 days. We would be reunited then. 

[Naes 12,205]

3 minutes ago, Stivendepr said:

That is what I thought. She will have a place to stay, our home in America, and I would be at least 12 hours behind her and at most 4 days. We would be reunited then. 

I'm sorry. Even though I understand the above answer, I don't get the logic behind it too. What if my fiancé had to go to business trip right when I'm going?? I personally don't see a problem but maybe you can actually ask embassy or cbp(cbp actually answers questions)

[payxibka 10,044]

2 hours ago, Naes said:

I'm sorry. Even though I understand the above answer, I don't get the logic behind it too. What if my fiancé had to go to business trip right when I'm going?? I personally don't see a problem but maybe you can actually ask embassy or cbp(cbp actually answers questions)

We are talking about the government rules...  Logic does not apply

 

The below is from the US Embassy website for London:

You may not enter the United States to take up residence ahead of the U.S. Citizen petitioner.

 

https://uk.usembassy.gov/visas/after-the-interview/entry-on-an-immigrant-visa/?_ga=2.115481414.1153347947.1518894940-2118432735.1509223612

Edited February 19, 2018 by payxibka

[Naes 12,205]

6 minutes ago, payxibka said:

We are talking about the government rules...  Logic does not apply

 

The below is from the US Embassy website for London:

You may not enter the United States to take up residence ahead of the U.S. Citizen petitioner.

 

https://uk.usembassy.gov/visas/after-the-interview/entry-on-an-immigrant-visa/?_ga=2.115481414.1153347947.1518894940-2118432735.1509223612

Thanks and I get that but it says on immigrant visa. Entry on k visas doesn't say anything about it?

 

it only says to get married in 90 days and adjust status.

 

https://uk.usembassy.gov/visas/after-the-interview/entry-on-a-k-visa/

[payxibka 10,044]

1 minute ago, Naes said:

Thanks and I get that but it says on immigrant visa. Entry on k visas doesn't say anything about it?

 

it only says to get married in 90 days and adjust status.

 

https://uk.usembassy.gov/visas/after-the-interview/entry-on-a-k-visa/

True but K-1 is immigrant intent so is the same true by inference?

[Naes 12,205]

Just now, payxibka said:

True but K-1 is immigrant intent so is the same true by inference?

Wouldn't they put the same quote in that case? They made a whole different page about it with the entry requirements. And even made that part bold in the immigrant visa.

[Naes 12,205]

To the OP: just simply ask to the embassy, as it seems like the info may be slightly conflicted. K1 is non-immigrant however with immigrant intend. So cannot be count as immigrant visa. However as this is delicate, I think just asking about it would be better than making a mistake in this case.

[payxibka 10,044]

1 minute ago, Naes said:

Wouldn't they put the same quote in that case? They made a whole different page about it with the entry requirements. And even made that part bold in the immigrant visa.

Fair question...  Maybe in this situation the non-immigrant component of the visa is the higher priority for entry requirements

[Naes 12,205]

Just now, payxibka said:

Fair question...  Maybe in this situation the non-immigrant component of the visa is the higher priority for entry requirements

It is so incredible how they can leave us with conflicting information till the very end of this process...

 

But as you said I think logic does not apply to any part of this process