This response from an online attorney at JustAsk has me in tears... say it isn't so!

[T_P 872]

Well, what I can say is that I did travel during my K1 and had no issues with it. Will not go through the details due the previous valuable posts here already but you sure have not only mine but many other cases where people traveled during their K1 process.

 

Good luck @Sapphite

[trudi 1,317]

I visited plenty during the K1 process and had no problems, didn't carry any proof of ties either but I do come from a low risk country:)

[geowrian 22,335]

I'm going to start suggesting nobody try to ever enter on a valid visa. Or to even apply for a US visa. That way they can never get banned.

Now where's my big-time lawyer bucks?

 

Race & color have the same bearing on entry as shirt color and height. There's always a reason an officer can find to deny entry.

[Unidentified 2,930]

27 minutes ago, Boiler said:

I have never taken such documentation, just what was in my wallet.

 

How many visitors do?

You mean a copy of the NOA? I did. I brought a copy of the whole packet to be on the safe side and was never asked for it. My now husband told me to do it so I did. In hindsight I know it was unnecessary but I just wanted to come visit

[Ivy. 113]

The attorney's response is bull. Everything is looked at a case to case basis.

 

This is my case:

• Tourist visa 1  - visiting a friend (6m visa, multiple entry)
• Tourist visa 2 - visiting a boyfriend (3m visa, one entry)
• Tourist visa 3 - visiting a fiancee (10y visa, multiple entry)
• Marriage
• Visiting the US 2x times BEFORE submitting paperwork for the immigrant visa
• IR-1 paperwork submitted
• Flying to the US THREE more times while my paperwork was processing, once pregnant and once with a USC child in my hands (!)
• Getting approved for an immigrant visa, flying in to move to the US (again, with my child)

 

Always, always, always say the truth. Answer what they ask. Do not volunteer extra information. They likely either already know or do not care. But always tell the truth. I was worried I would have issues getting that third tourist visa, I had no issues. They asked me what the plan was, I pretty much laid out our 5y plan and the woman laughed at me saying "You have it all planned out, don't you?" I said "Well we spend a lot of time talking"

 

Good luck, from what you say, she looks like a low risk case and you should not have any issues. <3

Edited May 13, 2018 by TBoneTX
offensive term edited

[NYCruiser 423]

18 hours ago, Sapphite said:

What we asked....

Hello, My fiancée, Leda and I have filed the I-129F petition for a fiancée Visa. The Petition is at the California Center and based on the timeline on the USCIS website, our petition will be reviewed in mid-September.
We are planning for Leda to visit me in July in California during her holiday from school in Rio de Janeiro where she is a teacher's assistant for the city.

 

We have three questions.

• First, in addition to the notarized invitation to visit me in July (with the specific dates) and her round trip ticket what other documentation would you recommend she bring with her to prove "ties to home"?
• Second, when the immigration officer asks her for the relationship between us, how should she respond?
• Third, we understand that Atlanta may not be the "best" airport for her arrival in the States.
  (She has a B1/B2 Visa and has been to the US before.)
  Do you have any thoughts or recommendations on the airport she should fly into in July?

 

This is the response...

Well, unfortunately, she's going to have a problem at the port of entry. She is not supposed to visit when she has immigrant intent. I understand that you state that she will go home after her visit, but they just won't believe her.
One of three things can happen if she tries and is not able to convince them:

1. They will allow her to withdraw her request to enter the U.S. and she can go home, no penalty.
2. They will not allow her to withdraw her request to enter the U.S. and will order her excluded. This has a 5 year penalty that she cannot come back unless she gets a very hard to get waiver.
3. They will not allow her to withdraw her request to enter the U.S. and they catch her in a lie and they exclude her with a permanent bar due to fraud and/or misrepresentation and with that charge she cannot come back unless she gets a very hard to get waiver.

So I wouldn't even try. Go visit her instead of her coming to visit you. I wish I had better news for you, but I am trying to keep her from getting in trouble and I hope you realize that.

 

Considering everything I have read on this forum, his response seems harsh and doesn't align with the experiences detailed here on the forum.

We would appreciate any guidance from people who have actually experienced the process.

 

In gratitude, Leda and Lani

 

Your lawyer is right in many ways. Thought he or she did not advise you that the notarized statement that you will give her is worth nothing. Best advise I can give her is be 100%.no...1000% honest with CPB Inspectors at the airport. State that a K1 has been applied for, etc etc....and the relationship. Changes she will get a Secondary and be told to withdraw as your lawyer says in #1.

#2 or #3 is if she lies. 

 

Sounds like a waste of money on an airline ticket. Best you visit her

[JMCKNG 156]

19 hours ago, Sapphite said:

What we asked....

Hello, My fiancée, Leda and I have filed the I-129F petition for a fiancée Visa. The Petition is at the California Center and based on the timeline on the USCIS website, our petition will be reviewed in mid-September.
We are planning for Leda to visit me in July in California during her holiday from school in Rio de Janeiro where she is a teacher's assistant for the city.

 

We have three questions.

• First, in addition to the notarized invitation to visit me in July (with the specific dates) and her round trip ticket what other documentation would you recommend she bring with her to prove "ties to home"?
• Second, when the immigration officer asks her for the relationship between us, how should she respond?
• Third, we understand that Atlanta may not be the "best" airport for her arrival in the States.
  (She has a B1/B2 Visa and has been to the US before.)
  Do you have any thoughts or recommendations on the airport she should fly into in July?

 

This is the response...

Well, unfortunately, she's going to have a problem at the port of entry. She is not supposed to visit when she has immigrant intent. I understand that you state that she will go home after her visit, but they just won't believe her.
One of three things can happen if she tries and is not able to convince them:

1. They will allow her to withdraw her request to enter the U.S. and she can go home, no penalty.
2. They will not allow her to withdraw her request to enter the U.S. and will order her excluded. This has a 5 year penalty that she cannot come back unless she gets a very hard to get waiver.
3. They will not allow her to withdraw her request to enter the U.S. and they catch her in a lie and they exclude her with a permanent bar due to fraud and/or misrepresentation and with that charge she cannot come back unless she gets a very hard to get waiver.

So I wouldn't even try. Go visit her instead of her coming to visit you. I wish I had better news for you, but I am trying to keep her from getting in trouble and I hope you realize that.

 

Considering everything I have read on this forum, his response seems harsh and doesn't align with the experiences detailed here on the forum.

We would appreciate any guidance from people who have actually experienced the process.

 

In gratitude, Leda and Lani

 

I completely wouldn't over analyze their response. I was the same with my fiance who was visiting me from Spain and the interviewers in Chicago treated him very casually. Simply asked:

"Why are you here?"

"To see my fiance"

"When do you leave"

"2 weeks" (He had his proof of round trip ticket in case but they didn't even ask)

"Okay carry on"

[Boiler 43,447]

23 minutes ago, NYCruiser said:

Your lawyer is right in many ways. Thought he or she did not advise you that the notarized statement that you will give her is worth nothing. Best advise I can give her is be 100%.no...1000% honest with CPB Inspectors at the airport. State that a K1 has been applied for, etc etc....and the relationship. Changes she will get a Secondary and be told to withdraw as your lawyer says in #1.

#2 or #3 is if she lies. 

 

Sounds like a waste of money on an airline ticket. Best you visit her

IIf the question had been what could happen if I lie and am found out, you have a point.

 

Never volunteer anything, answer an questions succinctly, the old adage of Do you know the time? comes to mind, answer is yes or no.

[Prof_Q 9]

I wouldn't risk it. Especially nowadays where things are more scrutinized and y'all have made it this far. But that's just me. 

[Crazy Cat 39,267]

It seems to me that the people who are denied entry when trying to visit their fiance or spouse are almost always those people who have tried to "live" in the US by staying for long, frequent visits.  I don't recall anyone in your specific situation being denied.  It seems to me that she has sufficient evidence to show she will return to her country after the visit.

[Boiler 43,447]

1 minute ago, missileman said:

It seems to me that the people who are denied entry when trying to visit their fiance or spouse are almost always those people who have tried to "live" in the US by staying for long, frequent visits.  I don't recall anyone in your specific situation being denied.  It seems to me that she has sufficient evidence to show she will return to her country after the visit.

There is always a looooong story that may not be immediately apparent.

Edited April 10, 2018 by Boiler

[Crazy Cat 39,267]

1 minute ago, Prof_Q said:

I wouldn't risk it. Especially nowadays where things are more scrutinized and y'all have made it this far. But that's just me. 

The absolute worst case scenario is that she will have to immediately return.  There will be no ban.

[rachied26 127]

19 hours ago, Sapphite said:

What we asked....

Hello, My fiancée, Leda and I have filed the I-129F petition for a fiancée Visa. The Petition is at the California Center and based on the timeline on the USCIS website, our petition will be reviewed in mid-September.
We are planning for Leda to visit me in July in California during her holiday from school in Rio de Janeiro where she is a teacher's assistant for the city.

 

We have three questions.

• First, in addition to the notarized invitation to visit me in July (with the specific dates) and her round trip ticket what other documentation would you recommend she bring with her to prove "ties to home"?
• Second, when the immigration officer asks her for the relationship between us, how should she respond?
• Third, we understand that Atlanta may not be the "best" airport for her arrival in the States.
  (She has a B1/B2 Visa and has been to the US before.)
  Do you have any thoughts or recommendations on the airport she should fly into in July?

 

This is the response...

Well, unfortunately, she's going to have a problem at the port of entry. She is not supposed to visit when she has immigrant intent. I understand that you state that she will go home after her visit, but they just won't believe her.
One of three things can happen if she tries and is not able to convince them:

1. They will allow her to withdraw her request to enter the U.S. and she can go home, no penalty.
2. They will not allow her to withdraw her request to enter the U.S. and will order her excluded. This has a 5 year penalty that she cannot come back unless she gets a very hard to get waiver.
3. They will not allow her to withdraw her request to enter the U.S. and they catch her in a lie and they exclude her with a permanent bar due to fraud and/or misrepresentation and with that charge she cannot come back unless she gets a very hard to get waiver.

So I wouldn't even try. Go visit her instead of her coming to visit you. I wish I had better news for you, but I am trying to keep her from getting in trouble and I hope you realize that.

 

Considering everything I have read on this forum, his response seems harsh and doesn't align with the experiences detailed here on the forum.

We would appreciate any guidance from people who have actually experienced the process.

 

In gratitude, Leda and Lani

 

Now I'm not an expert but we visited the USA whilst I had k1 visa going thru and they didnt send me to secondary or anything. purpose of visit, visiting my fiancé. That was it, don't get too stressed!! Good luck in k1 process

[desireelb14 4]

Hi there, my fiance and i have been through something similar not too long ago. I had time off work in January 2018 and wanted to visit my fiance for a week in the US. I searched and searched for a direct answer to whether we should try but I couldn't find one. So I went ahead booked my interview and attempted to get a tourist visa. I had all the proof in the world to prove I had every Intention of coming back after a week. When I went to the interview the first thing  they saw was the petition my finance had filed, the counsler officer asked me to confirm that I am currently in process for a k1 , I said yes (never ever lie). After that he just handed me a letter and said I suggest you wait for your K1 visa and said I was illegible for a visa. He didn't even ask for to see any of my proof. I tried to tell him I had proof but said sorry he can't help. Once you apply for the K1 visa you already showing Intent to immigrate. I would suggest just avoid the whole idea. You visit her and save yourselves time, money and tears. 

[Crazy Cat 39,267]

13 minutes ago, desireelb14 said:

Hi there, my fiance and i have been through something similar not too long ago. I had time off work in January 2018 and wanted to visit my fiance for a week in the US. I searched and searched for a direct answer to whether we should try but I couldn't find one. So I went ahead booked my interview and attempted to get a tourist visa. I had all the proof in the world to prove I had every Intention of coming back after a week. When I went to the interview the first thing  they saw was the petition my finance had filed, the counsler officer asked me to confirm that I am currently in process for a k1 , I said yes (never ever lie). After that he just handed me a letter and said I suggest you wait for your K1 visa and said I was illegible for a visa. He didn't even ask for to see any of my proof. I tried to tell him I had proof but said sorry he can't help. Once you apply for the K1 visa you already showing Intent to immigrate. I would suggest just avoid the whole idea. You visit her and save yourselves time, money and tears. 

It is always in the power of the Consulate Officer to either allow or deny a new B2 visa.  In the OP's case, the fiance already has a B2 visa.  There are many, many people who successfully visit fiance or souse during the K-1/CR-1/IR-1 process.