Can I Live in US While Waiting?

[ManOnMoon 2]

So my fiancee applied for my visa in Dec 2017 and we are ~150 days in the waiting process for NOA2. 

 

However, I want to stay in the US and wait for NOA2 to come then fly back to taiwan/hong kong to do my interview. Would that be okay? 

 

Note: I would be in the US on my visitor's visa

[Ontarkie 13,944]

Yes you can visit and stay for how ever long CBP gives you. 

 

You need to make sure you don't use the words live in the US. I know it seems trivial but if you showed up at the border told them you wanted to live here while waiting for the visa your butt will be on the next plane out. 

 

 

[aleful 1,905]

Spoiler

 

hi

 

exactly, you aren't living here, you are visiting your fiancé, you live in your country

 

[Teemo 252]

2 hours ago, ManOnMoon said:

So my fiancee applied for my visa in Dec 2017 and we are ~150 days in the waiting process for NOA2. 

 

However, I want to stay in the US and wait for NOA2 to come then fly back to taiwan/hong kong to do my interview. Would that be okay? 

 

Note: I would be in the US on my visitor's visa

Are you in the US right now?

[ManOnMoon 2]

10 hours ago, Teemo said:

Are you in the US right now?

No, but I may visit my Fiancee in the US and stay until the interview for NOA2 comes then fly back to hkg/tpe to do the interview, think that's okay?

[Unlockable 7,306]

19 minutes ago, ManOnMoon said:

No, but I may visit my Fiancee in the US and stay until the interview for NOA2 comes then fly back to hkg/tpe to do the interview, think that's okay?

Theoretically.

 

But what if the border agent only gives you 2 weeks to stay? Remember, it is not you who determines how long you can stay in the US.

[Roel 7,191]

23 minutes ago, ManOnMoon said:

No, but I may visit my Fiancee in the US and stay until the interview for NOA2 comes then fly back to hkg/tpe to do the interview, think that's okay?

You can stay as long as they allow you to stay. Mighy be 2 weeks or 2 months or 6 months. The length of stay is decided on the border. 

[Teemo 252]

2 hours ago, ManOnMoon said:

No, but I may visit my Fiancee in the US and stay until the interview for NOA2 comes then fly back to hkg/tpe to do the interview, think that's okay?

I am surprised no one else has said what I am about to tell you. Others are far too optimistic about this. You should know that it is not that easy to come on a non-immigrant visitor visa when you have an immigrant visa pending (K-1 technically not immigrant visa but treated as such), as that proves immigrant intent and non-immigrant intent is a requirement for a non-immigrant visa. So CBP might think you are coming just to marry and adjust status within the country as that is easier and you can be together and avoid the wait apart, and therefore they will deny you. There are some threads on this forum that show some others have been able to enter by proving strong ties to their home country, but sounds like you might not have that if you have the flexibility to come stay in the US for as long as it takes to get the interview set up.  You should read those threads and judge for yourself. 

[andy78 178]

Visitor's visa are for visiting the US, not living in the US.  You can visit, assuming you are granted entry, for the duration allowed by the CBP when entering.

[usmsbow 796]

If you have a Taiwan passport, you can only stay up to 90 days at a time, assuming you enter via VWP. Going to Canada, Mexico, or the Caribbean does not reset those 90 days.

 

If you are a Hong Kong passport holder, then as others have said, it depends on whatever CBP decides when you arrive. 

[Sarah&Facundo 577]

You can visit for however long they say you may. Yes, it is possible to enter. My fiance (now husband) visited me twice while waiting for K1 approval without an issue or a single  question at the border.  That isn't to say it'll be the same for you, but just letting you know it IS possible to enter. 

[geowrian 22,336]

Nothing's wrong with visiting your fiance. Just answer the truth with whatever they ask you.

AOS is not an option in the OP's case since they are abroad.

[Ryan H 3,795]

***Posts violating the TOS (advocating visa fraud) removed along with post quoting; Administrative Action taken.***