Yes, you can visit!

[Limey 550]

On 6/12/2020 at 9:04 AM, Becker said:

Hi all. Just want a little advice. We are looking to file our I-129f soon but have questions about being able to visit. 
 

We are a little blown away by being able to/not being able to visit so we were thinking of waiting until I’m in the country to file the visa and knock 2 months out of the way. My first question is, if we file it while the beneficiary is in the US visiting with an ESTA, do we tick the box on the form that says “is your beneficiary currently in the United States” 38a - h. It also asks for a I-94 departure-arrival record number. How would we find that if we were currently in the US visiting when filing the I-129f?

 

Also, we have visited each other in US & UK for months at a time on at least 8-12 occasions. Will this be a negative when trying to enter the United States as a visitor while the K1 visa is in process. 

1) The sooner you file the better. There is no advantage to filing while the beneficiary is in the US - they will still have to leave before their ESTA expires (90 days), and then do medical, interview etc in home country. Since this thing takes many months, the sooner you file, the better.
2) Lots of visits is good. It shows a genuine relationship. I'd visited the USA 3 or 4 times before we filed i129F and my now wife visited the UK once (not including her first trip during which I'd originally met her). I still visited after we'd filed i129F and had no problems. The only real issues I ever had was BEFORE we'd filed (where they told me I was visiting too often and needed to do something more permanent - like a k1). The USCIS website says that traveling after filing for k1 is a bad idea because you've already expressed immigrant intent (which they don't like if you're traveling on a visitor visa/ESTA), but in practice as you'll see from this thread, you'll likely get no problems traveling after filing k1. The border officer won't be able to see you've filed for k1, and anecdotal evidence here suggests that if they do pull you up questioning your trip, providing evidence that you've filed k1 and are doing things "the right way" actually helps.

Edited June 19, 2020 by Limey

[pialia 0]

Our I-129f got approved and my status is “Ready for interview” unfortunately they don’t grant K1 Visa until the end of the travel ban. Can I still visit on ESTA (with all the quarantine steps taken) while waiting for the interview? 

[HRQX 4,145]

22 minutes ago, pialia said:

Can I still visit on ESTA (with all the quarantine steps taken) while waiting for the interview? 

Yes:

 

[pialia 0]

9 hours ago, HRQX said:

Yes:

 

Does it mess with my K1 Interview though?

[Just Paul 4,591]

7 minutes ago, pialia said:

Does it mess with my K1 Interview though?

Visiting the US does not affect the K1.

What matters most is can you get back for the K1 interview?

[pialia 0]

4 hours ago, Paul & Mary said:

Visiting the US does not affect the K1.

What matters most is can you get back for the K1 interview?

Yes, I’m from Germany. Flights are not a problem. I was just concerned about the K1 Visa itself. 

[HRQX 4,145]

18 hours ago, pialia said:

Can I still visit on ESTA (with all the quarantine steps taken) while waiting for the interview? 

Just making sure we're on the same page about "quarantine steps" since I assume you are currently physically present in the Schengen Area. In your case, you must spend 14 days in an unrestricted country prior to attempting US entry with the ESTA.

Edited June 20, 2020 by HRQX

[Jas&Skip 16]

Ok hello,  so I live in  Schengen zone, if I make 2 weeks holidays out of Schengen I cantravel into the US using a direct flight?

And how about  binding ties, I still have a house in Germany is that enough?  I am self employed and I don't need to work so much.

It web horrible to do that and be neglected at the customs.  I just miss my fiancee and want to  visit him.

 

[holdingonforhope 16]

My fiancée is from Poland, which is part of the Visa Waiver Program. We're still at the submitting stage for the I-129f. We're thinking of having her come down here to stay for a few months because we don't know how long this K-1 process could take with everything going on. Would anything in her itinerary of more than a few weeks automatically make CBP turn her around make her fly back?

 

If she came down for a visit she would need to quit her job because her employer would not let her go for more than a week at a time. Also, would this be an issue when it came time for the Embassy interview?

[Crazy Cat 39,241]

1 minute ago, holdingonforhope said:

My fiancée is from Poland, which is part of the Visa Waiver Program. We're still at the submitting stage for the I-129f. We're thinking of having her come down here to stay for a few months because we don't know how long this K-1 process could take with everything going on. Would anything in her itinerary of more than a few weeks automatically make CBP turn her around make her fly back?

 

If she came down for a visit she would need to quit her job because her employer would not let her go for more than a week at a time. Also, would this be an issue when it came time for the Embassy interview?

Once she can overcome any Covid related travel restrictions, she faces the scrutiny of CBP when she arrives at the border.  She should be prepared to show evidence of strong ties to her country if asked. If asked, it is her responsibility to convince the CBP officer that she is not going to stay in the US and adjust status.  Her quitting her job is not in her favor........her employment status would not be an issue at her K-1 interview.

[holdingonforhope 16]

36 minutes ago, Lucky Cat said:

Once she can overcome any Covid related travel restrictions, she faces the scrutiny of CBP when she arrives at the border.  She should be prepared to show evidence of strong ties to her country if asked. If asked, it is her responsibility to convince the CBP officer that she is not going to stay in the US and adjust status.  Her quitting her job is not in her favor........her employment status would not be an issue at her K-1 interview.

Do you have any suggestions?

 

The property she lives in is in her father's name. What are good / decent alternatives that she could use to help make her case at CBP?

[HRQX 4,145]

1 hour ago, holdingonforhope said:

My fiancée is from Poland,

She'll need to go to an unrestricted country for 2 weeks prior to attempting US entry if she's currently in a restricted country. The following thread is a discussion on the different options for unrestricted countries:

 

Edited June 26, 2020 by HRQX

[holdingonforhope 16]

2 hours ago, HRQX said:

She'll need to go to an unrestricted country for 2 weeks prior to attempting US entry if she's currently in a restricted country. The following thread is a discussion on the different options for unrestricted countries:

 

Thank you! That's very helpful. She gets very anxious at the prospect of flying alone, and I don't think she could handle quarantining in a foreign land by herself for two weeks, so we'll probably just have to wait until the borders restrictions ease-up.

 

Do you know of any resources going the other way (USA >>> Schengen or Poland)? Can non-Spouse US passport holders get in at all yet?  

Edited June 26, 2020 by holdingonforhope

[Jessica & Karl 23]

12 hours ago, holdingonforhope said:

Do you know of any resources going the other way (USA >>> Schengen or Poland)? Can non-Spouse US passport holders get in at all yet?  

Hi, my fiance is coming to visit in a couple of weeks to the UK.  No problems, flights still running.  At the moment there is a 14 day quarantine for her coming in, but at least we get to spend some time together!

[NanRob 9]

I am a US citizen and my fiance resides in Northern Ireland. We are halted at the K1 interview stage at the London embassy, and with it unknown when we can complete this process we want to get together. I would be traveling to the UK and I am aware of the 2 week quarantine. What I'm most worried about is getting turned away. Have others been successful? I'm just concerned this isn't essential travel, though it feels like it should be.