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Visiting the U.S. after submission of I-129F

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Hi all!

So my girlfriend visited the United States in Aug 2018. That's where we decided to get married after having spent 12 glorious days together. I then submitted the I-129F application on Oct 1, 2018. I just got the NOA 1 and the receipt said Oct 8th. 

She is visiting me (from Korea) on Oct 19th and will be here for 10 days.

 

So it'll be her second time visiting the U.S. within a few months. When she comes Oct 19th, should she keep the application a secret from U.S. customs at the airport? Or print out the NOA1 and tell them that she's visiting her fiance to plan out the wedding details? She's also in the States to visit some college friends b/c she went to college here. 

 

Of course, the absolutely worst case is that she's denied at customs and told to return to Korea. I don't think that's going to happen since it is a legitimate visit and will go back to Korea after her 10 day visit. 

 

Thoughts?

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Why you not get married when she visit you, then she can go back and you will apply I-130 for her? Btw, since you already filed I-129F so it too late. In addition, never lying or keep any secret because just with a few check the Customs Officer will see your I-129F pending.

 

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She doesn't need to disclose anything unless asked.

It is possible they will ask who she is visiting / their relationship to that person.

If asked for the purpose of the trip, tourism is valid response.

 

Many people visit while their case is pending.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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It's always risky to lie as they make notes and it can be used against you.  People visit during a pending K1 visa and they may wave her through anyway.  She could be asked if she's still employed, has a lease, etc. They'll also assess if she's bringing an amount of luggage suitable for a short trip.  Bringing copies of recent pay, bank activity could help.  If she lies and they see a pending visa, it could result in a ban.    

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I should clarify, a ban for lying about a K1 is unlikely (not like lying about being a USC).  

 

People often forge into a K1 and don't know the ramifications. It's not prohibited to travel to the US while it's pending, but they really give you a lot of scrutiny when you do. 

 

When she comes on an approved K1 visa, she is prohibited from leaving the US until AOS is complete. This has wrecked more than one honeymoon.  If she has ill parents or grandparents, she also has to take into account she'd not be able to leave on an emergency without abandoning her visa.  You can request an emergency expedite, but the USCIS still works at its own pace. 

Edited by bakphx1

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my fiance comes here every 2 weeks or so. He has NEVER lied about being my fiance, even before we filed the K1. Does he get asked about it? yeah, sometimes. Has he ever been denied entry? no.

 

She needs to be totally honest. NEVER EVER lie to CBP. Answer their questions truthfully. She should take plenty of ties to her home country - letter from her job stating how long she will be gone, return flight tickets, her lease for where she lives, etc.


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

 

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She just needs to disclose information if asked. I visited my fiancé 3 times, 1 after the k1 was submitted, and had no problems getting in. Sometimes they asked who I was visiting, others no, I always replied truthfully and had no problems. Just in case I took the noa1 letter and an employer letter stating my current job status and the date I was expected to return to work but that was never needed.

 

Actually the time after I submitted the k1 and they asked who I was visiting it was the fastest time I went through immigration control. 

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I have visited my fiancé after our K1 app was submitted and had no problems.

 

When they asked me who was I visiting my response was always "I am visiting my fiancé for 2 weeks (or whatever time I was visiting for)." No further questions on their side.

 

Each time I was granted 6 month stay.

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I visited my fiance several time, months apart though. When asked I'm here on vacation. No further questions. However she might get some additional questions visiting so soon,especially if she says its to plan a wedding. The k1 process is long an unpredictable, I wouldn't recommend planning anything this early. We are still waiting and we applied in February. 

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I visited my husband several times during the process. Not a problem at all. They will know about the petition because you provided her passport number on the I-129F. It's not illegal to visit whilst the process is in play. She must not lie to anyone involved in immigration at all. She doesn't need to supply any information that was not asked, but all questions must be answered truthfully. 

 

CBP officers are not stupid. They keep the address on file that you supply on the blue customs form. Two visits in one year from a single female staying at the same residential address? They already know the story. If they ask her who she is visiting it's not because they want to know, it's because they want to see if her answer matches what they already have on file. 

Edited by JFH

 

 

 

 

 

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