Risk of being turned away at airport while K1 processing based on country of origin?

[Recoleta180 0]

Have not started the K-1 visa process yet, and lawyers I've spoken to (multiple) are not much help as they have no real experience with this other than (just try!).

 

My girlfriend is an Argentinian/Italian citizen.  After we start the K1 visa process, would it reduce the risk of her being sent back if she flew from an EU country, Australia, or New Zealand, rather than Argentina?

[Roel 7,191]

They will look at her passport and it doesnt matter where she flies from. They will question her ties to the country she lives in, not which airport she travels from. 

Edited March 26, 2019 by Roel

[Recoleta180 0]

Thanks.  She will also be traveling with our newborn.  I am in the process of doing his CRBA for US citizenship.  Does it affect anything if the child is a US citizen but she is not?  She is scared of being denied entry or detained and being separated from the baby.

[Roel 7,191]

11 minutes ago, Recoleta180 said:

Thanks.  She will also be traveling with our newborn.  I am in the process of doing his CRBA for US citizenship.  Does it affect anything if the child is a US citizen but she is not?  She is scared of being denied entry or detained and being separated from the baby.

No. The child doesn't help, might actually hurt her chances because US child is a tie to the US not to her home country. 

 

What ties does she have right now? Seems like she has more ties to the US. 

 

 

There is always a chance she might be denied entry. If she is so scared than maybe she should not travel. 

[Recoleta180 0]

She has an apartment lease and a home in Argentina under her name.  Also private health insurance and regular pediatrician visits in Argenina.  But no job.

[Roel 7,191]

12 minutes ago, Recoleta180 said:

She has an apartment lease and a home in Argentina under her name.  Also private health insurance and regular pediatrician visits in Argenina.  But no job.

Well health insurance or the fact the child goes to doctor is not a tie... 

 

She wont know what happens until she applies for tourist Visa and until she arrives in the US. No one will tell you if she will be allow to enter or not. 

[Going through 5,668]

Once you file the K1, it's going to be even harder to prove compelling ties back to her home country for a tourist visa---since they would be the very same ties she would be giving up freely if the K1 is approved.

 

[MeghanK 625]

Does she have an ESTA through her Italian citizenship? Could she travel with an Italian passport? Might help. 

[carmel34 3,529]

For this same reason, concern about denial at POE, I go and visit my husband in Brazil.  He hasn't even applied for a US tourist visa to come and see me because we decided not to even worry about the possibility of denial, or if a visa is approved, not allowed to enter by CBP.  Even having a love interest, romantic relationship in the US, can be cause for denial of entry.  When they ask your fiancee at POE what the purpose of her visit to the US is, what will she say?  It is always best to be completely honest. Some in her situation have had their phones searched.

[Paul & Mallory 1,398]

Can you visit her?

Being granted entry into the US as a visitor/tourist is all about proving your ties to your home country, to support that you intend to return and not overstay or remain illegally in the US. Having significant ties to the US, versus to the home country, can sometimes throw up red flags that may hinder someone being granted entry at POE. You say she rents...does not currently have a job...and has a child who is a US citizen (correct?)...and you are also wanting to add to that, applying for a K1 visa to marry a US citizen... nobody can say here for sure, in black and white, that yes she will be denied or yes she will be approved. But all of that sounds a lot like stronger ties to the US versus the country she's coming from.

 

All she can do is apply, and find out. But if she's that anxious or afraid of being denied entry, perhaps see about visiting her instead. While the beneficiary can legally visit the petitioner while a K1 is pending, again, it also serves as proof that the visitor has intent to immigrate and combined with other lack of evidence supporting a return, can be problematic.

[Boiler 43,397]

Turning up with a child using a US passport and a US father might raise eyebrows.

[mushroomspore 3,043]

Safest option would be for you to travel to her.

Edited March 27, 2019 by mushroomspore

[WeGuyGal 1,052]

23 hours ago, Recoleta180 said:

Have not started the K-1 visa process yet, and lawyers I've spoken to (multiple) are not much help as they have no real experience with this other than (just try!).

 

My girlfriend is an Argentinian/Italian citizen.  After we start the K1 visa process, would it reduce the risk of her being sent back if she flew from an EU country, Australia, or New Zealand, rather than Argentina?

Flying in from AUS/NZ to the US is very odd routing for an Argentine resident. 

[SmallTownPA 71]

On 3/27/2019 at 12:38 PM, WeGuyGal said:

Flying in from AUS/NZ to the US is very odd routing for an Argentine resident. 

 

But think of all those airline miles you'd rack up!

 

Inspection at POE really cares about tickets home.  Not how you got there.  And if they DO start asking about arrival tickets I would think that you're already at the point of a denial.