After K1 approval leave for US right away or wait?

[tr1n00m 0]

Hello everyone!

 

Let me give me a quick explanation of my situation. 2 years ago I met my fiancé during my internship in Los Angeles, I was here for about 5 months on a J1 visa. After this we kept on visiting each other and we'd decided to get married and started our K1 fiancé visa process. 

I've been visiting my fiancé every three months on an esta form, and luckily I've never had any issues with this. Immigration did tell me to watch out that I wouldn't be spending to much time in the US compared to my own country, so I've been taking this into account. 

Now my issue. 

I came back out of Los Angeles about a week and a half ago, after staying there for 87 days. My fiancé visa interview is planned for the middle of October.  I was wondering, if my visa gets approved, can I go back to Los Angeles right away? Or should I wait for 3 months again in case they say I'm spending too much time in the US?
I understand that with an esta this probably wouldn't be possible, but now because I travel with a fiancé visum and I'm in line with other visa holders I was wondering if I could still get in trouble. I know that there are no specific rules for this, and every officer makes their own decision, but I was wondering if anyone might have experience with this. 

 

I hope I explained it clear enough and that people can help me. 

Thanks!  

[Unlockable 7,306]

Once approved for your K1, your ESTA will no longer be eligible. So the next time you enter after your approval, it will be on a K1 and your ESTA will be gone.

 

P.S. There ARE specific rules. You will enter under a K1 visa.

[Letspaintcookies 2,213]

No experience here but with a K1 you plan to immigrate so I wouldnt expect anybody to stop you for spending not enough time in a place that won't be your home anymore. From this point on you'll get in trouble if not spending enough time in the US 😊

[Unlockable 7,306]

*** Moved to K-1 Fiance(e) Visa Process & Procedures 

 

VJ Moderation

[HRQX 4,145]

16 minutes ago, tr1n00m said:

if my visa gets approved, can I go back to Los Angeles right away?

Yes

16 minutes ago, tr1n00m said:

Immigration did tell me to watch out that I wouldn't be spending to much time in the US compared to my own country

Looks like for tax year 2019 you might be a resident alien for tax purposes because of the substantial presence test: https://www.irs.gov/taxtopics/tc851 If you aren't, then you can try to opt-in: "you may be able to choose to be treated as a resident alien for part of a calendar year by making the First-Year Choice or, if you are a nonresident alien married to a U.S. citizen or resident alien, you and your spouse may be able to make a joint election to treat you as a resident alien for the entire calendar year."

Edited September 24, 2019 by HRQX

[Dashinka 23,284]

24 minutes ago, tr1n00m said:

Hello everyone!

 

Let me give me a quick explanation of my situation. 2 years ago I met my fiancé during my internship in Los Angeles, I was here for about 5 months on a J1 visa. After this we kept on visiting each other and we'd decided to get married and started our K1 fiancé visa process. 

I've been visiting my fiancé every three months on an esta form, and luckily I've never had any issues with this. Immigration did tell me to watch out that I wouldn't be spending to much time in the US compared to my own country, so I've been taking this into account. 

Now my issue. 

I came back out of Los Angeles about a week and a half ago, after staying there for 87 days. My fiancé visa interview is planned for the middle of October.  I was wondering, if my visa gets approved, can I go back to Los Angeles right away? Or should I wait for 3 months again in case they say I'm spending too much time in the US?
I understand that with an esta this probably wouldn't be possible, but now because I travel with a fiancé visum and I'm in line with other visa holders I was wondering if I could still get in trouble. I know that there are no specific rules for this, and every officer makes their own decision, but I was wondering if anyone might have experience with this. 

 

I hope I explained it clear enough and that people can help me. 

Thanks!  

Once the K1 is in your passport, you can come in anytime within a six month period as even though a K1 is technically a non-immigrant visa, it comes with a presumption of immigration intent.  At that point more than likely the questions by CBP will be different as they expect you will be getting married and adjusting status.

 

You should research what @HRQXlinked based on your other visits prior to your K1 entry.

 

Good Luck!

[geowrian 22,336]

7 hours ago, tr1n00m said:

Or should I wait for 3 months again in case they say I'm spending too much time in the US?

Not an issue with a K-1. The reason spending too much time in the US is an issue when visiting is because they may believe you are living there and/or may just decide to overstay. It goes to presumed immigrant intent. A K-1 permits immigrant intent, so spending too much time in the US won't be an issue.

[Mollie09 1,543]

Just keep in mind once you enter on a K-1 you can't leave again until AOS is completed or you get AP.

[payxibka 10,044]

1 minute ago, Mollie09 said:

Just keep in mind once you enter on a K-1 you can't leave again until AOS is completed or you get AP.

Can leave any time you want,  it is the ability to return that requires approved AP