K1 Questions

[VisaDonnie 54]

Okay so we filed our K1 paperwork and I just got notified today from USCIS they received it and a Form I-797 was being sent to me via regular mail. My fiancé left the USA first week of September to go back to Venezuela after being here 3 months and will return mid January 2020 after being gone 4 months. She has a B1/B2 VISA and last time she was here immigration stamped her passport for 6 months but she didn't stay that long. When she goes thru immigration should she even say we have applied for a K1? She is basically staying here (no longer then 6 months) until she has to return to Venezuela for the physical, the cleared police report and her K-1 interview is scheduled in Bogota, Colombia.

 

My plan was to buy a roundtrip ticket have her arriving in mid Jan but returning in April or May, but what if the immigration guy in the USA says oh you can only stay 1 month because you were just here 4 months ago? From what I have read there just isn't any rules on this. What will help so she can stay 6 months?

[Canerican 242]

33 minutes ago, VisaDonnie said:

Okay so we filed our K1 paperwork and I just got notified today from USCIS they received it and a Form I-797 was being sent to me via regular mail. My fiancé left the USA first week of September to go back to Venezuela after being here 3 months and will return mid January 2020 after being gone 4 months. She has a B1/B2 VISA and last time she was here immigration stamped her passport for 6 months but she didn't stay that long. When she goes thru immigration should she even say we have applied for a K1? She is basically staying here (no longer then 6 months) until she has to return to Venezuela for the physical, the cleared police report and her K-1 interview is scheduled in Bogota, Colombia.

 

My plan was to buy a roundtrip ticket have her arriving in mid Jan but returning in April or May, but what if the immigration guy in the USA says oh you can only stay 1 month because you were just here 4 months ago? From what I have read there just isn't any rules on this. What will help so she can stay 6 months?

To be honest, CBP will be the ones to decide how long she can stay. She will also need to prove stronger ties to home as she has a fiance in the USA now. When I came to visit I brought a copy of the K-1 with me to show them that I was going through the process. I have heard that they can see it in the system. I would encourage her not to lie to CBP if she is asked who she is visiting. 

[geowrian 22,335]

She can visit during the process. There is no requirement to tell CBP, although you must answer honestly for any questions they ask.

The duration of stay is determined at POE. If they grant her only 1 month, then she has to leave within the 1 month. Being granted less than 6 months basically implies that they think she is staying too much in the US.

Staying too long in the US looks like using the visa to live here, which is not permitted on a tourist visa. It's for visiting. The general rule of thumb is to spend at least as long abroad as within the US, with twice as long being preferred. Of course people are admitted with shorter breaks abroad, but it is riskier. Know the risks.

Edited November 30, 2019 by geowrian