Layover in US while I-129F in processing

[mikeg1 2]

Hello,

I'm planning a vacation to Mexico with my fiancé in the a few months.  Our I-129F application has been in since Sept (NOA1).   The lawyer we used for this said its best to avoid travel to the US if possible for my fiancé (from Canada) as it could cause issue with immigration however it seems a large number of people are actually visiting without trouble.  

There are no direct flights for her without stopping in the US first.  Is there any reason she would have a problem if she stated she is going on vacation to Mexico and is doing a layover (in Chicago, where I live, we'd fly there together).  Its clear that she does not intend to stay in the US so it should be ok with customs? 

 

Thanks in advance.

Mike. 

[HRQX 4,145]

6 minutes ago, mikeg1 said:

The lawyer we used for this said its best to avoid travel to the US if possible for my fiancé (from Canada) as it could cause issue with immigration

What the lawyer stated is complete nonsense. She can transit through US airport.

 

Also, many Canadian tourists are currently visiting the US as long as they fly-in.

[Mike E 11,740]

11 minutes ago, mikeg1 said:

There are no direct flights for her without stopping in the US first.

There are plenty of non-stop flights from Canada to Mexico.  I know lots of Canadians who fly them all the time.

 

Your lawyer is expressing that concern that because she has eventual immigration intent, a US-CBP officer might deny her entry into the USA, even if it is for a transit.

Edited December 14, 2020 by Mike E

[mikeg1 2]

5 minutes ago, HRQX said:

What the lawyer stated is complete nonsense. She can transit through US airport.

 

Also, many Canadian tourists are currently visiting the US as long as they fly-in.

That's what my research has shown too.  Also as you're clearly not planning to stay permanently you can visit correct?

 

4 minutes ago, Mike E said:

There are plenty of non-stop flights from Canada to Mexico.  I know lots of Canadians who fly them all the time.

As of right now there aren't any for the dates we're looking at (Toronto to Cabo).  

Edited December 14, 2020 by mikeg1

[Mike E 11,740]

2 minutes ago, mikeg1 said:

That's what my research has shown too.  Also as you're clearly not planning to stay permanently you can visit correct?

Legally, yes., Legally the US-CBP officer has broad discretion, and legally every one coming to the US is presumed to have immigrant intent. Your fiancee has a much higher burden than a normal Canadian tourist because she intents to eventually enter on a K-1 visa and stay. The officer has a reasonable concern that she will leave the airport in Chicago, go to your house and you two file to adjust status.

 

This thread will educate you:

 

In summary, most pending K-1s are admitted into the USA. If you care to labor through, you will find those that are denied, and those sent to secondary and given warnings and scoldings.

 

2 minutes ago, mikeg1 said:

 

As of right now there aren't any for the dates we're looing at (Toronto to Cabo).  

True, West Jet doesn't fly every day to Cabo. They do seem to fly every Fri-Sat-Sun though. There are also options to connect through Mexico City.

[DaveAndAnastasia 2,093]

If you wanted to transit the US with an issued K-1 on your passport, that would be a problem as any entry to the US after a K-1 is issued would use the K-1.

 

But while the petition is still pending? Non-issue.

[mikeg1 2]

6 minutes ago, DaveAndAnastasia said:

If you wanted to transit the US with an issued K-1 on your passport, that would be a problem as any entry to the US after a K-1 is issued would use the K-1.

 

But while the petition is still pending? Non-issue.

We don't have the K1 yet, just a I-129F in processing. 

[CrisBR 30]

4 hours ago, mikeg1 said:

We don't have the K1 yet, just a I-129F in processing. 

Hello!

While my K1 Visa process was still pending, I came to the US to spend time with my then fiancé. 

I told them how long I was planning to stay and who I was visiting.

I had no problems being admitted to the country.

Had I been asked anything about my K1 petition, I would have told the truth, of course.

Since I was not asked anything, I did not give up any information voluntarily.

This is always 50/50 chance for good or for bad.

If you never broke any rules while visiting the US, chances are you won’t have problems. 

Have a great journey!

 

 

[SalishSea 17,916]

My fiance travelled from New Zealand to visit whilst our I-129F was pending.  In fact, he was here when our petition was approved.  No harassment at POE, no problems.

[JFH 12,190]

Just to chip in with my experience. I visited several times whilst our I-130 for my spousal visa was in progress and had no issues. And as we were already married, I was one step closer to being able to file an adjustment of status (if I had been so inclined) as the “getting married” part had already been done. If spouses can successfully visit and overcome the assumption of immigration intent, fiancés should have no trouble being able to convince CBP that they are just here to visit or transit.