entering the US with b1 visa while waiting for k1

[adrilantigua 0]

Entering the US with a B1 visa while waiting for K1

   Hello,

   My fiancee, a 19-year-old resident of the Dominican Republic, has a B1 Visa that she obtained a few years ago.  It is the one that allows multiple entries.  After investigating, we investigated that as long as she spends the same time she spends in the United States in her home country, she should have no problem.  For example, if she spends 2 months in the US, she must spend 2 months in her country.

   Came to the US on July 4, 2020 and left on September 4, 2020. Then he returned on November 7, 2020 and left on December 12, 2020. In December 2020, I applied for the visa of fiancee K1 to bring her here.  and we are still waiting for that.  She then came on January 18, 2021 and returned to her country on March 28, 2021. She never had a problem with any of these entries.  She now wants to return to the United States this Saturday, July 3 and leave in September.

   Our question is, should I come to the United States this July 3?  Are you likely to lose your B1 visa?

   Thank you very much for the help.

[Chancy 6,241]

8 hours ago, adrilantigua said:

we investigated that as long as she spends the same time she spends in the United States in her home country, she should have no problem.

 

While that plan may have worked so far, it does not guarantee that all will be well at POE.  Entry to the US is always at the discretion of CBP.

 

Assuming your fiancee has maintained her strong ties to the DR, her risk of losing her B visa if she visits in July is about the same as it was on her previous trip.

 

[SalishSea 17,920]

On 6/29/2021 at 10:35 AM, adrilantigua said:

After investigating, we investigated that as long as she spends the same time she spends in the United States in her home country, she should have no problem.  For example, if she spends 2 months in the US, she must spend 2 months in her country.

Not sure where you got this, but the normal rule of thumb is to spend at least twice as much time out of the US as in.

 

Admission on a B visa is based on a person's ties to home/immigrant intent.  Most people, unless they are retired, cannot afford to spend half the year on vacation.

[Suze1 366]

Immigrant intent is considered at the time of visa application and at the time of each port-of-entry event. Be sure ties to her home country can be demonstrated at each POE event.

 

None of the trips should directly impact her fiance visa, generally. More likely to impact her using her B1/B2 visa, if anything.

 

Filing the fiance visa application can change her risk profile as seen by Immigration.

And spending as much time in the US as outside if it could end up being half the year! Could be viewed as her half-residing in the US.

Coming and going a lot strictly for personal reasons and not for business reasons might be looked at more closely.

Do not presume everything will continue as it had before the fiance filing.

 

Edited July 1, 2021 by Suze1