Visiting each other

[MIDUVIL 34]

Hey All,

I was wondering,

Is there a problem if my fiance comes to visit me in the US,

while my K1 petition ( I-129F ) is pending at the VSC ?

She is a french citizen, she has a newer electronic passport with a chip,

I thought I read somewhere about the VISA Waiver Program,

and that it would be OK,

http://www.travel.state.gov/visa/temp/with...thout_1990.html

Any thoughts ?

Thanks

MiDuvils US fiance

[*julez* 124]

This topic is discussed just about daily on Visa Journey! I'd recommend you read the following thread which provides lots of different experinces about visiting while the I129-f petition is in process:

http://www.visajourney.com/forums/index.php?showtopic=67796

This should answer your question!

[ddkm 0]

yes it will be fine for the french person to visit during the process. you could be on the safe side and also bring some forms of evidence of ties to france, such as rent statement, letter from employer, bank statement etc. but thats just to be on the super safe side, normally its not even needed when travelling on vwp

[~Nini~ 2]

yes it will be fine for the french person to visit during the process. you could be on the safe side and also bring some forms of evidence of ties to france, such as rent statement, letter from employer, bank statement etc. but thats just to be on the super safe side, normally its not even needed when travelling on vwp

At the very least, you can bring a printed itinerary of your return ticket, which fulfills the regular requirements of the VWP. If the immigration official suspects that there is intent to stay in the US, then they'll want to see evidence of ties to the home country. Otherwise the fiancee may be turned away at the border and sent home.

[em79sugar 1]

yes it will be fine for the french person to visit during the process. you could be on the safe side and also bring some forms of evidence of ties to france, such as rent statement, letter from employer, bank statement etc. but thats just to be on the super safe side, normally its not even needed when travelling on vwp

DONT DO IT!!! I was advised by my attorney that my fiance SHOULD NOT visit me from Sweden while waiting for the k1 visa petition to be approved. This could cause the government to see their arrival and consider them abandoning their application. He said that it was only ok if the US Embassy in SWEDEN sent him written approval to carry with him to the US but still advised against it and said I should only go there to visit.

[em79sugar 1]

yes it will be fine for the french person to visit during the process. you could be on the safe side and also bring some forms of evidence of ties to france, such as rent statement, letter from employer, bank statement etc. but thats just to be on the super safe side, normally its not even needed when travelling on vwp

DONT DO IT!!! I was advised by my attorney that my fiance SHOULD NOT visit me from Sweden while waiting for the k1 visa petition to be approved. This could cause the government to see their arrival and consider them abandoning their application. He said that it was only ok if the US Embassy in SWEDEN sent him written approval to carry with him to the US but still advised against it and said I should only go there to visit.

HERE is a link to my reply that will explain more and it is recent http://www.canuckabroad.com/forums/k-1-tra...elp-vt2144.html

[*julez* 124]

yes it will be fine for the french person to visit during the process. you could be on the safe side and also bring some forms of evidence of ties to france, such as rent statement, letter from employer, bank statement etc. but thats just to be on the super safe side, normally its not even needed when travelling on vwp

DONT DO IT!!! I was advised by my attorney that my fiance SHOULD NOT visit me from Sweden while waiting for the k1 visa petition to be approved. This could cause the government to see their arrival and consider them abandoning their application. He said that it was only ok if the US Embassy in SWEDEN sent him written approval to carry with him to the US but still advised against it and said I should only go there to visit.

MANY people on this board have successfully visited the US while the I129f/K1 is in process. Please don't incite panic needlessly.

[a-jeanne 2]

yes it will be fine for the french person to visit during the process. you could be on the safe side and also bring some forms of evidence of ties to france, such as rent statement, letter from employer, bank statement etc. but thats just to be on the super safe side, normally its not even needed when travelling on vwp

DONT DO IT!!! I was advised by my attorney that my fiance SHOULD NOT visit me from Sweden while waiting for the k1 visa petition to be approved. This could cause the government to see their arrival and consider them abandoning their application. He said that it was only ok if the US Embassy in SWEDEN sent him written approval to carry with him to the US but still advised against it and said I should only go there to visit.

MANY people on this board have successfully visited the US while the I129f/K1 is in process. Please don't incite panic needlessly.

Thank you julezabelle!

[westguard 0]

Many people have done it successfully. Everyone else didn't want to take the 'risk'.

I personally did not visit my fiance during the Visa waiting process because of the fact that there are no hard and fast rules at immigration when entering the USA. If the immigration officer doesn't like the look of you, you can be sent back to your point of origin. I simply didn't want to risk it.

Theoretically if you come with sufficient evidence to show you have ties and reasons to go back to your home country, you should be ok, but don't quote me on that! If your fiance has visited the USA a few times on a Visa waiver, that will throw up red flags too. The last time I visited on a waiver, I was questioned quite a bit because I had visited 3 times in a year. They didn't send me to 2nd line, but it was still quite intimidating seeing as though I wasn't actually doing anything wrong.

I may, of course, have been over cautious, but went with my attorneys advice and decided not to travel during our K1 process. This was emotionally difficult because I missed my fiance (now wife!) a lot!

I've heard people for and against this argument. I don't think its about scaring you, I just think you need to consider the risks involved, and consider that professional attorneys have on many occasion simply said - don't even bother risking it.

Instead, my fiance came to visit me in the UK and we had an equally great time together!

[tucson_chick 0]

i am currently visiting my fiancee in the US. I entered the country abt. 2 weeks after NOA 1 and will spend 7 weeks in total. NO QUESTION was being asked at all. I already spent 6 weeks here in March.

POE was Denver and PHIL, and, like I said: i was being asked MORE questions when i was entering on my J1 2 years ago.

i personally don't see a point of using lawyers for K1-visas as long as there aren't a bunch of divorces, kids and illegalities involved. i only heard negative experiences so far.

[RosemarieL 0]

I have visited twice after filing the K1 visa. The first time they asked a lot of questions (I had an earlier visit 6 months before for 2 months) and the second time they asked me hardly any questions at all (I think they wanted to get the people through so they could close the immigration booth). I did bring proof of ties to home such as a tenancy agreement and pay slips just in case though.

[Kayleigh+Kyle 0]

My fiancé has come down into the States from Canada twice since our visa has been in process. The first time, I was in the hospital and he was worried about me, and so he decided he wanted to drive to see me. The border patrol officer really didn't give him much trouble, other than asking him if he was going to screw up the visa and gave the usual lecture on doing things the "smart way" (seriously, why would we come down and get married now after already starting this process? It would be pointless!). Bless his heart - he didn't even make it out of the state of Washington before I was out of the hospital and we were planning a last minute flight for me to come out there to spend a week with him instead!

The second time wasn't really for a visit. I planned for my flight home this last trip to depart from Bellingham, WA because it is SO much cheaper to fly domestically than internationally. I was paranoid that we would be turned away at the border, so I brought a copy of our I-129F, a copy of our NOA1, my printed itinerary, and a letter from my fiancé's supervisor saying that he was expected to be at work on the coming Monday. The border officer didn't ask to see anything but our passports, asked us where we were going, what we were doing, how we met, gave us the usual lecture, and asked me "Ma'am, is he treating you well? Is he treating my fine American citizen well?" and I laughed and said yes, and he let us through.

The border definitely won't always turn you away. Just be prepared and don't do anything stupid while you visit. Otherwise, you should be A-OK!

[em79sugar 1]

i am currently visiting my fiancee in the US. I entered the country abt. 2 weeks after NOA 1 and will spend 7 weeks in total. NO QUESTION was being asked at all. I already spent 6 weeks here in March.

POE was Denver and PHIL, and, like I said: i was being asked MORE questions when i was entering on my J1 2 years ago.

i personally don't see a point of using lawyers for K1-visas as long as there aren't a bunch of divorces, kids and illegalities involved. i only heard negative experiences so far.

Thats exactly why there is a lawyer involved for my case. Anyway, all I can say, if one person had their application abandoned because quite a few people were able to travel and did not get caught, so they tried it and didn't have the same luck, then all has been wasted, and that is a risk I am NOT willing to take.

[*julez* 124]

i am currently visiting my fiancee in the US. I entered the country abt. 2 weeks after NOA 1 and will spend 7 weeks in total. NO QUESTION was being asked at all. I already spent 6 weeks here in March.

POE was Denver and PHIL, and, like I said: i was being asked MORE questions when i was entering on my J1 2 years ago.

i personally don't see a point of using lawyers for K1-visas as long as there aren't a bunch of divorces, kids and illegalities involved. i only heard negative experiences so far.

Thats exactly why there is a lawyer involved for my case. Anyway, all I can say, if one person had their application abandoned because quite a few people were able to travel and did not get caught, so they tried it and didn't have the same luck, then all has been wasted, and that is a risk I am NOT willing to take.

For god's sake! Getting caught doing what? Its not like these people are trying to sneak into the US whilst a K1 is pending! They are arriving on VWP or valid Visa and being truthful about intent upon entering the US.

Furthermore, getting turned away whilst a K1 is pending will have absolutely no bearing whatsoever on getting the visa. All will most definitely NOT be wasted. The most you have to lose is some time and money. As long as people are aware that there is ALWAYS (K1 pending or not) a chance of being turned away at the POE, let them make an informed decision based on other's experiences. Personally, in most cases, I think its worth a shot. Just my opinion, but I like to belive its an informed opinion.

Edited September 11, 2007 by julezabelle

[~Nini~ 2]

To build on julezabelle's point, there hasn't been any official statement from USCIS that the non-USC beneficiary cannot visit the USC fiance while a fiance or spousal visa is pending approval. On the contrary, I think the evidence stemming from these visits would help to build the case towards proving a bonafide relationship once it's time for the interview at the consulate.

Edited September 11, 2007 by Nini & Bee