Visiting US Fiancee While K-1 is Processing

In Love

Registered Users (C)
Hi,
Apologies if this question has already been dealt with elsewhere.

I would like to visit my fiancee in the US while our K-1 is processing. We are at the NOA-1 stage. I would need to return for my interview and to tidy up my affairs, assuming K-1 is approved.

I have a current B1-B2 Visa which I used to visit my fiancee before we became engaged and before we applied for our I-129F petition.

I have heard conflicting advice. Some say, no, because of risk of denial of entry, etc. Others say there shouldn't be a problem, provided I take plenty of evidence that I will return home.

What would you recommend? Should I attempt to enter the USA or not? Has anyone attempted entry under this circumstance? Is there a definitive answer or can someone provide a link to government policy/regulations?
 
Taking plenty of evidence is good but still comes with a What If situation, eventually it's your call if you want to take A bite at it, you may get a nice CBP officer that likes to trust people and take their word for it or get an anal officer who is strictly by the book, it's strictly on the discretion of that officer.
 
There is no definitive answer. You can attempt to visit while your K-1 is the process. You may be allowed to enter, you may be refused entry. If you are refused entry, it should have no affect on your K-1. I visited the US while my K-1 was being processed. I even visited the US after my K-1 visa was issued without using it on that visit. Keep in mind, I had the luxury of being Canadian.

What would you recommend? Should I attempt to enter the USA or not? Has anyone attempted entry under this circumstance? Is there a definitive answer or can someone provide a link to government policy/regulations?
 
After discussing the issue, my fiancee and I have decided for me NOT to visit her in the US while my K-1 is processing. I feel fairly confident of being allowed to cross the border, but the main stumbling blocks were: (1) not being at home to receive correspondence from the US consulate and (2) losing time to get prepared for the BIG move. Secondary issues were: the possibility of getting knocked back at the border and the feeling of deflation this would bring and wasting money on the air fare.

We have discussed the possibililty of her joining me over here for a couple of weeks and arriving just before the interview (and going together to the interview) and leaving together, after K-1 approval, to the US.

It would be a real comfort and reassurance for me if my fiancee was to be here with me during this stressful time.

Your comments are welcome!
 
Last edited by a moderator:
CBP responded to an email I sent asking for their opinion on this issue. They recommended I don't try to enter the US while my Visa application is processing.
 
Top