Can my fiance come her on vacation while our application is pending?

[grinchus]

I submitted my K-1 visa petition at the end of April and have received only the first notice (the one assigning us a case number and acknowledging receipt of fee), so we're really still at the beginning. We had wanted for him to come visit me in August so we could see each other. He's from Italy, so if we didn't have this visa pending he could just come as a tourist for 4 weeks. Now that it's pending, can he still just come visit me as a tourist?

[Woodger]

there's no official line on whether or not your allowed to

The US sees the application of a K1 as intent to immigrate and remain in the country, so once it's on file, u have outlined your intent.

Many people have succesfully visited whilst a K1 is in process, as actually, you'd think that by showing you are following the right legal routes, you wouldn't be trying to gain access to the country fraudulently.

The best practice to follow is to take all documentation relating to your ties in the home country with you to the port of entry officer when you arrive in the US, including a letter from your employer stating they're still employed and are expected back, a copy of the visitors bank statements, mortgage agreements and or tenancy documents (or a letter from a landlord), and all importantly, a copy of the receipt from the UCSIS (otherwise known as the NOA1)

It's all down to whether or not the port of entry officer in the US believes that the visitor will return to their home country after the visit.

Whilst almost everyone does gain entry, the very few who do not have the required documentation, can sometimes be turned away and sent home....

My advice is, wait for the entry officer to ask the visitor about the pending K1 visa before offering up any information about it. And only answer with information that is relevant to the questions i.e.

Are you returning to Italy at the end of your visit.

Correct answer: Yes
Wrong answer : Yes, this is not part of the K1, and I'm not trying to stay here permanently.

hope this helps

[grinchus]

that it's OK to come, and no, absolutely don't come. Yes, the visa is pending, but Italians are allowed to travel here on holiday w/o a visa anyway, so if my fiance comes for a month and then goes home, I don't understand why that would be a problem. He's not planning on overstaying, he is really just planning to come here to see me and then return home to await the rest of the process.

If he came, at the port of entry he would offer no more info than necessary, not mentioning the pending visa application unless specifically asked. My main concern is that he's never been here and the 129F asks specifically if the beneficiary has ever been to the US and when. When I submitted the application he had never been here, but if he comes to visit me he will have been here and had a documented point of entry. Would I have to contact them after he got home after the trip and amend the application?

Also, the US now makes everyone declare online with a little mini visa-like thing that they're coming (an Italian friend just had to do this, I don't know what it's called, sorry!), so he will be in the system anyway, and I just don't know what happens if that clashes in the system w/ our petition.

Anyway, aggravating!

[nichole]

The CBP does not have fiance visa application information on their screens when you go through immigration at the airport. I asked that directly to an officer at the airport. The have overstays, previous denials, criminals, etc. I also asked the customer service 800 number person. He told me they just get a sense of whether they think someone is truly a tourist or an intending illegal immigrant. He said people coming for 90 days often, who have no job back home to report, don't appear to have enough money on them to be a tourist for 90 days, bring tons of luggage and personal belongings are some of the clues.

My fiance came for short 2-3 wk visits several times a year and was never questioned other than the "what is the purpose of your visit" they ask everybody. The answer was "I'm on holiday to visit friends."

The information you submitted was true when you sent it. (I can't actually remember that on the I-129F.) When your I-129F petition is approved and sent to the Embassy in Italy, then the fiance will fill out new applications for the visa. He will give dates of travel to the US.

And my fiance visited at least twice after the petition was submitted and we didn't update anybody,