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Immigration questions for K-1 Fiancee when she's at US Customs

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  • Immigration questions for K-1 Fiancee when she's at US Customs

    I'm filling out the paperwork for the K-1 Visa and am about to send in the I-129F packet.

    However, my fiancee is coming to visit me in the beginning of March and I'm a little bit concerned about US Customs.

    What is she supposed to say at Customs when they ask her what's the purpose of her visit?

    Does she lie and tell them she came to visit friends and sightsee? But if they do any digging and find out she has a Fiance, it'll be bad news. Would immigration know? (Since I submitted the paperwork to USCIS). Even if she's got the OK to go through what happens later on when she has Visa interview in American consulate in Japan. Since she only told US customs that she came to visit friends, wouldn't American consulate in Japan attack this point?

    Does she tell them the truth and say she came to visit her Fiance? She's only going to be staying here for less than a month (she's on VWP) and I'm going to supply her with the paperwork/proof of the received I-129F from USCIS. But there's the chance the US Customs will think that she's trying to AOS here (even though my I-129F should be submitted by then) and deport her.

    My apologies for the long/convoluted post. Maybe I'm being paranoid and overthinking everything. But everything is so much more difficult with Customs when the thought of Marriage comes into play.

    I know doing the AOS method is risky and illegal so we had decided to do things the legal way. Even doing things legally now, I feel like I'm committing some major crime.

  • #2
    For starters, marrying in the US and starting the Adjustment of Status procedure while on a Visa Waiver is not illegal. But any proof of prior intention to do this may be a basis for denial of the visitor visa or refusal to allow entry to the U.S.

    Your greater risk is if your gal is rejected entry because of a pending petition or admitting that she plans to visit a fiancee. Being refused entry, when she has not lied to any Federal officers, will not necessarily result in a later fiancee visa denial, but being returned to her country of origin soon after arriving will be an experience she won't soon forget.

    --Ray B

    Originally posted by Freemind81 View Post
    I'm filling out the paperwork for the K-1 Visa and am about to send in the I-129F packet.

    However, my fiancee is coming to visit me in the beginning of March and I'm a little bit concerned about US Customs.

    What is she supposed to say at Customs when they ask her what's the purpose of her visit?

    Does she lie and tell them she came to visit friends and sightsee? But if they do any digging and find out she has a Fiance, it'll be bad news. Would immigration know? (Since I submitted the paperwork to USCIS). Even if she's got the OK to go through what happens later on when she has Visa interview in American consulate in Japan. Since she only told US customs that she came to visit friends, wouldn't American consulate in Japan attack this point?

    Does she tell them the truth and say she came to visit her Fiance? She's only going to be staying here for less than a month (she's on VWP) and I'm going to supply her with the paperwork/proof of the received I-129F from USCIS. But there's the chance the US Customs will think that she's trying to AOS here (even though my I-129F should be submitted by then) and deport her.

    My apologies for the long/convoluted post. Maybe I'm being paranoid and overthinking everything. But everything is so much more difficult with Customs when the thought of Marriage comes into play.

    I know doing the AOS method is risky and illegal so we had decided to do things the legal way. Even doing things legally now, I feel like I'm committing some major crime.

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