Travelling to the US on B2 whilst K1 is pending

[Anjelika]

hi,

I read DIFFERENT treads on this wensite about travelling to the USA on B2 whilst K1 is pending. Can someone PLEASE share real experiences on this matter. I have a B2 visa and my fiance and I are about to apply for K1 visa. He lives in the USA, I am an Israeli citizen and live in Israel (I visited US twice last year on my B2 visa). Whilst waiting for K1 visa, I would like to stay with my fiancee in the USA on B2 visa for few months. I have a really great job in Israel and have no intentions to stay permenantly in the USA on B2 visa. What will I need to show immigration officer at the airport that i indeed came for a short visit and am going back to Israel to wait for my K1 visa there?

Any replies from people who have been in similar situations are very much appreciated!!

Thank you

[txh1b]

If the CBP officer finds out, they may not allow entry on B2. Avoid it.

[Anjelika]

If the CBP officer finds out, they may not allow entry on B2. Avoid it.

If the GBP officer finds what? I am not hiding anything. I have a B2 visa, K1 is pending and I want to visit my fiance in the USA for a short stay. There definitely must be a way to show them my real intentions? Once again, I am not planning to stay there for good on my B2 visa.

[txh1b]

K1 has immigrant intent. B1/B2 visitors should have no immigrant intent. I am not saying it will happen. But if the CBP officer goes by the books, an entry on B1/B2 while an immigrant visa petition is pending is not possible.

The B1/B2 could possibly be canceled as well at CBP with a denied entry for you.

[Anjelika]

K1 has immigrant intent. B1/B2 visitors should have no immigrant intent. I am not saying it will happen. But if the CBP officer goes by the books, an entry on B1/B2 while an immigrant visa petition is pending is not possible.

The B1/B2 could possibly be canceled as well at CBP with a denied entry for you.

Thank you for your reply. I really appreciate. But let's not forget that K1 visa is NON-immigrant visa for a fiancee. It is not a K3 visa, which is an immigrant visa for a spouse. Does this difference makes sense?

[txh1b]

Difference is K1 ALLOWS immigrant intent wile visas like F1/B1/B2 DO NOT.

Similarly, H1b ALLOWS immigrant intent as well. All visas are called non-immigrant visas except the greencards that is granted at the consulates directly based on a family petition or other means. That is a broadly used term.

[Anjelika]

Difference is K1 ALLOWS immigrant intent wile visas like F1/B1/B2 DO NOT.

Similarly, H1b ALLOWS immigrant intent as well. All visas are called non-immigrant visas. That is a broadly used term.

I see. Well, let's just hope that when the time comes I will be able to prove to immigration attorities at the entry port in the USA that I intend to stay only temporarily. I read some treads on this website that things such a return ticket, a letter from employer, etc might help.

[txh1b]

If you are prepared, you could give it a try. No harm. I just wanted you to be aware of the consequences. For all we know, you might get a cool CBP officer that will allow you without any questions.

[Anjelika]

If you are prepared, you could give it a try. No harm. I just wanted you to be aware of the consequences. For all we know, you might get a cool CBP officer that will allow you without any questions.

I think that in general people must be more aware of their rights. I am in no way speaking on anyone's behalf, only about myself. If I know that I am a law obedient person, I do not intend to hide any facts from immigrational attorities, than I must be able to express myself clearly on this matter if such subject comes up upon my entry to the USA on a B2 visa. If my explantions are honest, they must see it this way, too. At the end of the day it is their job to let or not to let people in the USA (based on some kind of evaluation) and the least they can do is in fact do their job properly.

[txh1b]

the least they can do is in fact do their job properly.

Honestly speaking, if they went by the law books and did their job properly, you would not be allowed to visit as your immigrant intent is clear with an application for the K1 visa.

They will ask you to wait for the K1 to be approved and come back and marry. A popular embassy has this note painted on the wall. "A visa is not a right but a privilege"

[Anjelika]

Honestly speaking, if they went by the law books and did their job properly, you would not be allowed to visit as your immigrant intent is clear with an application for the K1 visa.

They will ask you to wait for the K1 to be approved and come back and marry.

I hear you. Immigrant intent is clear indeed, but is not it all about timing? I could have easily entered the USA on B2, get married there and apply for a status adjustment. I know many people have done so. Therefore, is not my pending K1 is a proof of my intentions of following all the rules?

Well, let's just hope for some understanding from their end.
Thank you for your comments.

[txh1b]

I hear you. Immigrant intent is clear indeed, but is not it all about timing? I could have easily entered the USA on B2, get married there and apply for a status adjustment. I know many people have done so. Therefore, is not my pending K1 is a proof of my intentions of following all the rules?

Well, let's just hope for some understanding from their end.
Thank you for your comments.

I am not questioning your intentions in any way. All we are talking about is hypothetical situations. You very well have no intentions to break the law and get married here if a K1 visa is pending. But, the law is written that way due to misuse by many people.

You very well make a valid point indeed and I am sure you will be able to convince the CBP person if questioned at POE. Fortunately, they do not always go by the books.

The time for security clearance varies anywhere between 2-8 months for simple cases.

[Anjelika]

I am not questioning your intentions in any way. All we are talking about is hypothetical situations. You very well have no intentions to break the law and get married here if a K1 visa is pending. But, the law is written that way due to misuse by many people.

You very well make a valid point indeed and I am sure you will be able to convince the CBP person if questioned at POE. Fortunately, they do not always go by the books.

The time for security clearance varies anywhere between 2-8 months for simple cases.

Thank you

Do you know by any chance if security clearance is done at the same time of visa processing, or visa processing is on hold till security clearance is completed? Will I be notified of this process or it will be done without my knowledge?