Future Travel After a Limited Stay

[Jimmy85]

My fiance is Polish. We first met about 2 years ago when she was in the states visiting some mutual friends of ours. We did not start dating until this past July when she came back for a visit and we reconnected. Unfortunately, she was given a limited stay of 1 month for that visit. She was changing jobs and while she was not working wanted an extended vacation here. She came over on a one way ticket. Rightfully so, the situation raised some red flags and a full 6 month stay was not permitted on her B2. We'd like to be together and so we are starting the paper work on a K-1 visa.

My good buddy has his wedding coming up and I would like her to come for it. It would also give us a chance to get our ducks in a row for when the K-1 is approved.

Given that we will have a K-1 visa filed and she was given a limited stay on her last trip, think she has any chance at being let in for 2 or 3 weeks?

[PKumar01]

Unless she overstayed, was barred or otherwise found inadmissible, there's on reason for her not to be admitted. A pending I-129F application for K visa is not grounds for no entry. However, you have to consider the fact that Customs/Immigration may assume she's here with "immigrant intent" on a b2 visa given that she's got a pending fiance visa. So, there's no guarantee she'll be admitted. Again, unless she's was found inadmissible or barred, she can still come to the US, however there's no guarantee she'll be admitted.

[Libra_14]

Best bet for her would be to be ready for extra questioning & proof that she has legit reason to visit & would surely return after that.

[PKumar01]

Right, it's best to bring along proof, a return-ticket, and more to show that she won't stay, has a legit reason for entry, etc.

[Jimmy85]

Thank you so much for the responses! We will be up front with the immigration officers about the K-1. Hopefully showing them that we are going through the right channels to get her here will give them some comfort that she won't overstay her visa. We are expecting that she will be flagged for secondary questioning since we was given this limited stay last time. We will be sure she as much documentation as possible to show that she won't stay.

[Libra_14]

Well, I won't suggest to share about K1 plan, as this shows immigration intent & B1/B2 is not for that.

She got that "Limited stay" for that visit only, I too got it once on B1, but haven't had any problem in later visits.

[Jimmy85]

Yeah we won't hide it, but also won't bring it up if we don't have to. Our lawyer did say that he's had plenty of clients travel on a B-2 after having filed a K-1. It really just depends on the immigration officer. I'm glad to hear that you haven't had any problems since getting the limited stay. That was a big concern for us. Hopefully it all goes smoothly. Thanks for the help.

[Libra_14]

Yeah we won't hide it, but also won't bring it up if we don't have to. Our lawyer did say that he's had plenty of clients travel on a B-2 after having filed a K-1. It really just depends on the immigration officer. I'm glad to hear that you haven't had any problems since getting the limited stay. That was a big concern for us. Hopefully it all goes smoothly. Thanks for the help.

Best of luck & please share your experience back with the forum.

[Jimmy85]

Happy to say that she made it in without any issues. Her previous limited stay did not come up at all. It was all very straight forward.

[PKumar01]

Glad to hear. Are you currently waiting for your I-129F petition?

[Libra_14]

Happy to say that she made it in without any issues. Her previous limited stay did not come up at all. It was all very straight forward.

Great, congratulations. Any questions asked at POE?