Can I travel to the U.S. while my K-1 fiancee visa is pending? | Immigration Law Group, LLC

Can I travel to the U.S. while my K-1 fiancée visa is pending?

While you may be able to travel while on a fiancée visa to visit your loved one, it is usually safer not to. The U.S. Customs and Border Protection official site states that visitors may be subject to scrutiny. They further state that: “travel under another visa status or the visa waiver program is not advised for K-1 fiancé/fiancée visa applicants prior to the approval of their K visa as they have already indicated their intention is to marry in the U.S.”

It is important to remember that all travelers to the U.S. may be inspected at the port of entry by an immigration officer. The officer has the right to deny admission if they believe a temporary visitor has “immigrant intent” also known as having dual intent, upon entry into the U.S. The fact that the officer knows of a fiancée visa applicant’s intent to marry in the U.S., they may be subject to heightened scrutiny and would have to prove they do in fact intend to leave the U.S. prior to their authorized period of stay.  Therefore, it is often a better alternative for the U.S. petitioning spouse to visit their fiancée abroad during the pending wait period that it takes for their spouse’s K-1 fiancée visa to be approved. Contact Us Today if you have any questions