After filing for a K1 can my finace travel to see me in America?
Answer:
Yes, he can travel to the US on the VWP for a short visit even though he plans to immigrate when the K1 is approved and can be issued. This is what we call "dual intent," meaning that he intends to immigrate but for this trip, he is only visiting.
In fact, if asked by CBP he should tell the truth: he's going to visit his fiancee for XX days, then return to England and finish his job, organize his stuff, and get ready to immigrate to the US in about six months.
You need to ask someone in the State Department. Congratulations on winning a trip.
I didn't try to enter the U.S. after my American sponsor had filed for the K-1 visa and while it was being processed for me. I can't say with 100% certainty that they would've denied me entry into the U.S. during that time but I do know that it's generally not a good idea to travel in and out of a country that you currently have pending immigration matters with. And, I'm quite sure that they would've stopped me at the border and asked me a lot of serious questions had I tried to enter the U.S. during that time.
My American sponsor did however come visit me during that time. She was able to leave the U.S. and come visit me but as far as I understand I was not able to do the same, as far as visiting her in the U.S. while the K-1 visa was being processed.
I would read up on the issue at USCIS.gov and find out the exact rules. You don't want to put your immigration case in jeopardy over this. Good luck!
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