Entry on B-1/2 while K-1 is in process

[Blues Fairy]

Those whose SO has traveled to the US under the above circumstances, or ladies who have done so, please advise. 

This saturday I am flying to NYC to meet with my fiance, using my open tourist visa.  My last trip on this visa was in Feb'07 and I-129f was submitted shortly afterwards.   What would you say are my chances of being bounced at the POE and would it really help if I carry some kind of letter from my employer that I'm expected back at work on such-and-such date etc?  What other proof could I provide (no kids, rented appt, no other property except a car in Moscow)?  Kinda scared of the risk of having to fly straight back to Moscow after 9 hours in the air (ouch!)

[William3rd]

You have to prove at the port of entry to THEIR satisfaction that you have the intention to return home after your temporary visit to the US. Just because someone else was denied or admitted is not germane to your case.

Since you have a K petition pending, you are not a very good risk because you have a preconceived intent to emigrate. I would not advise any client to take this course of action.

That doesnt mean that you wont make it through-its just that I always believe that one should err on the side of caution than risk a denial of entry this close to a K visa being issued.

They will look at- how many visits you have made, how long were the prior visits, have there been any prior extensions of stay, the existence of an immigrant petition, how long this visit is planned for, return ticket, when tickets were purchased. Finally, the discretion of the inspector and then, if you are sent to secondary inspection, the discretion of the port director.

Part of this equation will depend on the level of scrutiny that they have decided that your flight will receive.

Good luck!!!!

[Blues Fairy]

Thanks William.  So I understand the content of the employer letter is not that important; it's my poker face that counts?

[William3rd]

in part. Your relaxed demeanor will be important. Bring the work letter along for what it is worth. Do not conceal anything. Open ended questions are designed to allow for you to misrepresent yourself.

[Blues Fairy]

Thanks.