Hello and thank you for using our service. My name isXXXXX and I am a licensed attorney and will try my best to help you. I just ask for two things: 1) Before you sign off, please remember to rate me positively as that is the only way that I am paid and your question does not close after you rate me so I can still answer additional questions without additional charge if you have follow-ups even weeks or months later; and, 2) IF I have bad news for you, please remember I am only the messenger. When you rate me, it is my service to you that you rate, not whether the news is good or bad. I will try my best to give you a solution, but sometimes the law does not have a good one.
Can she technically visit? Yes. But the reality is that they most likely will not let her in. Why? Because for the visa waiver, she has to have non-immigrant intent and with a K-1 pending, that is proof of her intent to immigrate to the U.S. So more likely than not that they will just turn her around and send her back. So these are the three things that could happen:
1) She gets lucky and they let her in because they believe she will go back after her visit and not just stay in the U.S. and apply for Residency which legally she could do IF she can get in. This scenario will likely not happen.
2) She get unlucky and they do not let her in but allow her to withdraw her request to enter and she goes back home, no harm done except that she wastes the money on the plane tickets. This is the most likely scenario that will happen.
3) She gets really unlucky and they do not allow her to withdraw her request to enter and exclude her from the U.S. which is a 5 year penalty that she cannot come back or worse, if they catch her in a lie, it becomes a permanent penalty. There are waivers available to (forgive either penalty, but they are very hard to get and have to be applied for outside of the U.S.). This scenario is also unlikely to happen, but it is a risk which is why I recommend that she just stay home until the processing is done.
I am truly sorry for the bad news. I know she wants to see him sooner rather than later, but he may have to visit her instead. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance to you.
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