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Can my fiancé travel to US for holidays while waiting for the K1 visa?

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Filed: K-1 Visa Country: Italy
Timeline

Hi!

We are still waiting for our NOA2 (unfortunately...but we need to be patient, we know!), it's two months already that we sent our package...

We were thinking to start organizing our Xsmas holidays. Do you know if there is any problem for my fiancé to enter the US just for a vacation while waiting for the K1 visa?

I mean do you think that he can have problems when going through Customs Control?

Thank you so much for your help!

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Filed: Citizen (apr) Country: Poland
Timeline

I'm not sure but if your under the visa waiver program and she has a tourist visa I don't think it matters.

Bernie

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Filed: Citizen (apr) Country: Mexico
Timeline

If your fiance(e) has the proper visa to travel to the US on holiday (or if your country doesn't require a US visa due to the visa waiver program) then he or she has a right to use that visa to come visit. There could potentialy be an issue if the immigration officers determine upon his or her entry that your fiance(e) intends to stay in the US as an immigrant and will not leave after the holidays. That's up to them. If he or she has a round trip ticket showing intention to return home and hasn't made a lot of recent, frequent visits to the US, it should not raise any concerns about your fiance(e) remaining in the US after the holidays.

Edited by mugumogu

K-1 Visa
04-29-2011: I-129F Sent
05-05-2011: I-129F NOA1
07-18-2011: I-129F NOA2
08-08-2011: NVC Received
08-09-2011: NVC Left
08-10-2011: Consulate Received
08-26-2011: Consulate mailed Packet 3 (invitation letter)
09-01-2011: Packet 3 (invitation letter) Received in US
09-10-2011: Packet 3 (invitation letter) Received in Mexico
09-22-2011: Interview: APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
10-04-2011: DHL Waybill number appears in the afternoon
10-05-2011: Picked up visa from DHL office
11-08-2011: POE Houston, Texas
11-19-2011: Married!

AOS
12-06-2011: Applied for Social Security Number
12-08-2011: AOS package sent (I-485, I-765, I-131, and supporting docs)
12-12-2011: Received Social Security Number and card in the mail
12-20-2011: Received NOA1 for I-485, I-765, and I-131
01-06-2012: Completed ASC appointment
02-02-2012: Received appointment notice for AOS interview on March 1, 2012
03-01-2012: Green card interview: APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
03-10-2012: Green card received

ROC

12-27-2013: I-751 Sent

01-02-2014: Received NOA1 for I-751

01-24-2014: Completed ASC appointment

04-01-2014: APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!! (no interview)

CITIZENSHIP

11-14-2016: N-400 Sent

05-19-2017: Naturalization interview:  APPROVED!!!!!!!

06-28-2017: Citizenship ceremony

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tourist visa, if she can proove strong ties with italy (house, bussiness, car, etc)

148280zkcv79ffi3.gifDeeDee & Sam 426064ng1n3ghbqw.gif

766837489_784932.gif


from filling I129F to POE- exactly 6 months


for k1 steps and dates check my timeline
AOS approved took 7 months you can chack my timeline for details

ROC

October 6th- mailed package

as1cJVfNw2k0710MTMybHN8MDQyMTdqc3xXZVwnd

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Hi!

We are still waiting for our NOA2 (unfortunately...but we need to be patient, we know!), it's two months already that we sent our package...

We were thinking to start organizing our Xsmas holidays. Do you know if there is any problem for my fiancé to enter the US just for a vacation while waiting for the K1 visa?

I mean do you think that he can have problems when going through Customs Control?

Thank you so much for your help!

Yes Italy is Visa waiver country with the USA. He can enter the country on a passport only for up to 90 days. No problems Merry Christmas.

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Filed: Citizen (pnd) Country: Italy
Timeline

Just because Italy is a visa waiver country does not necessarily mean that a POE officer will allow you into the country. I think there is some confusion by some (especially non-VWP countries) that somehow that the VWP is carte blanc to come and go when you like. In principle this is generally true, but as some on this forum have experienced, in reality it all depends on the POE officer.

We sought to have the Italian spouse come into the States while awaiting the CR-1 USCIS/NVC paper work to process. We contacted the embassy in Rome, and they explicitly told us that spouse should not travel to the States on a VWP, and that the proper visa would be Tourist visa, and they quite clearly said that because of our pending CR-1 visa status that unless we already had tourist visa, that the chances of being approved for a tourist visa was almost no good.

Further the US embassy in Rome told us while they know some people travel to the States on VWP with a pending visa, they officially do not permit it, and highly recommended that you do not attempt it as a POE has all of your pending visa status on the computer terminal. Of course people often do, and many times people have no problems. Be prepared to prove you have strong ties with returning to Italy in XX days (clear proof of employment etc). After reading several success stories of people from other VWP countries, we considered it, but the Italian spouse did not want to take a chance and later explain it in an interview down the road, and besides it's a looooong flight home if you get turned around. Remember that a POE officer has no problem turning you around, and as we all know some of these officers seem to relish acting like jerks (not all, but most of them seem to be).

I'm not trying to sound pessimistic, but I think you should be fully aware of the stakes. Some people may just tell you to go for it, but I think you should contact the embassy and ask them. Call whichever consulate is closest, just email them or call (we've done both over this very question). Getting turned around at a POE because the suspicious officer thinks you will overstay is not a major offense, but I can imagine it is not only wasted money for a flight, but disheartening (as I've read by others on this forum-just search a little bit you will find those stories from VWP countries). If you have strong proof of family ties and make a short trip of it, you may be fine, but just be aware of the otherside of the coin.

The other option is to have the US citizen travel to Italy, and Italy in the time of the year as you know is cheaper to travel and very festive.

whatever you decide good luck! The time will go by before you know it.

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Filed: Lift. Cond. (apr) Country: Italy
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Hello,

My fiance came to visit from italy while we were waiting for our NOA2 also. I was really nervous about it. He took his copy of the I-129f package that we sent as proof that we were going about things the legal way, but he didn't bring any other proof than that, because unfortunately he was not working and he doesn't own a house or lease an apartment right now... So, I was very nervous while I was waiting at the airport to pick him up....

All of my nervousness was for nothing. He made it through customs without any problems and he was here for 88 days...

He said the officers were nice, didn't even ask to see any proof that he was returning except to check that he had a return flight. He flew into Logan international airport in boston, which we have never had any problems with.

Italy is a visa waiver country, so you don't need as visa, as you probably already know.

If you want to plan a trip, I say go for it, but just know that its not a complete guarantee.

Sept. 2009- met while studying in Italy
1/3/2011- engaged
3/28/2011- I-129f mailed
4/4/2011- NOA1 email
4/11/2011- NOA1 hard-copy
8/3/2011- NOA2
10/12/2011- Interview and Visa Approval!

January 7 2012- wedding

07/22/14-Mailed I-751 to remove conditions

01/28/2015- removal of conditions approved

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Filed: Citizen (apr) Country: Australia
Timeline

Just because Italy is a visa waiver country does not necessarily mean that a POE officer will allow you into the country. I think there is some confusion by some (especially non-VWP countries) that somehow that the VWP is carte blanc to come and go when you like. In principle this is generally true, but as some on this forum have experienced, in reality it all depends on the POE officer.

We sought to have the Italian spouse come into the States while awaiting the CR-1 USCIS/NVC paper work to process. We contacted the embassy in Rome, and they explicitly told us that spouse should not travel to the States on a VWP, and that the proper visa would be Tourist visa, and they quite clearly said that because of our pending CR-1 visa status that unless we already had tourist visa, that the chances of being approved for a tourist visa was almost no good.

Further the US embassy in Rome told us while they know some people travel to the States on VWP with a pending visa, they officially do not permit it, and highly recommended that you do not attempt it as a POE has all of your pending visa status on the computer terminal. Of course people often do, and many times people have no problems. Be prepared to prove you have strong ties with returning to Italy in XX days (clear proof of employment etc). After reading several success stories of people from other VWP countries, we considered it, but the Italian spouse did not want to take a chance and later explain it in an interview down the road, and besides it's a looooong flight home if you get turned around. Remember that a POE officer has no problem turning you around, and as we all know some of these officers seem to relish acting like jerks (not all, but most of them seem to be).

I'm not trying to sound pessimistic, but I think you should be fully aware of the stakes. Some people may just tell you to go for it, but I think you should contact the embassy and ask them. Call whichever consulate is closest, just email them or call (we've done both over this very question). Getting turned around at a POE because the suspicious officer thinks you will overstay is not a major offense, but I can imagine it is not only wasted money for a flight, but disheartening (as I've read by others on this forum-just search a little bit you will find those stories from VWP countries). If you have strong proof of family ties and make a short trip of it, you may be fine, but just be aware of the otherside of the coin.

The other option is to have the US citizen travel to Italy, and Italy in the time of the year as you know is cheaper to travel and very festive.

whatever you decide good luck! The time will go by before you know it.

They lied to you. Entering with a pending visa is usually a good sign that you're doing things the legal way and you're rarely given issues. This nonsense about "officially" not allowing it?.. weird. In the event you ARE denied entry it will have NO impact on your pending visa as you're denied for immigrant intent and that's the point of the K1/CR-1 etc.

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Filed: Timeline

Visited the US last week on the VWP through Toronto. Being risk averse, I decided to pay a slight premium to enter at Pearson Airport to ensure that I wouldn't have to board the flight if they decided to deny entry. With the advice from VJ, I had stocked up on a bunch of "evidence" to show "ties" to Canada, all of which turned out to be completely unnecessary (just never asked, not even about return itinerary). Come to think about it, I think this was the easiest entry I've ever had into the US: none of the usual demeaning questions about my relationship, etc. I doubt the border officer could see any information about the pending K-1 application on his computer terminal. If he did, he for sure didn't mention anything about it.

If the fiance is an Italian citizen, I think attempting entry on the VWP is preferable to applying for a tourist visa. In particular, there was a post a while back about someone in your situation who had applied for and been denied a tourist visa rather than going on the VWP (which they were eligible for). Consequently, they now have to check the "ever been denied a US visa" box on the ESTA ever after.

At the end of the day, it all depends on the who he runs into at the border. It doesn't matter if he's on the VWP or on a tourist visa: if the border officer has a bad day, they can still deny entry. Trying to be polite and composed when talking to them will certainly not hurt. On the whole, prepare for the worst and hope for the best!

Best of luck!

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Filed: K-1 Visa Country: Wales
Timeline

The chances of an issue entering are very very very small.

I also visited on the VWP without problems.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Canada
Timeline

Carrying a copy of the K-1 immigration package with all of the notices you have received to date is useful. This shows that you are aware of the proper immigration process and are following the correct route. In fact, you have invested money and time into the process already and are not likely to jeopardize your success by doing something stupid like breaking immigration law :) .

I travelled a number of times to visit my then fiance during our K-1 process. I was pulled into secondary immigration inspection twice and in both cases, when they were going through my package of 'ties to Canada' and they reached the K-1 file, they quickly looked at it, closed the folder then handed it back and wished me a good visit.

So, yes you can visit. Prepare a package of documents that show your ties to Italy (job, financial obligations, etc. ) and include a copy of your K-1 paperwork as well. That, along with your return ticket, will help reassure the border officials that you really are intending to visit on this trip, rather than to stay.

Good luck.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

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Another Member of the VJ Fluffy Kitty Posse!

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Filed: Citizen (pnd) Country: Italy
Timeline

They lied to you. Entering with a pending visa is usually a good sign that you're doing things the legal way and you're rarely given issues. This nonsense about "officially" not allowing it?.. weird. In the event you ARE denied entry it will have NO impact on your pending visa as you're denied for immigrant intent and that's the point of the K1/CR-1 etc.

Not sure why the DOS would "lie to me", rather I think they are telling us what is stated on the books. Whether someone chooses to heed that advice is another issue. As I indicated in my posting, many people pull it off without a hitch, but as can be found throughout this forum over the years you can also be turned around, and many people have posted such stories. Why do you say it's "nonsense" because others have done it and go through. As I indicated, the best way is to ask the embassy, and if that's nonsense, then I guess you could say the "official" visa process is as you say "nonsense".

What I said was that you need to know what is officially permitted and what the possible repercussions are.

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  • 2 years later...

Not sure why the DOS would "lie to me", rather I think they are telling us what is stated on the books. Whether someone chooses to heed that advice is another issue. As I indicated in my posting, many people pull it off without a hitch, but as can be found throughout this forum over the years you can also be turned around, and many people have posted such stories. Why do you say it's "nonsense" because others have done it and go through. As I indicated, the best way is to ask the embassy, and if that's nonsense, then I guess you could say the "official" visa process is as you say "nonsense".

What I said was that you need to know what is officially permitted and what the possible repercussions are.

Hi!

Here you go.. some "official" help... :thumbs: but yes as demonstrated it can go either way.. best to be prepared in advance and have evidence... JIC

Can I travel to the U.S. for business or pleasure while my K fiancé/fiancée visa is pending?

You can travel however you may be subject to scrutiny. Travel under another visa status or the visa waiver program is not advisedfor 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. For more information about Nonimmigrant visa for a fiancé (e) K visa visit Travel.state.gov.

You can see more here:

https://help.cbp.gov...ee-visa-pending

~ Jan ??,2013 ~ Service Center ~ Vermont I-129F Packet sent

NOTE: Actual sent date unknown due to lawyer negligence - I delivered ALLForms and PAID Lawyer on Nov 7, 2012 - Lawyer kept saying he sent the packet and USCIS must have lost it. When in reality he failed to send the package and only a new copy to USCIS after I made a legal written demand giving him 10 days to perform or return ALL monies paid to him, due to "non-performance".

(IMO it's better to save your money for visits to or from your Fiancé and just fill it out yourself using the K-1 Guide on VJ and Senior Members... They Rock!!!)

 

Jan 11, 2013 ~ I-129F Packet Rec'd by USCIS aka NOA 1

Feb 13, 2013 ~ Alien Number Changed/Assigned

May 24, 2013 ~ Case Transferred from Vermont to Texas Service Center (3 E~Notices May 24, 25 and 29 Only one via U.S. Mail)

July 2, 2013 ~ RFE Notification Email and Text Rec'd

July 8, 2013 ~ RFE Hardcopy Rec'd (Requesting Signed/Original "Intent to Marry within 90 days of Arrival" letter from both parties.)

Fiance Letter of Intent template can be downloaded here: http://www.visajourney.com/examples/Fiance_Letter_of_Intent.doc

July 11, 2013 ~ Requested Evidence sent via Priority Mail to TSC

July 13, 2013 ~ USPS Notification ~ Package Delivered (a Saturday)

July 15, 2013 ~ RFE Response Rec'd by USCIS

July 18, 2013 ~ NOA2 - Petition Approved ~ No Text ~ No Email ~ Just showed up in the mail on July 22nd

Aug 6, 2013 ~ Sent to NVC

Aug 8, 2013 ~ Rec'd at NVC & Embassy specific Case Number Assigned (Call Visa Specialist at 202-485-7600 (Press 1 then 0)

Aug 12, 2013 ~ "In Transit" Status DOS Site ~ Sent Electronically Check Here: https://ceac.state.gov/CEACStatTracker/Status.aspx?

Aug 14, 2013 ~ "Ready" Status on DOS site (meaning Rec'd by Consulate/Embassy)
Sep 3, 2013 ~ Interview Date rec'd (for 2+ months later) by (Call Visa Specialist at 202-485-7600 (Press 1 then 0)
Sep 21, 2013 ~ Packet 4 Hardcopy rec'd via US Mail - Fiancee didn't receive his had to pick up a reprint at Embassy.
Nov 7, 2013 ~ Interview Date - Visa Approved!!!!
 

What to Do After Receiving NOA2 - Dominican Style!

http://www.visajourney.com/wiki/index.php/Dominican_Republic:_After_Receiving_the_NOA2

 

 

AOS Timeline

 
Sept 17, 2014 - NOA 1 for Adjustment of Status
         Oct. 13 - Job Offer received
         Oct. 14 - EAD Expedite requested
         Oct. 16 - Biometrics Taken
         Oct. 17 - Evidence/Offer letter sent
         Oct. 22 - Expedite Approved - Status changed to Card Production
         Oct. 28 - Card Mailed w/Tracking number
         Oct. 30 - EAD/AP Combo Card Rec'd!!! - Our Thanks to God!! Gracias a Dios!
 
Feb 24, 2015 - Received Notice of Potential Interview Waiver dated Feb 18,2015. - Trusting God for a super fast GC Approval!
 
June 3, 2015 - Put in a Service Request regarding EAD upcoming expiration/potential renewal.
 
June 6, 2015 - Rec'd letter stating our case was being transferred to Los Angeles Field office.
 
June 15, 2015 - AOS Approved!! No text - No email - Online Case Status still on Fingerprint Fee Rec'd
June 19, 2015 - Received "Welcome Letter" via U.S Mail <3 Gracias a Papa Dios!!!! Thank you, God!!
June 22, 2015 - Email and Text update that Cond. Perm. Res. Card had been picked up by USPS
 
June 23, 2015 - Conditional Permanent Residence Card Delivered by USPS Priority Mail - Can't wait to see Hubby's face when he checks the mailbox!!
 
 
Removal of Conditions on Status
 
March 23, 2017- Packet Overnighted Packet
March 24, 2017- Packet Delivered to USCIS
 

………..•*¨`*•. .•*¨`*•………….
Make it a great day…
Be a Blessing to someone!!!!

****
•*¨`*•. (¯`v´¯) (¯`v´¯) .•*¨`*•****
. . . ♥
•*¨`*•.¸(¯`v´¯)¸.•´*¨`*•♥ . . .
***
•*¨`*•. ….♥ •.¸.•´♥… .•*¨`*•***
………..•*¨`*•. .•*¨`*•………….
      
      
    
  

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Filed: Citizen (apr) Country: Ecuador
Timeline

Good answer just above, but this thread was last active in Fall 2011 and is being closed because of its age. The pinned thread atop the K-1 Process forum remains.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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