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Visiting while waiting for K1 & how long?

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Filed: K-1 Visa Country: Australia
Timeline
2 hours ago, forfars said:

Is it not an option to arrange a 2 week visit for example but extend your flight once in the US? I’m doing that but I’m on an ESTA so not sure if it’s different, I was originally going to leave on June 16 but Im extending til mid july. I think it depends what you get stamped in your pssport at the POE. 

 

I don't see why not. It is up to the discretion of the officer at POE what date they allow you to stay until. 

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Canada/Mexico are good options - you can totally avoid the inherent risks with US Customs etc :D

ROC Window Opened: Thursday 7th December 2017

Posted Package: Friday 8th December

Package Received at USCIS: Monday 11th December

Check Cashed: Thursday 21 December

NOA Received: Wednesday 27 December

NOA Dated: Tuesday 12 December

Biometrics Letter Received: Saturday 13 January 2018

Biometrics Letter Notice Date: Friday 5 January

Biometrics Appointment: Wednesday 24 January

I-797 NOA I751 18 Months Extension Letter Received: 30 July (in an envelope from 'Potomac Service Center' Arlington VA)

I-797 NOA I751 18 Months Extension Letter Received: 08 August (in an envelope from 'Vermont Service Center' St Albans VT) different version!

On February 27, 2018, we received your Form I-751, Petition to Remove Conditions on Residence, Receipt Number EAC xxxxxxx at your local office :unsure: ?!

On April 9, 2018, we received your Form I-751, Petition to Remove Conditions on Residence, Receipt Number EAC xxxxxxx at your local office :unsure: ?!

N-400 Applied 7th December 2018

N400 Interview 11th July 2019. Ended up being a ROC combo interview

ROC Approved 11th July 2019 (a few hours after interview)

N-400 Approved 11th July (a few hours after interview)

Oath Ceremony 22nd July - I am now a US citizen!

 

 

I went through Philadelphia:

Thursday July 11: I had my Naturalization Interview

Thursday July 11: A few hours later updated to show Oath Ceremony will be Scheduled

Friday July 12: Oath Ceremony Notice was mailed

Monday July 22: Oath Ceremony

Wednesday July 24: Certificare of Naturalization was mailed

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On 6/7/2018 at 3:27 AM, Le&Dy said:

But on my last visit to the US in January I was taken in for questioning and told it didn't look good that I was spending so much time there and I was only able to stay for 1 month and told that we needed to find an alternative arrangement if we wanted to continue our relationship, and so we got engaged (love also had something to do with it haha).

I had a similar experience before we filed for K1. My (now) wife was separated but not divorced, so we couldn't file for k1 while we waited for her divorce.

I'd traveled a few times without issue, but then on my 4th trip the immigration officer gave me a hard time and told me I was "virtually living" in the USA - I was returning one month after a trip that lasted one month. I pointed out that I'd only spent one of the last 7 months in the USA. I also pointed out that on my last trip they'd stamped a 90 day visa in my passport, but I only stayed one month, and would have still been within that 90days, had it been my intention to "virtually live" in the USA.

 

I said that it was never my intention to violate the US immigration laws - I'd visited many times, and also held a J1 around 20 years ago, and always complied with the terms of my visas. At this point his attitude seemed to change a little. He said that we needed to find something more permanent, and I explained that we would do k1 when we were eligible (ie my girlfriend's divorce was finalized). He let me in, but I decided not to visit USA for 4-5 months after that (and we had next meeting in Canada). When I returned 4-5 months later I had no issues.

Its impossible to say what will happen to you at immigration. But I would say:
1) if your last trip was January, a trip in the next few months would be a good few months after this.
2) if you can show you've filed for K1 that is good evidence that you are doing to do the immigration thing properly
3) don't make it a long trip - 2-3 weeks is a vacation, stay longer and it begins to look like something else. Try to plan a vacation within the USA... the immigration official said to me there is no such thing as a "visiting my girlfriend" visa, its a tourist visa and you should be doing tourism. Not strictly true (as visiting family or friends is within VWP and tourist visas), but gives an insight into the mind of immigration officer.

Edited by Limey

--- k1 visa ---
Texas Service Center (Abandon Hope All Ye Who Enter Here)
I-129F sent: 12 Aug 2014
I-129F NOA1: 15 Aug 2014
I-129F NOA2: 2 Mar 2015 (199 days from NOA1) **No RFEs!**
NVC Received: 19 Mar 2015
Case#, IIN, BIN assigned: 19 Mar 2015
NVC Left: 20 Mar 2015
Consultate Received: 23 Mar 2015
Package 3 Received: 26 Mar 2015
Medical: 10 Apr 2015
Packet 3 Sent: 10 Apr 2015
Packet 4 Received: 23 Apr 2015
Interview Date: 8 May 2015 (Approved!!!)
Visa Issued: 14 May 2015
Visa in Hand: 19 May 2015
Entry to USA: 5 Jun 2015
Married: 21 Jun 2015

---Adjustment of Status---
Sent I-485, I-131 and I-765: 7 Jul 2015
NOA1 for I-485, I-131 and I-765: 14 Jul 2015
Email notification that I-765 was approved: 12 Sep 2015
Email notification that I-131 was approved: 15 Sep 2015
Email notification that EAD/AP combo card was mailed: 15 Sep 2015
EAD and AP combo card received: 18 Sep 2015
Green Card Received: 3 Dec 2015 [ :)] Previous letter stated interview requirement was likely to be waived

 

---Removal of Conditions---
Sent I-751: 13 Oct 2017
NOA1 for I-751: 23 Oct 2017

Biometrics: 20 Nov 2017
Approved: 20 Dec 2018

Green Card Received: 2 Jan 2019

 

-- Citizenship --
Filed Online: 21 Feb 2020
NOA1 (Online): 22 Feb 2020
Biometrics: 10 Mar 2020

Interview: 29 Jul 2020 (Approved - Oath taken immediately due to covid19)

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City: Nittany Lion Country Filed: K-1 Visa Country: Vietnam
Timeline
On 6/7/2018 at 8:29 AM, Boiler said:

Sounds like you have been working in the US which is a no no.

No.

 

"A. Definitions

1. Unauthorized Employment

Unauthorized employment is any service or labor performed for an employer within the United States by a foreign national who is not authorized by the INA or USCIS to accept employment or who exceeds the scope or period of the foreign national’s employment authorization."

 

You mistake the phrase 'within the United States' to mean any work done withing the boarders of the US.  That's incorrect.  That must be read as an EMPLOYER within the US.

 

The I-9 Manual defines work as:

Any service or labor performed by an employee for an employer within the U.S., but not including casual domestic employment or duties performed by nonimmigrant crewmen (D-1 or D-2).

 

Need more proof?  Read the B1 Visa:

B-1 Temporary Business Visitor
You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States, including, but not limited to:

  • Consulting with business associates
  • Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
  • Settling an estate
  • Negotiating a contract
  • Participating in short-term training
  • Transiting through the United States: certain persons may transit the United States with a B-1 visa
  • Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa

Notice how these all include domestic business activities/entities?

 

By your definition, no one on a B2 visa could even check their work email, as that is, by your definition 'working'.   Everyone adult carrying a laptop would be suspect.

 

Any B2 visa holder can work for their employer while in the US.  The key is that you cannot work for a US based employer.

 

This forum is so wrong at times.

 

 

 

Edited by SmallTownPA
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Filed: Timeline
5 minutes ago, SmallTownPA said:

No.

 

"A. Definitions

1. Unauthorized Employment

Unauthorized employment is any service or labor performed for an employer within the United States by a foreign national who is not authorized by the INA or USCIS to accept employment or who exceeds the scope or period of the foreign national’s employment authorization."

 

You mistake the phrase 'within the United States' to mean any work done withing the boarders of the US.  That's incorrect.  That must be read as an EMPLOYER withing the US.

 

The I-9 Manual defines work as:

Any service or labor performed by an employee for an employer within the U.S., but not including casual domestic employment or duties performed by nonimmigrant crewmen (D-1 or D-2).

 

Need more proof?  Read the B1 Visa:

B-1 Temporary Business Visitor
You may be eligible for a B-1 visa if you will be participating in business activities of a commercial or professional nature in the United States, including, but not limited to:

  • Consulting with business associates
  • Traveling for a scientific, educational, professional or business convention, or a conference on specific dates
  • Settling an estate
  • Negotiating a contract
  • Participating in short-term training
  • Transiting through the United States: certain persons may transit the United States with a B-1 visa
  • Deadheading: certain air crewmen may enter the United States as deadhead crew with a B-1 visa

Notice how these all include domestic business activities/entities?

 

By your definition, no one on a B2 visa could even check their work email, as that is, by your definition 'working'.   Everyone adult carrying a laptop would be suspect.

 

Any B2 visa holder can work for their employer while in the US.  The key is that you cannot work for a US based employer.

 

This form is so wrong at times.

 

 

 

You may want to read this; https://www.avvo.com/legal-answers/work-remotely-for-foreign-employer--for-1-month--w-2068878.html

 

Boiler is correct.

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17 minutes ago, SmallTownPA said:

By your definition, no one on a B2 visa could even check their work email, as that is, by your definition 'working'.   Everyone adult carrying a laptop would be suspect.

 

Any B2 visa holder can work for their employer while in the US.  The key is that you cannot work for a US based employer.

 

This forum is so wrong at times.

This topic has been brought up in numerous threads every week for years. There is no clear answer on what crosses the line...only opinions.

In this particular case, it seems that the officers felt it was crossing the line. Until either the INA, USCIS, or BIA rulings provides more clear guidance to match today's world, it will remain a gray area.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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1 minute ago, SmallTownPA said:

Plane reading and no case law says otherwise.  If there was a rash of B2 visa's getting the boot then there would be a clear policy.

 

Bottom line USCIS has clearly defined work and employment to mean US BASED employers.  

 

Again, any adult entering the US with a laptop on a B2 would get denied entry with these misconceptions of 'work'.

Plane reading? Oh my~ I haven't been on a plane in months...I must be behind.

 

There's lots of factors other than those noted explicitly above. There's active vs passive employment (e.g. checking your email is passive), whether or not there is a US branch of the company, whether the work is being conducted remotely or if you are just located abroad, etc.

Your opinion that it is permitted is fine. But it is far from a fact and dangerous to state it as such.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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The issue is is not if it is working by literal definition. The issue is an office can deny entry if they perceived a person is working on a B2.

 

Just like the article I always post about the teen who was going to help babysit her cousins for the summer, the border agent said, “nope” and sent her home. 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

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Filed: Lift. Cond. (apr) Country: China
Timeline

***Back and forth bickering posts removed; cease and desist immediately or appropriate Administrative Action will be applied.***

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: K-1 Visa Country: Japan
Timeline

My honey visited me once while we were waiting for the visa process.  It was only a one week visit but they definitely wanted to see her return ticket, proof that she was still employed and had an apartment in her country.  They did inform her very sternly that she had to leave again and that if she stayed she would lose her pending visa application.   There are risk involved in visiting before the visa is approved.

 Best wishes! 

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Filed: AOS (apr) Country: Australia
Timeline
On 6/7/2018 at 8:48 AM, Le&Dy said:

Well that's what they accused me of and tried to pressure me into "confessing". But I really don't think I did anything wrong. Any work I did while in the US was online for my Australian clients, paying in Australian dollars into an Australian bank account which I pay Australian taxes on. They sure made me feel like a criminal none the less though.

My (now husband) had a similar experience. He was living and working in the US for 6 years on an E2 investment visa. The company was sold to  a Canadian Company and he lost his visa.

 

When he came back to visit me 3 months after he left, he still had his apartment in the US and was brought in for questioning because they were afraid he was planning on trying to live here again (he wasn't). He was eventually let in on his ESTA for a month to visit. He came again later that year and had no questioning but it is always a gamble and you can't predict the situation. I did visit him twice for a month each. We would take turns going back and forth visiting for the 2 years we did the distance thing.

 

Lucky for me the Australian Immigration officers were friendly because my passport never worked electronically entering/exiting Australia and I was always initially denied entry until someone from immigration manually ran my passport through the system. :P

Edited by AshMarty

01/31/17.... K1 Visa Approved

02/03/17.... K1 Visa Received in Hand

06/05/17....Arrived in the USA (LAX)

06/24/17....Married on Cape Cod <3

 

07/10/17....Sent AOS package (I-485, I-131, I-765)

07/17/17.... AOS notice date for NOA1 (I-485, I-131, I-765)

07/21/17.... Received mailed hardcopies of NOA1s

07/29/17.... Biometrics Notice received in mail 

08/01/17.... Biometrics Appointment AOS - complete (walked in)

08/07/17.... Biometrics Appointment EAD - complete (walked in)

10/23/17.... EAD/AP card delivered to house YAY!

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