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Conflicting USCIS info - go figure

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Filed: Timeline

I know this is not truly OT, but I have no idea where to put it.

I have a US friend who is marrying a Scottish guy. She spoke to USCIS yesterday - what # I do not know. Does this make sense to anyone? Has anyone actually filed for a visitor's visa (from a VWP country) while awaiting a K1/K3?

> Just got off of the phone with someone at USCIS. He suggested Stephen

> apply for a visitors visa at the US Consulate in his home country (Scotland) in

> order to come to the US to wait for the I-130/I129f to be processed. He

> said they would give him a tourist visa and a an immigration officer

> would decide how long to approve the visa for when he gets here. Sounds

> chancy but it may be my only option for us to live together while we

> wait. He said they could approve it for as little as two weeks and as

> much as 6 months.

This part makes less sense to me:

> The process sounds a bit silly because he said I could file a 129f and

> attach the filed 130 to get a k-3 for him to wait here while the 130 is

> being processed but that that could take up to 6 months, so it seems a

> bit pointless to me. He did say maybe it wouldn't take that amount of time.

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Filed: AOS (apr) Country: Philippines
Timeline

Not to mention that a visa still does not guaranty entry and the individual can still be turned by by the CBP


YMMV

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I know this is not truly OT, but I have no idea where to put it.

I have a US friend who is marrying a Scottish guy. She spoke to USCIS yesterday - what # I do not know. Does this make sense to anyone? Has anyone actually filed for a visitor's visa (from a VWP country) while awaiting a K1/K3?

> Just got off of the phone with someone at USCIS. He suggested Stephen

> apply for a visitors visa at the US Consulate in his home country (Scotland) in

> order to come to the US to wait for the I-130/I129f to be processed. He

> said they would give him a tourist visa and a an immigration officer

> would decide how long to approve the visa for when he gets here. Sounds

> chancy but it may be my only option for us to live together while we

> wait. He said they could approve it for as little as two weeks and as

> much as 6 months.

This part makes less sense to me:

> The process sounds a bit silly because he said I could file a 129f and

> attach the filed 130 to get a k-3 for him to wait here while the 130 is

> being processed but that that could take up to 6 months, so it seems a

> bit pointless to me. He did say maybe it wouldn't take that amount of time.

I think the person at USCIS did not realize Scotland was part of the VWP and that's why he suggested the tourist visa route? Did your friend mention that tourist visas are not necessart for visitors from Scotland to US?

As for the last part, I think the USCIS official was wrong. Perhaps he meant that the K-3 as it is a multiple entry visa, woulda allow the spouse to come to US and wait for the processing of the IR/CR-1 visa? I don't know but I thought if bot I-130 and I-129F are approved the petitioner must at some point make the decision to either pursue the straight immigrant visa, or go for the K-3, no?

-P


funny-dog-pictures-wtf.jpg

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Filed: Timeline
Not to mention that a visa still does not guaranty entry and the individual can still be turned by by the CBP

Yeah, right? I think she should do a VWP 90 day stay & not sweat yet another form to fill out.

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Filed: Timeline
My then fiance was with me while the K-1 was being processed on VWP - of course it wasn't finished in 90 days so he had to go back

True but 90 days is better than none, if you can afford to do it!

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Filed: Timeline
I think applying for the B visa is an invitation for trouble/problems, especially if one does have the intention to immigrate at some point - every British person I know who applied for one was treated with suspician.

I hear ya.

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