Need Visa Waiver and K1 help please

[Dave_n_Genna 0]

My fiancee was in the USA (from NZ) with me over the summer on the Visa Waiver Program. She was here for 3 months and left on Aug 9th.

Since that time, we have aplied for the Fiancee Visa.

Now I would really like to bring her back for another 3 months so we can spend the holidays together. I can get a cheap set of tickets (relatively speaking) for Oct 28th.

My questions are:

Will they let her return?

Will it affect the K1, since when I filled out the forms, I marked the box for her NOT currently being in the USA?

Thanks tons for any answers!

[Donna-marie 0]

HI

No it wont affect your k1 application, as to whether they will let her in the country or not is entirely up to the interviewing officer on your point of entry, if she takes with her ties to her country documentation for example, mortgage details, employment details and a letter stating she is emplyed and intends to return to work at such date, they might let her in, but it is not guaranteed, with it only being her second visit from what u typed in here she should be ok. There are other posts on the subject did u try the New Zealand forum you will prob find someone in there that can help you.

Donna

[MonkeyJuice 3]

My fiancee was in the USA (from NZ) with me over the summer on the Visa Waiver Program. She was here for 3 months and left on Aug 9th.

Since that time, we have aplied for the Fiancee Visa.

Now I would really like to bring her back for another 3 months so we can spend the holidays together. I can get a cheap set of tickets (relatively speaking) for Oct 28th.

My questions are:

Will they let her return?

Will it affect the K1, since when I filled out the forms, I marked the box for her NOT currently being in the USA?

Thanks tons for any answers!

I'm English and going through the K1 process and I'm currently in US on a visa waiver and I leave on 28th November. I really wanted to come back for a visit over Christmas but was told that you have to be out of the US for as long as you were in to be eligible for another visas waiver.

So your fiance should be ok to come back but it depends on the Immigration officer also.

[YuAndDan 153]

FAQ, FAQ: http://www.visajourney.com/faq/k1k2visa-application.html#4.6 4.6)...Can my fiance(e) come to the US to visit me once the visa process is started?

[Dave_n_Genna 0]

hmmm... sounds sketchy...

I guess I wont be seeing my love for the holidays =(

[Old Dominion 26]

hmmm... sounds sketchy...

I guess I wont be seeing my love for the holidays =(

I think you're good to go. Until sometime in January, your petition will be in process. So until it is approved, you do not have a pending visa application. The application for a visa can be submitted only after your petition is approved and the file sent to the consulate in New Zealand. More than likely, the Department of State has no knowledge of your petition, which is to the Department of Homeland Security.

[desert_fox 32]

[ I think you're good to go. Until sometime in January, your petition will be in process. So until it is approved, you do not have a pending visa application. The application for a visa can be submitted only after your petition is approved and the file sent to the consulate in New Zealand. More than likely, the Department of State has no knowledge of your petition, which is to the Department of Homeland Security.

If a petition has been submitted and assigned a case number, then CBP will be very aware of it when she arrives at a POE. The CBP falls under Homeland Security as does the USCIS.

[SusieK 3]

[ I think you're good to go. Until sometime in January, your petition will be in process. So until it is approved, you do not have a pending visa application. The application for a visa can be submitted only after your petition is approved and the file sent to the consulate in New Zealand. More than likely, the Department of State has no knowledge of your petition, which is to the Department of Homeland Security.

If a petition has been submitted and assigned a case number, then CBP will be very aware of it when she arrives at a POE. The CBP falls under Homeland Security as does the USCIS.

Correct - they do know!

[Shannon ♥ Nick 0]

We filed our K1 in July 08 and I have just got back from 3 weeks in the US and had no problems with CBP.

When you say "approved" do you mean once you have received the NOA2 ?

[KitEEgirl 0]

It is up to the officer..but on a positive note...

We applied for our K1 when he was here in the country for 3 months in January 2008......He left a few days later.....

He came back! 5 weeks later and was granted another 90 days... He was here when we got the NOA2 in March. Then we booked a roundtrip ticket from here for him to go back for his medical and interview.

He was prepared with lease agreement and a letter from his employer but was never asked for it.

If your fiance comes, what airport will he fly into? Some "say" some airports are easier than others...

hmmm... sounds sketchy...

I guess I wont be seeing my love for the holidays =(

[Laura+Tom 2]

[ I think you're good to go. Until sometime in January, your petition will be in process. So until it is approved, you do not have a pending visa application. The application for a visa can be submitted only after your petition is approved and the file sent to the consulate in New Zealand. More than likely, the Department of State has no knowledge of your petition, which is to the Department of Homeland Security.

If a petition has been submitted and assigned a case number, then CBP will be very aware of it when she arrives at a POE. The CBP falls under Homeland Security as does the USCIS.

Actually it was discussed elsewhere in this forum that the POE do not know you are applying for a visa.

As long as you bring plenty of ties to your home country, you should be ok. Be aware they may question you a bit more in entry.

[Dave_n_Genna 0]

Um... My Fiancee does not have a job at the moment. I am supporting her till she can come to marry in the US and begin life here. What else would qualify as "ties" to NZ?

Also, if she is here, and the Visa progresses to over there... are we in trouble? or will she just be able to continue it when she returns?

Thanks for the help so far.

[Laura+Tom 2]

Ties include, rental/morgage agreements, bank details, return ticket, I'm sure there are more.

[amaciar 0]

hmmm... sounds sketchy...

I guess I wont be seeing my love for the holidays =(

My husband is a kiwi and he came over for the holidays last year and at the time he had just finished his job and didn't have a lease. He said he wasn't even questioned. He only stayed about a month but he had no hassles. He had been into the country about 3 times in the last 2 years on the three month travel visa. Have a look at the New Zealand category because I know a few of them have been in and out of the US lately.

Edited October 20, 2008 by amaciar

[Dave_n_Genna 0]

Okay, so I'm really considering just going for it. Thats pretty much how our relationship has been so far... we're in love, and if things look rough, we just go for it anyway.

If I can possibly see her for the holidays, I gotta try.

Thanks for all the kind help and replies =)