Need Visa Waiver and K1 help please

[Dave_n_Genna 0]

One more Question!

If she is here, and the NOA2 comes.. does she have to fly right back? Or can she finish out her time here, and deal with the final Visa stuff when she gets back?

Thanks again!

[Ju&Ja 1]

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.

Ummmmm, not true... I'm a good exemple. Here is my story :

- 5 dec 2007 arrived in California and stayed 90 days

- Beginning March went back to France for 3 weeks

- End of March arrived in California and stayed 90 days

- End of june went back to France for 5 weeks

- End of july arrived in California and stayed 86 days

- End of october went back to France and will stay 'til I get my K1

It really depends of the officer. The 2 first times I had no problem, no question nothing. Last time at the end of july I had to wait and to meet another officer than the regular one at the POE. He asked me tones of questions and prooves. But he let me get in the US and became less rude as soon as I talked about the K1 process. But he told me to not comeback next time without my K1 in hands cuz' I would have some risks to get denied... So now I'm back in France and I'm waiting my K1. My man arrives at the end of november. If I have a good advice to give, it is better for the US citizen to visit his/her fiancé. Because even if you have no risk for your K1 if she/he is denied it will cost you a lot because she/he will have to take the next flight to go back to his/her country. And a single ticket is crazy expensive.

[Ju&Ja 1]

One more Question!

If she is here, and the NOA2 comes.. does she have to fly right back? Or can she finish out her time here, and deal with the final Visa stuff when she gets back?

Thanks again!

Your timeline says that you will maybe receive your NOA2 middle/end of january. Then she will have to wait (if I'm not wrong) around a month to receive her package number 3. So it might be end of february. I don't know how long you have to send back the package 3 to the embassy but I'm sure that if she comes back to NZ middle of march it will be ok for you to be together and not being at risk for your visa...Hope it helped !

[KimandRuss 0]

Nobody can tell you if she will be denied entry or not. It has everything to do with the immigration officer at the POE.

There is no law that states the amount of time you can visit or that you must leave for as long as you stayed in the Country. It is 'unwritten' that the VWP is to be used for just that...visiting. If you(she) is spending more time in the U.S. than in her own Country... then there will/can be a problem.

Russell was denied entry last year after coming in and out on the VWP for quite a while. We took advantage of it and risked it because it was the only way we could be together.

just fyi... Electronic System for Travel Authorization (ESTA) begins in January (it's voluntary now) so this is sure to crack down on those visiting 'too much'.

Anyway, it's a little harder coming from somewhere like New Zealand because it's such a long and expensive flight compared to many places. Depending on where you live in the States, perhaps you could have a back up plan (like Canada for example).

A NZ citizen without a job and with a U.S. fiance.... it's a ####### shoot really.

If she does get in and is able to spend the holidays with you then the approved petition will be valid for 4 months from the day it is approved so you probably wont have any issues. It normally takes just a few days to get to Auckland and they process them relatively quickly. They are extremely easy to deal with and will answer emails (look in the NZ regional for the address). You can always request an extension if it cuts too close.

[payxibka 10,048]

One more Question!

If she is here, and the NOA2 comes.. does she have to fly right back? Or can she finish out her time here, and deal with the final Visa stuff when she gets back?

Thanks again!

No, this process is applicant driven. You can control the timing on the next steps.... The consulate will send out an information packet and that is all they will do... If you do not respond, after 3-4 months (maybe longer) they will consider it abandoned.

[Stinky Monkey 1]

One more Question!

If she is here, and the NOA2 comes.. does she have to fly right back? Or can she finish out her time here, and deal with the final Visa stuff when she gets back?

Thanks again!

I filed and got my Noa1 June 30 so I should have my NOA2 next month. I have booked a flight to Texas for the Christmas holidays so if I get my packet 3 before I go I will just delay sending it back. It does take some time from approval to actually receiving the packet so I am not concerned. Have your time together and send back the packet 3 when you can, I will try and get everything filled in before I go and will send it on my return.

have fun together

[Laurence+Lauren 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 =)

Exactly the way my fiancee and I feel. Even though there's a long flight between us, we will still try even knowing there's a chance we could be denied. I'll be flying there in November to see her, taking as much info and 'ties' as I can. As you say, when you love eachother that much, you gotta try. Good luck!

[lili&kai 0]

One more Question!

If she is here, and the NOA2 comes.. does she have to fly right back? Or can she finish out her time here, and deal with the final Visa stuff when she gets back?

Thanks again!

Hi

I last visited Kai in September and the NOA2 arrived while I was there. That is not an issue. It was actually pretty nice since we were together to get all the documents ready for package 3 (the hugest pile of documents ever!!). The only thing you need to make sure is that she doesn't stay for too long cause the NOA2 is valid only for 4 month. so if u get NOA2 when she arrives and then she stays 3 month in the US you may be very short in time to finish the process..

good luck with the whole process!

Lili