Jump to content
ealachan

hypothetical situation

By ealachan in K-1 Fiance(e) Visa Process & Procedures

 Share

4 posts in this topic

Recommended Posts

ealachan Explorer

ealachan   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

I'm curious to know...if my UK fiance enters the US on a visitor's visa after the 2nd NOA but before his interview...would that work? I realize he'd have to go back to the UK for his interview, but as long as he didn't over-stay his visitor's visa, could he do this?

In other words, his job in the UK gets done as of Sept 30th. He wants to be here in the states with me directly after that...but we're not sure the K-1 will have cleared by then. Would he be allowed to stay in the States on a visitor visa until his interview?

Why do they have to make this all so freaking complicated?! That was rhetorical...I know why...I'm just unhappy about it.

Our Timeline

11/2001 - met online

6/2006 - first face-to-face meeting (he's been over 7 times total since then).

1/26/09 - filed I-129F with VSC

1/27/09 - package rec'd, NOA1 sent

1/30/09 - NOA1 hardcopy rec'd

1/31/09 - touched

4/29/09 - NOA2 email rec'd from CRIS! YIPPEE!!

5/12/09 - Mark rec'd Packet 3

5/29/09 - returned packet 3

7/12/09 - resubmitted packet 3 after being told for weeks that it was never rec'd

8/19/09 - interview scheduled for 9/11/09! Medical moved to 9/10/09.

9/10/09 - medical - passed

9/11/09 - interview - approved pending embassy receipt of medical results!!!!!!! Hard to believe it's finally done!!

10/2/09 - POE: Logan Airport in Boston, MA. Absolutely no problems, aside from the customs official not knowing what to do with the visa and having to find someone to help.

10/10/09 - Married!! :D :D :D

12/2/09 - SSN applied for in Montpelier, VT

12/7/09 - SSN received in the mail - that was fast!

1/9/2010 - AOS & EAD package sent

1/15/2010 - NOA's received for both AOS and EAD applications

1/22/2010 - biometrics appointment letter rec'd - appt is for 2/2 in St. Albans, VT.

Igor's List

4/29/09 - APPROVED!

4/28/09 - #208

4/24/09 - #218

4/17/09 - #235

4/10/09 - #250

4/7/09 - #271

3/1/09 - #371

2/2/09 - #455

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted
I'm curious to know...if my UK fiance enters the US on a visitor's visa after the 2nd NOA but before his interview...would that work? I realize he'd have to go back to the UK for his interview, but as long as he didn't over-stay his visitor's visa, could he do this?

In other words, his job in the UK gets done as of Sept 30th. He wants to be here in the states with me directly after that...but we're not sure the K-1 will have cleared by then. Would he be allowed to stay in the States on a visitor visa until his interview?

Why do they have to make this all so freaking complicated?! That was rhetorical...I know why...I'm just unhappy about it.

Yes, you can travel during the process, if he has a valid visitors visa.

However, being that it's NOA2 - it may delay your processing, since the visit(s) may trigger more background checks.

So - take that in consideration!

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

payxibka Grand Master

payxibka   10,048

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
I'm curious to know...if my UK fiance enters the US on a visitor's visa after the 2nd NOA but before his interview...would that work? I realize he'd have to go back to the UK for his interview, but as long as he didn't over-stay his visitor's visa, could he do this?

In other words, his job in the UK gets done as of Sept 30th. He wants to be here in the states with me directly after that...but we're not sure the K-1 will have cleared by then. Would he be allowed to stay in the States on a visitor visa until his interview?

Why do they have to make this all so freaking complicated?! That was rhetorical...I know why...I'm just unhappy about it.

same entry requirements exist... If he can demonstrate to the satisfaction of the border officer he will not stay, then he will be allowed entry... if not they will turn him around....

YMMV

ealachan Explorer

ealachan   0

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted
I'm curious to know...if my UK fiance enters the US on a visitor's visa after the 2nd NOA but before his interview...would that work? I realize he'd have to go back to the UK for his interview, but as long as he didn't over-stay his visitor's visa, could he do this?

In other words, his job in the UK gets done as of Sept 30th. He wants to be here in the states with me directly after that...but we're not sure the K-1 will have cleared by then. Would he be allowed to stay in the States on a visitor visa until his interview?

Why do they have to make this all so freaking complicated?! That was rhetorical...I know why...I'm just unhappy about it.

same entry requirements exist... If he can demonstrate to the satisfaction of the border officer he will not stay, then he will be allowed entry... if not they will turn him around....

Ahh...this is good to know.

Our Timeline

11/2001 - met online

6/2006 - first face-to-face meeting (he's been over 7 times total since then).

1/26/09 - filed I-129F with VSC

1/27/09 - package rec'd, NOA1 sent

1/30/09 - NOA1 hardcopy rec'd

1/31/09 - touched

4/29/09 - NOA2 email rec'd from CRIS! YIPPEE!!

5/12/09 - Mark rec'd Packet 3

5/29/09 - returned packet 3

7/12/09 - resubmitted packet 3 after being told for weeks that it was never rec'd

8/19/09 - interview scheduled for 9/11/09! Medical moved to 9/10/09.

9/10/09 - medical - passed

9/11/09 - interview - approved pending embassy receipt of medical results!!!!!!! Hard to believe it's finally done!!

10/2/09 - POE: Logan Airport in Boston, MA. Absolutely no problems, aside from the customs official not knowing what to do with the visa and having to find someone to help.

10/10/09 - Married!! :D :D :D

12/2/09 - SSN applied for in Montpelier, VT

12/7/09 - SSN received in the mail - that was fast!

1/9/2010 - AOS & EAD package sent

1/15/2010 - NOA's received for both AOS and EAD applications

1/22/2010 - biometrics appointment letter rec'd - appt is for 2/2 in St. Albans, VT.

Igor's List

4/29/09 - APPROVED!

4/28/09 - #208

4/24/09 - #218

4/17/09 - #235

4/10/09 - #250

4/7/09 - #271

3/1/09 - #371

2/2/09 - #455

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...