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ACINLOVE

Travel to US with K1 visa pending

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Filed: K-1 Visa Country: Italy
Timeline

Hi everybody,

I am new here. Probably my question has been asked a million times but I am not able to find the answers.

I am leaving on Sunday January 11th 2009 from the US to Italy, I stayed here 90 days with the visa waiver and my boyfriend proposed on Christmas Day (the most beautiful day of my life!!!!).

My boyfriend is gonna send as soon as possible the application for the K1 Visa. I am so happy but so scared.

I have some questions if someone can help me (sorry again if I am not able to browse the answers....)

-I am planning to come back on March 1st 2009 to visit him (for an other 90 days...I am a student so I can manage to stay for so long), can I come to the US with a new Visa Waiver or I have to stay in Italy while everything is processed?

-How long is gonna take the all process (please don't hurt my feelings....I know that the Consulate in Naples, Italy is pretty slow!)

-Any Italian who just went through the all process and can give me some advise?

Thank you again and please please please....don't hurt my feelings with horrible news..... :crying:


AC

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Filed: Country: United Kingdom
Timeline

Yes you can visit, see the following links

http://www.visajourney.com/forums/index.php?showtopic=67796

http://www.visajourney.com/faq/k1k2visa-application.html#4.6 (Q4.6)

As to how long it takes? How long is a piece of string. Can be a few months, can be a lot longer. See the timelines for estimated times.

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Filed: AOS (apr) Country: England
Timeline

You can use the visa waiver program to return to the US but should ensure you have sufficient evidence with you at the US point of entry to show you intend to return to Italy. A return ticket is not sufficient. You will need to show ties to Italy, such as ongoing employment, course of study which requires you return to Italy to complete, a rent or mortgage agreement. Anything which indicates you fully intend to return. You may not be asked at all but it is useful to have this information because it is possible that without it you could be refused entry to the US. I visited once during the K1 process and didn't have any problems.

I don't know much about the Italian consulate and timeframes but you can use the Immigration timelines on this site and filter it for your consulate to give you an idea. Good luck!

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First - congrats on your engagement!

second, check the guides that Laura+Tom linked - they are invaluable.

To give you some quick answers,

Yes, as long as you have a valid visa, you can visit as much as you want, however, you must be prepared to prove your intent on "just visiting" when you come to the POE.

If you are using the "student visa", you must remain in status, IE: actually attend school during your stay in the US. Don't get out of status!

K-1 visa time lines are about 6+ months right now. :yes: not to bad...

If you put in your time line info, you can search other time lines that fall into your criteria!

Good luck!


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

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Probably my question has been asked a million times but I am not able to find the answers

Did you try for longer than 2 seconds? ;) It's in the FAQ and in multiple threads.

Yes, you can visit on the VWP but be prepared for a hard time at the border; take lots of ties with you. Especially seeing as it's two 90 day stays in a few months.

The process takes around 5-9 months, no one can tell you the exact amount of time.

Good luck.

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Filed: Timeline

Actually, I found the Naples Consulate to be pretty efficient - I got NOA2 on Aug 6, and had my interview on Oct 8 (just have a look at my timeline for details). I spent much longer waiting for USCIS's approval than for the interview at Naples. I could have had my interview even earlier, but I had to wait for my birth certificate (it takes longer in Rome than elsewhere). Anyway, if you want to know more about the Consulate, look at the review here on the site - I edited some parts of it to add my own experience - and, of course, you're free to PM me any time you want!

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

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