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Robert5086

Visa waiver program and I-129f

By Robert5086 in K-1 Fiance(e) Visa Process & Procedures

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Robert5086 Newbie

Robert5086   0

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I was just wondering if there is anyway possible my fiance who is from Korea can stay with me during the I-129f process.... or is there any other way she can stay in America and get married... I heard from a couple of people that she could just over stay with her VWP... but I really don't want to get her in any trouble... any help would be greatly appreciated...

Rob

canadian_wife Grand Master

canadian_wife   1,831

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Any and all overstays are illegal - so no, she can not simply overstay without running the risk of complicating your immigrant visa process

She can visit using the VWP however admittance and duration of stay are up to the boarder patrol and she should being STRONG ties to Korea to show that she intends to return.

Coming to the US to marry and return to her home country are perfectly OK. Coming to the US on the VWP with the intention of staying and immigrating is visa fraud and can result in a lifetime ban.

Good luck

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August 12, 2008 - petition sent
August 16, 2008 - NOA-1
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178 DAYS FROM NOA-1

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February 13, 2009 - NVC case number assigned
March 12, 2009 - Case Complete
25 DAY TRIP THROUGH NVC

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POE - June 20, 2009 Toronto - Atlanta, GA

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Filed - April 14, 2011
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October 16, 2015 - US Citizen

Robert5086 Newbie

Robert5086   0

Posted
Filed: Timeline
  • Author
Posted
Any and all overstays are illegal - so no, she can not simply overstay without running the risk of complicating your immigrant visa process

She can visit using the VWP however admittance and duration of stay are up to the boarder patrol and she should being STRONG ties to Korea to show that she intends to return.

Coming to the US to marry and return to her home country are perfectly OK. Coming to the US on the VWP with the intention of staying and immigrating is visa fraud and can result in a lifetime ban.

Good luck

Thank you... I figured it would be something like that...

rin and john Proficient

rin and john   71

Posted
Filed: Citizen (apr) Country: Thailand
 Timeline
Posted (edited)
I was just wondering if there is anyway possible my fiance who is from Korea can stay with me during the I-129f process.... or is there any other way she can stay in America and get married... I heard from a couple of people that she could just over stay with her VWP... but I really don't want to get her in any trouble... any help would be greatly appreciated...

Rob

Depends where she was at the moment you decided to marry and where she is now. Entering the USA with intent to marry and stay is immigration fraud and can have serious consequences. Entering the USA to visit and marrying on a spur of the moment decision and then filing for AOS is not immigration fraud. So,

1. Is she in the USA right now?

2. If so, when does her I-94 expire?

3. Was she in the USA when you decided to marry?

Edited by rin and john

K-3

11/15/2006 - NOA1 Receipt for 129F

02/12/2007 - I-130 and I-129F approved!

04/17/2007 - Interview - visa approved!

04/18/2007 - POE LAX - Finally in the USA!!!

04/19/2007 - WE ARE FINALLY HOME!!!

09/20/2007 - Sent Packet 3 for K-4 Visas (follow to join for children)

10/02/2007 - K-4 Interviews - approved

10/12/2007 - Everyone back to USA!

AOS

06/20/2008 - Mailed I-485, I-765 (plus I-130 for children)

06/27/2008 - NOA1 for I-485, I-765, and I-130s

07/16/2008 - Biometrics appointment

08/28/2008 - EAD cards received

11/20/2008 - AOS Interviews - approved

Citizenship

08/22/2011 - Mailed N-400

 
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