A few questions

[TashaK 1]

I know I just said hi, but I already have a few questions. I've scoured the guides and board and haven't found the answers so I hope these are alright!

First, my fiance is coming over on the visa waiver program in just over 2 weeks (yay!!) and we'll be putting together the K1 petition together. Before we were engaged and had decided to do the K1 visa, he bought plane tickets to come over Christmas, will that be a problem if the K1 is already submitted? I'm afraid they won't let him in when they scan his passport at the border in case they think he's trying to come in to stay. We're thinking he would have a copy of his itinerary as well as maybe the letter from his employer saying he's expected back at work?

Secondly, in the initial packet is a non-certified copy of a divorce degree sufficient or should we give a certified copy? I only have one (but can get more, obviously) and was planning on saving it for FI to bring to his interview.

Thanks in advance!!

Tasha

[MichelleN 0]

My fiance has come over twice since we started the process and never had a problem But your ideas about what to bring along are good. Better to have too much proof/info than not enough.

Unfortunately I don't know about the divorce degree.

[JimVaPhuong 4,864]

A lot of people visit while waiting for the K1 process and don't have problems. His intent to immigrate eventually has been established by the K1 petition submission, but that is sometimes offset by the fact that you're obviously trying to do it the proper way. It just kinda depends on how the CBP officer wants to look at it. Any evidence he can bring to prove his ties to his home country and his intent to return would be good. If he does end up getting denied entry then he'll need to get a visitor's visa for any future visits.

There is only one original divorce decree. It's the document that was signed by the judge. The court clerk keeps that document on file. The court clerk can produce a copy of that original document, and certify that it's an authentic copy of the original document by applying their stamp and signature to the copy. That is a certified copy of the divorce decree. USCIS will accept a photocopy of a certified copy. You don't have to go to the courthouse and get another original certified copy for them. Your fiance may be asked to present the original certified copy at the interview, and you may also be asked to present it later on at the green card interview. As long as you bring an extra photocopy they'll usually give you back the original and keep the photocopy for their files. This applies to any original document.

[TashaK 1]

Thanks so much for the replies! I'm relieved he'll be able to come back for Christmas, we'll try to get as much evidence of him returning as we can. I just can't bear the thought of him being turned away at the border 5 days before Christmas!!

Thanks for the advice about the divorce decree. I'll send a photocopy of my certified copy and he can bring the original certified copy to his interview.

Tasha