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Mathilda

tourist visa (or VWP) before or after K-1 petition?

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Hi folks,

Fist of all, I want to thank this amazing community. It really helps to hear about people's experiences and being able to share yours.

I need some advise for my situation. Precisely, I would need to hear experiences of people that successfully or not attempted to enter the U.S. while the K-1 (or K-3) application was pending.

1) I have been here on a J1 (actually 3: short 6 months, 1 year+1 year renewal) with 2-years home (Italy) requirement. As many of us, I fell in love and got engaged in the meanwhile. Even if neither did I plan it, nor I wanted to, now I need to go back to be with my love, who is American.

2) First, I applied for the 2-years waiver (no Objection) and a day before I was notified of the approval, I found out the awful long processing times of K-1 and K-3 visas. It sucks, full support to who is waiting right now. Of course, what I thought it was the end of a very stressful experience was in fact just the beginning.

see my J1 waiver timeline here:

http://www.visajourney.com/forums/topic/289012-j1-waiver-no-objection-italy-timeline/

3) What to do next!? I know that if we apply for the K-1 visa, they may not allow me to go back to the U.S. to visit, which I feel is really unfair. Furthermore, one of my best friends (yes, 3 years are enough to make good friends) is getting married and I am one of her bridesmaids. It would be really awful if they did not allow me to go to her wedding. So here's my options:

– Spend some time (1 month) in Italy (with my mom in the house which I have always had residence in and I co-own),apply for the tourist visa (or try to enter on the VWP), go to my friends' wedding, petition the K-1. This sounds reasonable but I have a PhD and I am in a delicate moment of my career, so I don't want to stop working for an entire year, especially, not just for my friend's wedding (which is important but not more than my life)...

– Spend some time (1 month) in Italy (with my mom in the house which I have always had residence in and I co-own), file the K-1 petition first in the meanwhile, collect proof of ties with home country, apply for a tourist visa or enter for 3 months on a VWP, go to my friend's wedding, spend some time with my love, come home and wait again. After all, I got temporary visas before and I have never neither convicted with crimes, nor overstayed.

How many of you have tried this in similar situation?

Any thought is appreciated!

Thanks,

Mathilda


AOS from Visa Waiver to Green Card (became out of status meanwhile)
Apr 26, 2011 - (Day -49) AOS package (I-485, I-130, I-131, I-765 and supporting evidence) sent to Chicago Lockbox
Apr 28, 2011 - (Day -47) Package delivered to Chicago Lockbox
May 24, 2011 - (Day -21) Rejection date on forms I-797 (wrong address on form I-485)
May 30, 2011 - (Day -14) Form I-797, Notice of Action/Rejection in the mail
Jun 14, 2011 - (Day 0) AOS package (I-485, I-130, I-765 and supporting evidence) sent to Chicago Lockbox
Jun 16, 2011 - (Day 2) Package delivered to Chicago Lockbox
Jun 27, 2011 - (Day 13) Received receipt confirmation via email for all three forms
Jul 1, 2011 - (Day 17) NOA1 paper receipt for EAD in the mail
Jul 2, 2011 - (Day 18) NOA1 paper receipts for 1-485 and i-130 in the mail
Jul 6, 2011 - (Day 22) Biometrics notice in the mail
Jul 20, 2011 - (Day 36) Biometrics taken on day of appointment
Aug 1, 2011 - (Day 48) Contacted local senator to assure employment authorization arrives on time to accept job offer
Aug 5, 2011 - (Day 52) Employment authorization approved (neither text nor email received)
Aug 8, 2011 - (Day 55) Employment authorization card in the mail
Sept 12, 2011 - (Day 90) Interview Notice in the mail (SMS/email seemingly skipped)
...
Oct 18, 2011 - (Day 126) Interview (APPROVED)

I-751, Petition to Remove the Conditions of Residence

Jul 23, 2013 - (Day 0) I-75 Package mailed to VSC

Jul 25, 2013 - (Day 2) I-75 Package delivered to VSC

Jul 30, 2013 - (Day 7) Check cashed

Jul 31, 2013 - (Day 8) NOA1 received (filing date Jul 26, 2013)

Aug 05, 2013 - (Day 13) ASC Appointment Notice received

Aug 8, 2013 - (Day 16) Biometrics taken - early walk-in (scheduled Aug 27, 2013)

Sep 16, 2013 (Day 55) Case transferred to CSC.

Sep 19, 2013 - (Day 58) NOA2

Approved!

N-400, Application for Naturalization

Jun 07, 2016 - (Day 0) I-75 Package mailed to VSC

Jun 14, 2016 - (Day 6) Check cashed

Jul 02, 2016 - (Day 25) Biometrics NOA

Jul 18, 2016 - (Day 41) Biometrics Taken

Aug 30, 2016 - (Day 84) Interview NOA

Sep 28, 2016 - (Day 113) Interview Scheduled

...

Will I be able to vote at the 2016 elections?

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You are already in the US, so if you want to get married now, you can marry in the US and file for your adjustment of status. If you go this route, you will not be able to go to Italy for around 3 months after you send in the application, until you get a temporary travel permission called Advance Parole. Once you get your GC that makes the temporary travel permission obsolete, as you get travel permission with the card itself.

Here is the guide:

http://www.visajourney.com/content/i130guide2

Also, you can check out this forum:

http://www.visajourney.com/forums/forum/130-adjustment-of-status-from-work-student-tourist-visas/

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Thanks for your reply, Harpa.

Unfortunately my visa expired and I used my 30 days grace period to visit his family in the U.S., then I went home. He proposed during Xmast so we did not have the time to realize all these time issues and I received notice of the waiver approval only on Jan the 31st so we were not sure about our possibilities for sure. Short story, now I am in Italy. :bonk:


AOS from Visa Waiver to Green Card (became out of status meanwhile)
Apr 26, 2011 - (Day -49) AOS package (I-485, I-130, I-131, I-765 and supporting evidence) sent to Chicago Lockbox
Apr 28, 2011 - (Day -47) Package delivered to Chicago Lockbox
May 24, 2011 - (Day -21) Rejection date on forms I-797 (wrong address on form I-485)
May 30, 2011 - (Day -14) Form I-797, Notice of Action/Rejection in the mail
Jun 14, 2011 - (Day 0) AOS package (I-485, I-130, I-765 and supporting evidence) sent to Chicago Lockbox
Jun 16, 2011 - (Day 2) Package delivered to Chicago Lockbox
Jun 27, 2011 - (Day 13) Received receipt confirmation via email for all three forms
Jul 1, 2011 - (Day 17) NOA1 paper receipt for EAD in the mail
Jul 2, 2011 - (Day 18) NOA1 paper receipts for 1-485 and i-130 in the mail
Jul 6, 2011 - (Day 22) Biometrics notice in the mail
Jul 20, 2011 - (Day 36) Biometrics taken on day of appointment
Aug 1, 2011 - (Day 48) Contacted local senator to assure employment authorization arrives on time to accept job offer
Aug 5, 2011 - (Day 52) Employment authorization approved (neither text nor email received)
Aug 8, 2011 - (Day 55) Employment authorization card in the mail
Sept 12, 2011 - (Day 90) Interview Notice in the mail (SMS/email seemingly skipped)
...
Oct 18, 2011 - (Day 126) Interview (APPROVED)

I-751, Petition to Remove the Conditions of Residence

Jul 23, 2013 - (Day 0) I-75 Package mailed to VSC

Jul 25, 2013 - (Day 2) I-75 Package delivered to VSC

Jul 30, 2013 - (Day 7) Check cashed

Jul 31, 2013 - (Day 8) NOA1 received (filing date Jul 26, 2013)

Aug 05, 2013 - (Day 13) ASC Appointment Notice received

Aug 8, 2013 - (Day 16) Biometrics taken - early walk-in (scheduled Aug 27, 2013)

Sep 16, 2013 (Day 55) Case transferred to CSC.

Sep 19, 2013 - (Day 58) NOA2

Approved!

N-400, Application for Naturalization

Jun 07, 2016 - (Day 0) I-75 Package mailed to VSC

Jun 14, 2016 - (Day 6) Check cashed

Jul 02, 2016 - (Day 25) Biometrics NOA

Jul 18, 2016 - (Day 41) Biometrics Taken

Aug 30, 2016 - (Day 84) Interview NOA

Sep 28, 2016 - (Day 113) Interview Scheduled

...

Will I be able to vote at the 2016 elections?

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Ahhh, I see. Then what I said does not apply obviously :) Well, plenty of people have successfully visited the US while their K-1 visas were pending. I remember a recent thread called "Yes, you can visit" or something with someone's success story. Not sure about the B-2 visa in the interim though. If you are looking for work positions in the US related to your PhD you might be able to demonstrate a need for a B-1 visa or something (to attend interviews). Good luck!

Edit: Found the thread... I guess it's old, but good info I think:

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Good point! I am applying for various positions all around the world, including the U.S. so I can hope to get an interview.

To be honest, I would not even go through this immigration nightmare if it was not for my fiance' (up to) 4-years amazing postdoc position... I wish I could tell the consul how little I care about the green card! :blush:


AOS from Visa Waiver to Green Card (became out of status meanwhile)
Apr 26, 2011 - (Day -49) AOS package (I-485, I-130, I-131, I-765 and supporting evidence) sent to Chicago Lockbox
Apr 28, 2011 - (Day -47) Package delivered to Chicago Lockbox
May 24, 2011 - (Day -21) Rejection date on forms I-797 (wrong address on form I-485)
May 30, 2011 - (Day -14) Form I-797, Notice of Action/Rejection in the mail
Jun 14, 2011 - (Day 0) AOS package (I-485, I-130, I-765 and supporting evidence) sent to Chicago Lockbox
Jun 16, 2011 - (Day 2) Package delivered to Chicago Lockbox
Jun 27, 2011 - (Day 13) Received receipt confirmation via email for all three forms
Jul 1, 2011 - (Day 17) NOA1 paper receipt for EAD in the mail
Jul 2, 2011 - (Day 18) NOA1 paper receipts for 1-485 and i-130 in the mail
Jul 6, 2011 - (Day 22) Biometrics notice in the mail
Jul 20, 2011 - (Day 36) Biometrics taken on day of appointment
Aug 1, 2011 - (Day 48) Contacted local senator to assure employment authorization arrives on time to accept job offer
Aug 5, 2011 - (Day 52) Employment authorization approved (neither text nor email received)
Aug 8, 2011 - (Day 55) Employment authorization card in the mail
Sept 12, 2011 - (Day 90) Interview Notice in the mail (SMS/email seemingly skipped)
...
Oct 18, 2011 - (Day 126) Interview (APPROVED)

I-751, Petition to Remove the Conditions of Residence

Jul 23, 2013 - (Day 0) I-75 Package mailed to VSC

Jul 25, 2013 - (Day 2) I-75 Package delivered to VSC

Jul 30, 2013 - (Day 7) Check cashed

Jul 31, 2013 - (Day 8) NOA1 received (filing date Jul 26, 2013)

Aug 05, 2013 - (Day 13) ASC Appointment Notice received

Aug 8, 2013 - (Day 16) Biometrics taken - early walk-in (scheduled Aug 27, 2013)

Sep 16, 2013 (Day 55) Case transferred to CSC.

Sep 19, 2013 - (Day 58) NOA2

Approved!

N-400, Application for Naturalization

Jun 07, 2016 - (Day 0) I-75 Package mailed to VSC

Jun 14, 2016 - (Day 6) Check cashed

Jul 02, 2016 - (Day 25) Biometrics NOA

Jul 18, 2016 - (Day 41) Biometrics Taken

Aug 30, 2016 - (Day 84) Interview NOA

Sep 28, 2016 - (Day 113) Interview Scheduled

...

Will I be able to vote at the 2016 elections?

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Ahhh, I see. Then what I said does not apply obviously :) Well, plenty of people have successfully visited the US while their K-1 visas were pending. I remember a recent thread called "Yes, you can visit" or something with someone's success story. Not sure about the B-2 visa in the interim though. If you are looking for work positions in the US related to your PhD you might be able to demonstrate a need for a B-1 visa or something (to attend interviews). Good luck!

Edit: Found the thread... I guess it's old, but good info I think:

http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

BTW, thanks for the post, I read through it carefully and it is great! Lots of positive vibes, some scare, but most important: it confirmed that they are not trying to prevent couple from being together, but they are just trying to prevent illegal immigration (kind of reasonable).

After all, if you are honest on the purpose of your stay and your intentions, should be fine.

M.


AOS from Visa Waiver to Green Card (became out of status meanwhile)
Apr 26, 2011 - (Day -49) AOS package (I-485, I-130, I-131, I-765 and supporting evidence) sent to Chicago Lockbox
Apr 28, 2011 - (Day -47) Package delivered to Chicago Lockbox
May 24, 2011 - (Day -21) Rejection date on forms I-797 (wrong address on form I-485)
May 30, 2011 - (Day -14) Form I-797, Notice of Action/Rejection in the mail
Jun 14, 2011 - (Day 0) AOS package (I-485, I-130, I-765 and supporting evidence) sent to Chicago Lockbox
Jun 16, 2011 - (Day 2) Package delivered to Chicago Lockbox
Jun 27, 2011 - (Day 13) Received receipt confirmation via email for all three forms
Jul 1, 2011 - (Day 17) NOA1 paper receipt for EAD in the mail
Jul 2, 2011 - (Day 18) NOA1 paper receipts for 1-485 and i-130 in the mail
Jul 6, 2011 - (Day 22) Biometrics notice in the mail
Jul 20, 2011 - (Day 36) Biometrics taken on day of appointment
Aug 1, 2011 - (Day 48) Contacted local senator to assure employment authorization arrives on time to accept job offer
Aug 5, 2011 - (Day 52) Employment authorization approved (neither text nor email received)
Aug 8, 2011 - (Day 55) Employment authorization card in the mail
Sept 12, 2011 - (Day 90) Interview Notice in the mail (SMS/email seemingly skipped)
...
Oct 18, 2011 - (Day 126) Interview (APPROVED)

I-751, Petition to Remove the Conditions of Residence

Jul 23, 2013 - (Day 0) I-75 Package mailed to VSC

Jul 25, 2013 - (Day 2) I-75 Package delivered to VSC

Jul 30, 2013 - (Day 7) Check cashed

Jul 31, 2013 - (Day 8) NOA1 received (filing date Jul 26, 2013)

Aug 05, 2013 - (Day 13) ASC Appointment Notice received

Aug 8, 2013 - (Day 16) Biometrics taken - early walk-in (scheduled Aug 27, 2013)

Sep 16, 2013 (Day 55) Case transferred to CSC.

Sep 19, 2013 - (Day 58) NOA2

Approved!

N-400, Application for Naturalization

Jun 07, 2016 - (Day 0) I-75 Package mailed to VSC

Jun 14, 2016 - (Day 6) Check cashed

Jul 02, 2016 - (Day 25) Biometrics NOA

Jul 18, 2016 - (Day 41) Biometrics Taken

Aug 30, 2016 - (Day 84) Interview NOA

Sep 28, 2016 - (Day 113) Interview Scheduled

...

Will I be able to vote at the 2016 elections?

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