Jump to content

7 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Ireland
Timeline
Posted

Hi

the better half will soon be here under the VWP for 88 days and we plan to file our K1 I-129-F the week she gets here.

I was thinking of using my Vacation time to take a bike ride around the great lakes with her. which would take us into Canada for a week or more. will this be a problem or can I use it to my advantage in anyway ??

1). if shes out of the USA can we restart her 90 days so we can be together longer or would they consider this fraud.

2). do I need to stop and make sure they stamp her passport. when going out and back in ??

3). anything I'm over looking ? not worth taking the chance leaving the country??

post-102787-0-13859900-1301262079_thumb.jpg

“Nobody can go back and start a new beginning, but anyone can start today and make a new ending.”

Filed: Citizen (apr) Country: Canada
Timeline
Posted

1. as long as they admit her, there is no fraud. However, you cannot step out of the US and then restart with 90 days on the VWP. They will either deny her entry or limit her stay in the US

She can leave the country however, there is not guarentee that she'll be readmitted or for how long

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


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


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: AOS (apr) Country: Scotland
Timeline
Posted

Hi,

Part B, Question 12 of I-129F requires that if your fiancee is in the US at the time of filing you provide them with her current status in the US, I-95 number and date of departure from the US.

My fiancee and I drove from Alaska to Vermont. While I was in the US on the VWP and we had filed the I-129. When we arrived the the Canadian customs they asked me how long I would be in Canada and why I was entering the country. We told them we were passing through and they did not stamp my passport or do any official paperwork. They just checked my flight from the East coast back to Scotland. When we re-entered the US the we explained the situation to the US customs agent and he checked my flight out of the US and he checked with me that I was not overstaying.

I was concerned about the officials thinking we were popping over to Canada in order to restart the VWP. I have no experience of how this is received. Personally I wouldn't chance it.

Good luck with whatever you do! You'll be together soon.

05-2010 I-129F application received by USCIS.

05-2010 NOA1 received.

07-2010 NOA2 received.

07-2010 Packet 3 received.

08-2010 Packet 3 returned.

09-2010 Medical in London.

10-2010 Interview at US Embassy in London: Approved.

10-2010 POE Newark, NJ.

11-2010 Married in Vermont.

03-2011 Notice of acceptance of AOS packet.

03-2011 Biometrics appointment in St Albans.

03-2010 Case transfered to California Service Centre.

04-2011 I-485 Approved.

event.png

Posted

Going to Canada will not restart the 90 days. On reentering the US, original 90 days will still be in play.

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

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

Filed: K-1 Visa Country: Ireland
Timeline
Posted

1. as long as they admit her, there is no fraud. However, you cannot step out of the US and then restart with 90 days on the VWP. They will either deny her entry or limit her stay in the US She can leave the country however, there is not guarentee that she'll be readmitted or for how long Good luck

the 90 day VWP is for total time in the USA correct ?? and your allowed two a year 180 days.. if she then goes home for a month will they allow her to come again or is it a case by case at the POE. how long must she return home ???

thanks I just was looking for way to extend our time together. not worth risking it I guess

we do have return flight booked..

“Nobody can go back and start a new beginning, but anyone can start today and make a new ending.”

Filed: Citizen (apr) Country: Canada
Timeline
Posted

She can travel on the VWP as long as she likes, if she is denied, she can never use the VWP again. Typically, although it is a case by case basis, the CBP like to see more time OUT of the US than in

Good luck

USCIS
August 12, 2008 - petition sent
August 16, 2008 - NOA-1
February 10, 2009 - NOA-2
178 DAYS FROM NOA-1


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


Medical
May 4, 2009


Interview
May, 26, 2009


POE - June 20, 2009 Toronto - Atlanta, GA

Removal of Conditions
Filed - April 14, 2011
Biometrics - June 2, 2011 (early)
Approval - November 9, 2011
209 DAY TRIP TO REMOVE CONDITIONS

Citizenship

April 29, 2013 - NOA1 for petition received

September 10, 2013 Interview - decision could not be made.

April 15, 2014 APPROVED. Wait for oath ceremony

Waited...

September 29, 2015 - sent letter to senator.

October 16, 2015 - US Citizen

Filed: K-1 Visa Country: Ireland
Timeline
Posted

She can travel on the VWP as long as she likes, if she is denied, she can never use the VWP again. Typically, although it is a case by case basis, the CBP like to see more time OUT of the US than in Good luck

We've used the VWP several times since we met and always obeyed the letter of the law. but they sure make it hard to do it legally.

thanks you everyone

“Nobody can go back and start a new beginning, but anyone can start today and make a new ending.”

 
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
- 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...