advice about everything please!

[penelopex3 0]

So here's our back story:

I entered the UK on a student visa in August of 2010. I met him October 26th 2010. I moved back to Chicago at the end of May (2011). He came to visit me for the 2nd time from August-October of 2011. He proposed to me.

We now want to file for a K-1 visa. BUT, we really want to see each other while it's processing. Is this possible? He entered the US on the VWP. I've been reading the boards and it says he needs a B1 or B2.

I haven't mailed the I29F yet because I need to renew my passport >_<.

My questions:

1. How can he come visit me for the 2011 Holiday season?

a) If so, how?

b) Is it better for him to apply for the B2 visa BEFORE I mail the I29F forms?

c) Can he still come and visit once I send the I29F forms with the VWP?

2. How long for the K-1 visa to be processed?

3. Should I get a lawyer?

4. This "BURDEN OF PROOF" that needs to be met when he visits, how is it done? With what papers?

5. Is it better for him to apply for the B2 visa BEFORE I mail the I29F forms?

This is all I can think of for now, but any help and stories of your personal experiences will be greatly appreciated.

[Ryan H 3,926]

I haven't mailed the I29F yet because I need to renew my passport >_<.

You don't need to wait for your passport to be renewed in order to file an I-129F.

My answers in bold:

My questions:

1. How can he come visit me for the 2011 Holiday season?

a) If so, how? He is allowed to use the VWP while the petition is in progress, there is no guarantee CBP will permit him entry, he should carry ties to the UK in case they are asked for

b) Is it better for him to apply for the B2 visa BEFORE I mail the I29F forms? applying for a B2 is unnecessary. It's also ill-advised because if it is refused (very likely), then he would be unable to visit you on the VWP during the process

c) Can he still come and visit once I send the I29F forms with the VWP? yes

2. How long for the K-1 visa to be processed? 5 months from NOA1 to NOA2 is the posted time by USCIS, your actual time may be less, it may be more; after NOA2, file will need to be assigned a case number by the NVC and then sent to the Embassy

3. Should I get a lawyer? How comfortable are you filling out paperwork? Are there any issues in either of your backgrounds that could complicate things?

4. This "BURDEN OF PROOF" that needs to be met when he visits, how is it done? With what papers? examples include but are not limited to, letter of employment, rental agreement or deed to home (if owned)

5. Is it better for him to apply for the B2 visa BEFORE I mail the I29F forms? see my answer to 1b

Edited October 15, 2011 by Ryan H

[pushbrk 14,106]

You don't need to wait for your passport to be renewed in order to file an I-129F.

My answers in bold:

Ryan's answers are right on. Visiting is visiting. He should be able to visit you but if that becomes a problem or even if it doesn't, you can visit him.

Getting "help with everything" starts by clicking on the word "Guides" at the top of any page here.

[at long last 58]

So here's our back story:

I entered the UK on a student visa in August of 2010. I met him October 26th 2010. I moved back to Chicago at the end of May (2011). He came to visit me for the 2nd time from August-October of 2011. He proposed to me.

We now want to file for a K-1 visa. BUT, we really want to see each other while it's processing. Is this possible? He entered the US on the VWP. I've been reading the boards and it says he needs a B1 or B2.

I haven't mailed the I29F yet because I need to renew my passport >_<.

My questions:

1. How can he come visit me for the 2011 Holiday season?

a) If so, how?

b) Is it better for him to apply for the B2 visa BEFORE I mail the I29F forms?

c) Can he still come and visit once I send the I29F forms with the VWP?

2. How long for the K-1 visa to be processed?

3. Should I get a lawyer?

4. This "BURDEN OF PROOF" that needs to be met when he visits, how is it done? With what papers?

5. Is it better for him to apply for the B2 visa BEFORE I mail the I29F forms?

This is all I can think of for now, but any help and stories of your personal experiences will be greatly appreciated.

Here is my experience.

I have been going back and forth to visit my fiance for over a year now. All was fine until we sent in the petition. On my last visit I was stopped at immigration and questioned at length about my visit. They told me technically we are to remain in our own country while the process is ongoing. BUT I took with me proof I would be returning to Canada. I brought with me my rental agreement (lease) recent bills with my address on, my NOA1 copy, my fiance's ID page (copy) of his passport, and also explained that my father had recently passed away and that I was the executrix and needed to return to finish up his estate business. . After all this he said he ran my passport and could clearly see my travel history stamped my passport with a B2, handed it back to me and said "Enjoy your summer"... which I really did. So what is of utmost importance have proof for the return. If he has his return ticket that is also a plus. I told the immigration officer that I always buy my ticket close to my travel date for a better price, but it may be different for you.

Good luck and have a great holiday season.

Terri

[penelopex3 0]

Thanks so much everyone!

My fiance and I have very little. He's about to get his Bachelor's so he really has no assets (he's done with his courses this December.) Is there another form of supplementation we can use? Will bank statements be enough? He pays rent in a house so maybe the owner can draft a form or something...I'm just scared that he'll spend 400 quid to come here and get sent back.

[penelopex3 0]

So I've been reading this (http://www.visajourney.com/content/k1guide) and how is my fiance supposed to do number 5 and 9? He already left the US. Can he bring it to his interview or should he mail it to me, but that takes so long. Will fax be acceptable? Do they have to be original documents? Can he make a .PDF and e-mail it to me?

I feel so helpless and I have so many questions to ask...

[Ryan H 3,926]

how is my fiance supposed to do number 5 and 9? He already left the US. Can he bring it to his interview or should he mail it to me, but that takes so long. Will fax be acceptable? Do they have to be original documents? Can he make a .PDF and e-mail it to me?

Signatures on the statement of intent and the form must be original, pdf or fax will not be accepted. He will have to mail you the G-325A and the statement of intent with his original signature.

[JoannaV 174]

I always travelled with nothing other than a return ticket, and I was fine. But there is no guarantee he won't run into an official who suspects and interrogates him even if he had a huge pile of important reasons to return to the UK. The likelihood is he will be fine though.

Generally the whole thing is very straightforward. Don't feel overwhelmed :-)

[dukeandduchess 141]

Once I got engaged I had to suffer through an interrogation every time I went to visit him. I always brought paperwork that showed I had ties to Canada (letter from work, lease, bank statement, return ticket). You may get asked more questions and get a bit of heat, but generally as long as you can prove you won't be staying they will let you go visit.

It always went something like this:

Why are you going to the US? > to see my fiance

When did you get engaged? > (date)

Do you have a ring? > yes

Who is paying for your trip? > I am

Who is paying for your expenses when you're there? > both of us

Who paid for your ticket? > I did

Where do you work? > (job)

Do you have a return ticket? > yes

And then I'd offer them my left arm and it was fine

[pushbrk 14,106]

Once I got engaged I had to suffer through an interrogation every time I went to visit him. I always brought paperwork that showed I had ties to Canada (letter from work, lease, bank statement, return ticket). You may get asked more questions and get a bit of heat, but generally as long as you can prove you won't be staying they will let you go visit.

It always went something like this:

Why are you going to the US? > to see my fiance

When did you get engaged? > (date)

Do you have a ring? > yes

Who is paying for your trip? > I am

Who is paying for your expenses when you're there? > both of us

Who paid for your ticket? > I did

Where do you work? > (job)

Do you have a return ticket? > yes

And then I'd offer them my left arm and it was fine

You bring this on yourself with the answer to question 1. My advice is to answer with a generic truthful answer. If it's a short visit, say two weeks, simply say "a two week holiday" or something more specific like "going to Disney...etc." if true. For longer visits of more than a month, "visiting family and friends". Saying you're visiting a fiance or spouse raises the red flag of potential immigrant intent. No need to raise that flag.

[DouglasFiel 53]

You bring this on yourself with the answer to question 1. My advice is to answer with a generic truthful answer. If it's a short visit, say two weeks, simply say "a two week holiday" or something more specific like "going to Disney...etc." if true. For longer visits of more than a month, "visiting family and friends". Saying you're visiting a fiance or spouse raises the red flag of potential immigrant intent. No need to raise that flag.

Selectively honest... I like that answer...

Regards,

[pushbrk 14,106]

Selectively honest... I like that answer...

Regards,

I'll take it a bit further with some other examples. I live 12 miles from the Canadian border and cross often. The folks I get paired up with for golf often cross several times a week. They play golf, shop for groceries, buy gas, visit friends and whatever. Crossing from Canada or any of the VWP countries only becomes difficult when there are red flags. When you come and GO often, CBP isn't concerned about immigrant intent. Many folks from these countries come and GO often without abusing the privilege.

If you have an aunt and uncle with three kids in Orlando and are flying in from a VWP country or Canada to stay with them for two weeks and asked the purpose of your trip, what would you say? It could be any of the following all of which are truthful. Does your answer need to be different if your fiance lives in Orlando too?

1. Visiting family and friends

2. Holiday

3. Going to Disney and Sea World

4. Playing golf

5. Visiting my cousins

6. Visiting my aunt and uncle

They keys are that you are LEAVING on a jet plane on a certain date, you always have LEFT in the past and that you've never abused the visitor privilege by staying too long on any visit or spent more time IN the USA than OUT.

If asked a direct question, never lie. Where possible, tell a truth that raises no red flags.

[dukeandduchess 141]

You bring this on yourself with the answer to question 1. My advice is to answer with a generic truthful answer. If it's a short visit, say two weeks, simply say "a two week holiday" or something more specific like "going to Disney...etc." if true. For longer visits of more than a month, "visiting family and friends". Saying you're visiting a fiance or spouse raises the red flag of potential immigrant intent. No need to raise that flag.

I'm not really good at being "selectively honest". I just tell the truth and despite being a bit uncomfortable, I don't have any problems. Do I agree that I bring it on myself a bit? sure. But if I tried to skirt the truth I'd turn into a blabbering idiot and they'd probably deny my entry to the US

[pushbrk 14,106]

I'm not really good at being "selectively honest". I just tell the truth and despite being a bit uncomfortable, I don't have any problems. Do I agree that I bring it on myself a bit? sure. But if I tried to skirt the truth I'd turn into a blabbering idiot and they'd probably deny my entry to the US

Then by all means, do what works for you. My comments, as usual are meant for the benefit of any and all readers, not just the author of the post to which I respond.