Visiting While the I-129F Processes

[famousamos 1]

Hi Everyone,

My partner and I have spent a lot of time looking over information and combing through VJ and a few others to try to understand the K-1 process and every component to it. The basics are these: I'm USA, she's Aussie, we want to spend the rest of our lives together. She's truly out of this world and I cannot believe my luck. We met while I was working in Oz, but I am back in the USA. She is open to moving here and we want to get married.

The question is this: can she visit the USA for up to 90 days (we'll take what we can get) under the VWP (B-2) while the I-129F processes? We have read and understand that you can visit while the K-1 processes. Like everyone else, we want to be able to spend time together while we go through this process.

She will NOT be moving here until she has the K-1 in-hand and we know that we have to show good faith that we are respecting and following the entire process. We also know that she has to have ties back to Australia every time she does visit and she will have those ties in order.

Thanks in advance for your answers and wisdom!

[L+T 71]

Hi Everyone,

My partner and I have spent a lot of time looking over information and combing through VJ and a few others to try to understand the K-1 process and every component to it. The basics are these: I'm USA, she's Aussie, we want to spend the rest of our lives together. She's truly out of this world and I cannot believe my luck. We met while I was working in Oz, but I am back in the USA. She is open to moving here and we want to get married.

The question is this: can she visit the USA for up to 90 days (we'll take what we can get) under the VWP (B-2) while the I-129F processes? We have read and understand that you can visit while the K-1 processes. Like everyone else, we want to be able to spend time together while we go through this process.

She will NOT be moving here until she has the K-1 in-hand and we know that we have to show good faith that we are respecting and following the entire process. We also know that she has to have ties back to Australia every time she does visit and she will have those ties in order.

Thanks in advance for your answers and wisdom!

Yes, she can visit you after petition is filed and approved. She must return for interview, after-which she will be issued K-1 visa to come for marriage. After you are married, she can apply adjustment of status and advance parole (so that she can again re-enter if needed). However she would be stuck here during this period until AP is processed (3 or 4 months after marriage), or unless you can prove good reason for emergency AP prior to this.

[Liz&Nate 23]

The big issue here is that admittance to the US is at the CBP officer's discretion. I travelled back and forth to visit my now husband without a problem during the process and have heard of other VJ'ers who had no issues doing so as well. Before making any plans you should be aware that she may be denied entrance to the US and be willing to incur in the costs that will follow (travel expenses and the like). If your fiancee does decide to attempt to visit, she should bring documentation showing strong ties to her country and proof that she is planning to return. Basically, it is possible and it has been done, but there is always the possibility that she might be turned away, also. It really is up to each individual person whether they want to go ahead and try. Good luck either way.

[JS&PL 3]

My fiance is also planning her visit here in May. She will bring along the letter issued by the company she works with, the ticket for the return flight and bill payment showing that she has a property in Hong Kong. I hope that's enough ties and she has no problem entering the states.

Hope this information helps!

[Randy & Kim 0]

I have just returned from the U.S after an 89 day stay with my fiance while our K1 was being processed. After alot of reading up we decided to take the gamble and it was a pretty big one as I had to quit my job before I left because they would not hold my position for me for 3 months. I had to sell all my belongings and move out of my apartment as I couldn't afford to pay the rent while I was away. So I didn't have the usual ties of a home or a job that is recommended if you do it but I did have a return flight booked and I have 2 older children and a grandchild here in NZ. I got lucky, the officer asked me the purpose of my trip and where I would be staying while I was in the U.S I was honest and said I was here to visit my fiance and that I was going to be staying with him. He stamped my passport and ushered me away but as I walked off he said "hang on a minute how long are you here for" I nearly #### myself. I told him 89 days, he then beckoned me back and proceeded to ask me what I did for a living, I told him I was a chef (didn't mention that I was an unemployed one) that I had a return flight booked and I had kids in NZ. He waved me off and said have a nice stay. They were the best 3 months of my life :-) All the best of luck if you decide to do it.

[famousamos 1]

Thanks everyone! All the answers were very helpful, but I think I need to rephrase the question...

We want to know if she can visit while I29F is being processed (not the K-1, we know she can visit while that part processes). So the petition part, which is the I29F, which we understand can take up to 4-5 months, can she visit while that is being processed, pending approval? To put it another way, can she visit between submitting the I-129F and receiving the NOA2.

Many thanks L+T, LizandNate, JS&PL, Randy and Kim!

[Randy & Kim 0]

Hi again :-) the I-129F is all part of the K1 process so that's what I meant in my post. My fiance sent the I-129F off to USCIS in October last year and I flew over to the U.S. to be with him for 3 out of the 5 months it took to process (December through March). Was timed perfectly, got approval (NOA2) from USCIS the week before I had to leave. Got back to NZ and surprise surprise packet 3 was in the mailbox, filled out the forms, sent them back, did the medical and got my interview date last week which is the beginning of May. Good luck!!! :-)

[famousamos 1]

Hi Randy and Kim!! This is GREAT news! Thank you very clarifying, and I believe this is exactly what we want to do. We both have clean records and everything seems pretty cut and dry in our case.

She's coming to American in 4 days and we planned to consult with an attorney while she is here to make sure we knew all of the ins and outs. That alone was going to cost us about $500 for up to 1.5 hours, but we are finding that we get most all of our questions answered here!

I will share this great news with my better half and see if she has any follow up questions. I don't have any at the moment.

Thanks again!!!

[Darkmoonfaerie 19]

My fiance just flew in on Saturday. He's done the trip a number of times already so they looked at his previous stamps and told him to have a nice holiday. Hopefully your fiancee's entry will be just as easy but she should make sure she's got the paperwork she needs on her just in case they do question. Best of luck!

[ckel11310 10]

Thanks everyone! All the answers were very helpful, but I think I need to rephrase the question...

We want to know if she can visit while I29F is being processed (not the K-1, we know she can visit while that part processes). So the petition part, which is the I29F, which we understand can take up to 4-5 months, can she visit while that is being processed, pending approval? To put it another way, can she visit between submitting the I-129F and receiving the NOA2.

Many thanks L+T, LizandNate, JS&PL, Randy and Kim!

Hey famousamos, by the looks of it, it seems as if you and your fiancee were able to get through without any problems. My fiancee and I just recently entered the States together while her i129f was in process, but she almost got sent back.

The same immigration officer ended up checking us out, which was definitely a surreal experience in and of itself (what are the chances). The reason why my fiancee was almost denied access to the States was because she resigned from her job a few weeks before traveling. The officer, rightly so, was suspicious that she was just going to enter and never leave again. We had a return ticket to show the officer that she was indeed going to come back, but that wasn't enough. What made him finally allow her to enter was that our stories matched up.

Probably doesn't help you now, but for anyone else who may be reading this, as long as you show that your fiance/fiancee is going to go back, there shouldn't be any major problems.

[mr.j.j.s. 1]

I'm in a similar situation. My fiancee and I have just started the K1 process (sending out the I-129F petition packet next week), but we would still like to visit each other in the U.S. while our application is being processed.

The only thing is, like Randy & Kim, she doesn't have the usual proof of "Strong ties" to Japan, her native country. She's quitting her job this month to spend time with her family before moving to the U.S., and she lives with her parents, so she doesn't pay rent. Aside from the usual return ticket and utility / cell phone bills, is there anything else she could provide to show that she intends to return to Japan within the 90 days?

[ckel11310 10]

I'm in a similar situation. My fiancee and I have just started the K1 process (sending out the I-129F petition packet next week), but we would still like to visit each other in the U.S. while our application is being processed.

The only thing is, like Randy & Kim, she doesn't have the usual proof of "Strong ties" to Japan, her native country. She's quitting her job this month to spend time with her family before moving to the U.S., and she lives with her parents, so she doesn't pay rent. Aside from the usual return ticket and utility / cell phone bills, is there anything else she could provide to show that she intends to return to Japan within the 90 days?

How long does she plan on visiting for?

[mr.j.j.s. 1]

How long does she plan on visiting for?

That has yet to be decided. Ideally, the longer the better - It would be awesome if she could stay for at least a month. But I have the feeling that anything over 2 weeks might arouse suspicions.

[orangedesk 27]

That has yet to be decided. Ideally, the longer the better - It would be awesome if she could stay for at least a month. But I have the feeling that anything over 2 weeks might arouse suspicions.

We filed the I-129F in December, my guy visited from England for 89 days under the visa waiver program with no problems from February until the beginning of May. He was up front about having a pending K1.

I made a post in the site discussion forum to have a thread pinned about visiting: http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/ but the mods seem to be ignoring it?

[Noah Lot 387]

There are NO guarantees....the border folks have complete discretion...