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Chloe and Josh

Pending I-129f and Travel to US

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Filed: K-1 Visa Country: Australia
Timeline

Hello all and thanks in advance. I proposed to my fiancee at the beginning of her 90 day VW. We have had the NOA1 and are waiting for the 2nd. She is leaving to go back home in May. We were thinking about her coming back in June but then I got to reading some post on here about denials at the border. This would be her 3rd visit within a year and her 4th within a year and a month. She would certainly have a return flight about a month later and then wouldn't come back until she recived the K-1. Any thoughts on if this will be an issue? Thanks so much,

Josh.

Edited by Joshua Preston

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It can be ok, but it's always at the officer's discretion. I would say leaving in May and coming back in June is not a good idea as it raises some suspicions... plus as you said, it will be her 3rd trip within a year.

If she takes the risk, be sure that she has a lot of proofs showing that she doesn't intend to immigrate illegally on this trip, and have a copy of the NOA1 showing that you started the fiance visa process. And be always prepared that she can be denied at the border.

I personaly came to visit my fiance during our K-1 process, at about the middle of it, and only for 2 weeks (I had only a cabin luggage, no check-in, and a lot of proofs, just in case).


K-1 Visa Timeline AOS Timeline

- Aug 31st, 2011 - Mailed I-129F package - May 29th, 2012 - Mailed AOS/EAD/AP package

- Apr 13th, 2012 - Visa received - Aug 24th, 2012 - Green Card received

ROC Timeline

- May 19th, 2014 - Mailed ROC package to CSC

- Aug 8th, 2014 - Green Card received

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Filed: AOS (pnd) Country: England
Timeline

Hi Josh

I visited my boyfriend in the US, now fiance, 4 times within the last 8 months on the visa waiver. I didn't have any problems at border control until the last time, a few weeks ago. I was taken for secondary inspection where they asked a lot of questions, went through my luggage etc. I felt I was close to being deported and I was so scared, but they seemed to go easier on me when I could show them the email confirmation on my phone of my flight back to the UK booked in June. I was then allowed in.

As the previous poster said, it is a risk, but if your fiancee has enough proof that she does not intend to stay (like a return flight booked, proof that she has a job in her country (if she has one) and proof that you've started the K1 process, then surely border control would need to have a good reason to deny her entry. Their main job is to be suspicious of people trying to live/work in the US illegally, but if she can prove that's not the case, then what can they say? Besides, surely the flight tickets of her trip would be proof of your ongoing relationship that will be needed at her interview?

I may be wrong and I'm sure someone else with more experience can give a better idea, but that's what I think based on my own experience.

Lucy


AOS Timeline

7th Oct 2013 - Mailed I-485 package

15th Oct 2013 - NOA1 hard copy

4th Nov 2013 - RFE

8th Nov 2013 - Biometrics

13th Jan 2014 - USCIS confirmed receipt of returned RFE evidence

27th Jan 2014 - Received EAD card

Feb 2014 - Received potential interview waiver letter

19th July 2014 - AOS approved, green card in production :D

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I travelled to the US on the VWP 5 times in the space of about 2yrs.... and I made 3 entries to the US within one calender year.

Late March - beginning of May '09

Early June - end of July '09

Late Jan - Mid April '10

Late May - end July '10

Late Nov '10 - Late Feb '11

So....I had two trips where the time between trips was only about 4-5weeks. And over the course of these trips I went from visiting a friend, to my boyfriend, to my fiance, to my husband (all the one person I mean lol....just referring to the progression of our relationship). I was never questioned beyond normal entry questions ( ie reason for visit, where will you be staying, how long, how many times have you visited before, etc). Never been asked to show proof of ties to Australia, return trip ticket...nothing.

Of course....every case is different and all entries are subject to CBP discretion. If your fiancee hasn't had any previous overstay and/or other issues related to a US visa....then she should be ok. Of course I'm not a CBP officer....this is just my opinion based on my personal experience. Proof of ties can't hurt in case she is asked. Lease agreement, car loan, letter from employer stating when she needs to be back at work, etc.

Good luck!! And congrats on your engagement!


USCIS

30 Nov 2010 - Sent I-130 to Chicago

1 Dec 2010 - I-130 received at Chicago

18 Apr 2011 - APPROVED!! NOA2 text and email

NVC

29 Apr 2011 - Case entered into the system/Case number assigned; Medical Exam in Sydney

30 Apr 2011 - Police Check Application sent

2 May 2011 - Called NVC and got Invoice ID number

3 May 2011 - Sent DS-3032 email

4 May 2011 - Received email reply from NVC for DS-3032; Received Medical Exam results

5 May 2011 - AOS invoiced and paid

7 May 2011 - AOS package sent; IV invoiced and paid

9 May 2011 - AOS package delivered to NVC according to tracking

20 May 2011 - RFE for missing IV package....still waiting on Police Certificate!

24 May 2011 - Received Police Certificate after 25 days (so much for 7-10!); IV package sent

27 May 2011 - IV package delivered according to tracking

8 Jun 2011 - RFE for original marriage certificate; requested supervisor review since we KNOW it was in the package!

30 Jun 2011 - SIF and CC - FINALLY!!!!

13 Jul 2011 - Interview date assigned! Scheduled for August 9th @ 10am

9 Aug 2011 - Interview - APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!

12 Aug 2011 - Visa in hand

24 Aug 2011 - POE @ LAX

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I took a trip for 3 weeks to the US while we were waiting for the NOA2 and I had no problems at all. It should be fine. Just make sure there is a return flight organised rather than leaving it open ended.

K


Met in Australia: January 2011
Engaged in USA on visit: 22nd September 2011
K1 Visa received: 1st June 2012
Entered US: 19th June 2012
Married: 30th June 2012

AP Document received: 3rd November 2012
EAD Card received: 27th November 2012
Conditional Green Card received: 26th July 2013

ROC approved: 3rd May 2016
Permanent Green Card received: 13th May 2016

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Filed: K-1 Visa Country: Australia
Timeline

First of all, thanks so much to everyone for your help.

Update:

We went ahead and took the risk and booked the flights. We spent copious amounts of time making sure we had paperwork that tied her to her home country. Once she went through immigration they didn't even mention that this was her 4th trip in just over a year, they simply smiled and stamped that passport. All is well. Thanks again, everyone.

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