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Julie1806

tourist visa during approval procedure for K1?

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Filed: Country: Germany
Timeline

Hi

My boyfriend is US citizen. The company he works for in the US is a sub company of a German chemical company. He is here for job training till the end of August. During his stay we got to know each other and it is quite clear that we will get married in the US next year.

The plan is that I go to the US on a holiday trip for 4 weeks in October and move finally to the US in February or March 2013. I thought that 3 months would be enough to get a K1-Visa but now I am no longer sure about that. I heard that it can take more than 6 months to get a K1-Visa. The situation is quite tricky with the timing because I have to cancel my job and the rental agreement with the house.

My question is now: It would probably be the best if my boyfriend sends the petition (form I-129F) as soon as he is back in the US in August so that everything is ready by March next year. But what about my holiday trip to the US in October? Is it permitted to go to the US during that approval procedure with a tourist visa? We do definitely not want to be parted for more than three months. Regarding the paper work everything would be easy. I am widowed and got my papers together.

What would you suggest?

I would be glad if you could give me advice how to handle the visa situation.

Thanks, Tanja

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Filed: K-1 Visa Country: Hong Kong
Timeline

Hi

My boyfriend is US citizen. The company he works for in the US is a sub company of a German chemical company. He is here for job training till the end of August. During his stay we got to know each other and it is quite clear that we will get married in the US next year.

The plan is that I go to the US on a holiday trip for 4 weeks in October and move finally to the US in February or March 2013. I thought that 3 months would be enough to get a K1-Visa but now I am no longer sure about that. I heard that it can take more than 6 months to get a K1-Visa. The situation is quite tricky with the timing because I have to cancel my job and the rental agreement with the house.

My question is now: It would probably be the best if my boyfriend sends the petition (form I-129F) as soon as he is back in the US in August so that everything is ready by March next year. But what about my holiday trip to the US in October? Is it permitted to go to the US during that approval procedure with a tourist visa? We do definitely not want to be parted for more than three months. Regarding the paper work everything would be easy. I am widowed and got my papers together.

What would you suggest?

I would be glad if you could give me advice how to handle the visa situation.

Thanks, Tanja

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Being european you wont need a tourist visa to enter the US, you can enter with VWP, providing you get an ESTA approval that you need to apply for before travelling. It is usually granted in within a few days but I wouldn't leave it too late. The only thing is, they might require some ties to your home country, but as suggested by life'sjourney, you 'll find may posts on this matter :)


K1

23 Jan 2012: sent I-129F

01 Feb 2012: received hard copy NOA1

28 June 2012: NOA2

18 July 2012: LND case number

25 July 2012: sent packet 3 docs

28 July 2012: Packet 3 received

30 July 2012: medical done

09 Aug 2012: Packet 4 received

14 Aug 2012 8am: interview: APPROVED!

20 Aug 2012: VISA received!!

06 Oct 2012: POE in Anchorage (AK)

10 Nov 2012: Wedding in California

AOS

Jan 03, 2013: package sent to Chicago!

Jan 10, 2013: email/text notification of receipt of all 3!

Jan 19, 2013: biometric letter received

Jan 30, 2013: biometric appointment at 12pm

Mar 06, 2013: EAD/AP card in production

Mar 12, 2013: received interview appointment letter

Mar 15, 2013: EAD/AP combo card received!

Mar 21, 2013: Interview in Anchorage..APPROVED!

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Filed: Country: Germany
Timeline

Thank you for that information. I thing it would be best if my boyfriend fills in the form for the petition while he is still here. That should be enough time to get the K1 until February 2013. We also thought about getting married in Germany while he works here but then we would need a K3-visa which could take much longer than a K1.

Tanja

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Filed: Lift. Cond. (apr) Country: China
Timeline

Thank you for that information. I thing it would be best if my boyfriend fills in the form for the petition while he is still here. That should be enough time to get the K1 until February 2013. We also thought about getting married in Germany while he works here but then we would need a K3-visa which could take much longer than a K1.

Tanja

Wie gehts. Welcome to the forum.

As previous postings have indicated...

It is likely better to file the K-1 visa petition sooner than later. By way of example, my fiancee and I sent in our K-1 petition on 31 October 2011, and are now in the middle of preparing for her visa interview to be scheduled...likely in June 2012, check our timeline. We have had no major delays, just the usual bureaucratic "hurry and wait" stuff. She will likely be entering the US in mid-July 2012.

Check out the GUIDES section of the forum for a good comparison of the two available fiancee and spousal visas, K-1 and IR-1/CR-1. The K-3 is basically obsolete, administratively closed by the NVC and transferred to the IR-1/CR-1 (but that likely will result in further delay).

The deal with visiting the US while a K-1 is in process, is that you have to demonstrate to the CBP official that you have compelling reasons to go back home after your visit. There are numerous posts with folks talking about bringing all manner of documentation, i.e., letters from employer, property deeds/titles, etc. Some people are carefully scrutinized, some are not....go figure.... Though it would be hell to get to USA, only to be denied entry for lack of adequate documentation.

Good luck on your visa journey.

Edited by A&B

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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Filed: Country: Germany
Timeline

Thank you very much for your answer! We will fill in the petition tomorrow and start the process ;-)

I have got a question concerning the 156 Form: What do they mean by "Issuing Date" and "Expiration Date"? And why is there exactly one month between them?

Thanks in advance for your answer.

Tanja

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Filed: Citizen (apr) Country: Argentina
Timeline

Wie gehts. Welcome to the forum.

As previous postings have indicated...

It is likely better to file the K-1 visa petition sooner than later. By way of example, my fiancee and I sent in our K-1 petition on 31 October 2011, and are now in the middle of preparing for her visa interview to be scheduled...likely in June 2012, check our timeline. We have had no major delays, just the usual bureaucratic "hurry and wait" stuff. She will likely be entering the US in mid-July 2012.

Check out the GUIDES section of the forum for a good comparison of the two available fiancee and spousal visas, K-1 and IR-1/CR-1. The K-3 is basically obsolete, administratively closed by the NVC and transferred to the IR-1/CR-1 (but that likely will result in further delay).

The deal with visiting the US while a K-1 is in process, is that you have to demonstrate to the CBP official that you have compelling reasons to go back home after your visit. There are numerous posts with folks talking about bringing all manner of documentation, i.e., letters from employer, property deeds/titles, etc. Some people are carefully scrutinized, some are not....go figure.... Though it would be hell to get to USA, only to be denied entry for lack of adequate documentation.

Good luck on your visa journey.

good.gif What A&B said

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Filed: Country: Germany
Timeline

Sorry but this does not answer my question about the meaning of the two dates. Or have I red over something?

And I have got another question: Do they need an original divorce or death certificate or just a copy? And if they need an original would they send it back?

Thanks again.

Tanja

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Thank you very much for your answer! We will fill in the petition tomorrow and start the process ;-)

I have got a question concerning the 156 Form: What do they mean by "Issuing Date" and "Expiration Date"? And why is there exactly one month between them?

Thanks in advance for your answer.

Tanja

Assuming you're referring to the DS-156. That form will not be needed until the petition is approved and it's on the way to the embassy. You have quite a few months before that is needed.

On your other question, it's best to send a certified copy of any divorce decrees because you will not get it back.

Also, as A&B mentioned, please be sure you and your fiancé read the guides on what to include (and what not to include) with the petition.

Edited by LeftCoastLady

Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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Filed: Country: Germany
Timeline

Thank you!

I have read the guide this evening and also the visa requirements on travel.state.gov. Everything seems to be more complicated than I expected. Regarding any originals they say that they will return them to you at the interview if you either send copies with the original or bring copies to the interview. I guess the best thing would be to work through all this step by step ;-)

Regards

Tanja

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Thank you!

I have read the guide this evening and also the visa requirements on travel.state.gov. Everything seems to be more complicated than I expected. Regarding any originals they say that they will return them to you at the interview if you either send copies with the original or bring copies to the interview. I guess the best thing would be to work through all this step by step ;-)

Regards

Tanja

At this stage, your best bet is to read the guide on VJ and read the information on USCIS.gov. While the State Dept. site is helpful, for the petition stage, you'll be better served by going to the USCIS.gov site.

USCIS < - Handles the receipt, processing, and adjudication of the I-129F petition.

DOS < - Handles the approved petition and actual issuing of the K-1 visa at the embassy level.


Part One: The K-1 Visa Journey:

USCIS Receipt of I-129F: January 24, 2012 | Petition Approval: June 15, 2012 (No RFEs)
Interview: October 24, 2012 - Review | Visa Delivered: October 31, 2012



Part Two: Entry and Adjusting Status:

POE: November 18, 2012 (at SFO) - Review
Wedding: December 1, 2012 | Social Security: New cards received on December 7, 2012.
AOS Package (I-485/I-765/I-131) NOA1: February 19, 2013 | Biometrics Appt.: March 18, 2013
AP/EAD Approved: April 29, 2013 | Card Received: May 6, 2013 | AOS Interview Appt.: May 16, 2013 - Approved Review Card Received: May 24, 2013

Part Three: Removal of Conditions:

Coming Soon...

"When you're born you get a ticket to the freak show. When you're born in America, you get a front row seat." – George Carlin

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