tourist visa during approval procedure for K1?

[Julie1806 0]

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

[AnnaAbel 0]

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

[AnnaAbel 0]

hello..i am newbie in here too but we are about to wait our second NOA .my advice is tell your fiance to apply K1 visa as soon as possible.but be patient to the time process cuz it really takes time...

[Julie1806 0]

Thanks for your answer. I know that it takes time and therefor my question was wheather it is possible to visit the US with a tourist visa during approval procedure for K1.

Tanja

[LIFE'SJOURNEY 970]

The answer is YES. There are daily posts asking this same exact question.

Edited May 11, 2012 by LIFE'SJOURNEY

[Julie1806 0]

Thank you very much! I am sorry, I should have searched for an answer before my post.

Tanja

[sara80 17]

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

[Julie1806 0]

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

[Pitaya 2,576]

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 May 11, 2012 by A&B

[Julie1806 0]

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

[C-ma'am 684]

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.

What A&B said

[Julie1806 0]

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

[LeftCoastLady 441]

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 May 22, 2012 by LeftCoastLady

[Julie1806 0]

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

[LeftCoastLady 441]

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.