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Filed: K-1 Visa Country: France
Timeline
Posted

I disagree. If you have a visitor visa or you're from a visa waiver country, you should not show your NOA1. It would only be evidence that you may intend to shortcut the process and get married as a visitor. Showing a NOA1 would do more harm than good. If a visitor said "Im going to marry my fiance" they could be denied entry on that basis alone. Visitors who are judged to be entering to stay may be denied entry. If the person has lawful entry authority, they should enter on that basis only.

He wants to bring it so he can show it if the question is asked. Nowhere he says that he intend to answer

"Im going to marry my fiance"

He is gonna say he is visiting his fiancé and he has no intent to get married or stay in the country until his K-1 visa is approved and he can come back on it.

Good luck in your visa journey!

From the day we sent I-129F to the day I recieved my K-1: Exactly 9 months
I am the benifeciary

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Filed: Timeline
Posted

He wants to bring it so he can show it if the question is asked. Nowhere he says that he intend to answer

He is gonna say he is visiting his fiancé and he has no intent to get married or stay in the country until his K-1 visa is approved and he can come back on it.

Please refer to my post, in particular to the words "if" and "may".

Filed: Timeline
Posted

You can get married on a tourist visa, it's not a problem at all (it's not the intent of the OP but if it was, he would go back home and start a spousal process). What is fraudulent is to get married and have the intent to stay. Again, showing that you started the K-1 process is a way of saying "I want to immigrate, but not now, I want to do things the legal way so I am currently applying for the right visa". Again... It would be very silly to get married on a tourist visa with the intent to stay, and file for AOS right after, if you already started the K-1 process before coming. You would be pretty sure to be denied AOS...

I married a tourist, but it wasnt the intent to marry at the time of entry. The officer at the gate does not know if the K-1 will be granted or if it will have problems or if the visitor wants to hurry the process. If a visitor has authority to enter, a NOA1 cannot help that. It would only have the possibility of raising suspicion. Its pure supposition to think that an immigration officer would see a NOA1 as proof of staying "later, but not now". The officer could just as easily see it as evidence that the person got tired of waiting.

I have a K-1 pending right now, if my fiance were able to enter as a visitor, I would sure as heck marry her after she arrived. Why wait? (for some)

Filed: Timeline
Posted

Are you entering the USA as a visa waiver citizen? Or do you have some type of visa? The NOA1 confers no rights of entry. If you are visiting your fiance, the purpose of visit it "pleasure" a NOA1 letter will not help you and may even be evidence that you intend to stay. Under what basis are you entering the USA?

Im still curious about my original question. The OP has not said how they intend to enter.

Filed: Timeline
Posted

It's my understanding that nowadays even if they came here and got married that would just complicate the process of being allowed to stay here permanently legally anyway?

Not necessarily. If a visitor decides to get married once they are in the country legally, they can do so and apply for adjustment of status. A problem might arise if the were evidence that the visitor intended to stay before entering. But its difficult to prove intent in court; thats why intent is assessed at the point of entry, its up to the officer not a judge.

Filed: Citizen (pnd) Country: France
Timeline
Posted

I married a tourist, but it wasnt the intent to marry at the time of entry. The officer at the gate does not know if the K-1 will be granted or if it will have problems or if the visitor wants to hurry the process. If a visitor has authority to enter, a NOA1 cannot help that. It would only have the possibility of raising suspicion. Its pure supposition to think that an immigration officer would see a NOA1 as proof of staying "later, but not now". The officer could just as easily see it as evidence that the person got tired of waiting.

I have a K-1 pending right now, if my fiance were able to enter as a visitor, I would sure as heck marry her after she arrived. Why wait? (for some)

Nothing is sure when it is about being accepted for entry or no, that's for sure. It is also pure supposition to say that the officer will see the NOA1 badly... The OP just got started with the K-1 process, so I don't see how the CPB officer would think he was tiring of waiting!

About your question, why wait? Because they are rules, and if you want to enter the US to immigrate, you need the proper visa, that's all.

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

N-400 Timeline

- Dec 29th, 2021 - Filed online. Got notice that biometrics will be reused.

- Now waiting...

Filed: Timeline
Posted

Nothing is sure when it is about being accepted for entry or no, that's for sure. It is also pure supposition to say that the officer will see the NOA1 badly... The OP just got started with the K-1 process, so I don't see how the CPB officer would think he was tiring of waiting!

About your question, why wait? Because they are rules, and if you want to enter the US to immigrate, you need the proper visa, that's all.

I didnt say "the officer will see the NOA1 badly...".

You assume that it would be wrong to marry my fiance if she came to the USA on a tourist visa. Well, you're wrong there. If my fiance came on a tourist visa, not intending to marry, but I convinced her to marry while she is in the USA, it would be perfectly legal. Its the intention of the visitor that counts at the time they enter.

Filed: Citizen (pnd) Country: France
Timeline
Posted (edited)

I didnt say "the officer will see the NOA1 badly...".

You assume that it would be wrong to marry my fiance if she came to the USA on a tourist visa. Well, you're wrong there. If my fiance came on a tourist visa, not intending to marry, but I convinced her to marry while she is in the USA, it would be perfectly legal. Its the intention of the visitor that counts at the time they enter.

Oh, I know that. But read again what I said, because you misinterpreted my sentence ("enter the US TO IMMIGRATE"). This argument is running in circle. ;) Don't take it too personnaly, but my intent is to help the OP.

Edited by didopage

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

N-400 Timeline

- Dec 29th, 2021 - Filed online. Got notice that biometrics will be reused.

- Now waiting...

Filed: Timeline
Posted

Oh, I know that. But read again what I said, because you misinterpreted my sentence ("enter the US TO IMMIGRATE"). This argument is running in circle. wink.png Don't take it too personnaly, but my intent is to help the OP.

I didnt misinterpret. Your comment was in answer to my rhetorical question regarding MY fiance "Why wait?". You said "Because they are rules, and if you want to enter the US to immigrate, you need the proper visa, that's all." And you know Im not encouraging the OP to hop in and get married. Im saying thats what an officer MIGHT think they are doing.

And to help the OP, if they can enter legally, why muddle it with extraneous info. Just enter on whatever visa, visa waiver or visa on arrival they are entitled to. An NOA1 can make an officer suspicious. If the visa petition pops up on the computer, and an officer asks "Are you currently applying for a fiance visa?", just say yes. They have all the info needed. The NOA1 letter is superfluous at best.

Filed: Citizen (pnd) Country: France
Timeline
Posted (edited)

I didnt misinterpret. Your comment was in answer to my rhetorical question regarding MY fiance "Why wait?". You said "Because they are rules, and if you want to enter the US to immigrate, you need the proper visa, that's all." And you know Im not encouraging the OP to hop in and get married. Im saying thats what an officer MIGHT think they are doing.

And to help the OP, if they can enter legally, why muddle it with extraneous info. Just enter on whatever visa, visa waiver or visa on arrival they are entitled to. An NOA1 can make an officer suspicious. If the visa petition pops up on the computer, and an officer asks "Are you currently applying for a fiance visa?", just say yes. They have all the info needed. The NOA1 letter is superfluous at best.

Redicent, sorry but you did misinterpreted. You said you are currently doing the K-1 process, so the intent to immigrate is here. You bended the story with an "if I convinced my fiance to marry me while she was in the US as a tourist", which was not the original question and doesn't relate to the OP in any way. I have never "assumed that it would be wrong to marry your fiance if she came to the USA on a tourist visa". Again, re-read what I said. I am not going to insist more on that point.

We never said here that the NOA1 is something to show right away. It may just be good to have a copy of it in case the CBP asks some in-depth questions.

"If the visa petition pops up on the computer, and an officer asks "Are you currently applying for a fiance visa?", just say yes. They have all the info needed." Yes, and that is where the NOA1 would be useful, to show that yes, you are applying, and yes, you know you need an different visa to immigrate (and that you were ready for that question because you know the rules = you don't want to fraud). Superfluous, maybe, but why not have it? I don't see where it is a problem.

Otherwise, let's agree to disagree, ok? Nobody can know for sure what the CBP will think, some are over-suspicious, some others not.

Edited by didopage

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

N-400 Timeline

- Dec 29th, 2021 - Filed online. Got notice that biometrics will be reused.

- Now waiting...

Filed: Timeline
Posted

Redicent, sorry but you did misinterpreted. You said you are currently doing the K-1 process, so the intent to immigrate is here. You bended the story with an "if I convinced my fiance to marry me while she was in the US as a tourist", which was not the original question and doesn't relate to the OP in any way. I have never "assumed that it would be wrong to marry your fiance if she came to the USA on a tourist visa". Again, re-read what I said. I am not going to insist more on that point.

We never said here that the NOA1 is something to show right away. It may just be good to have a copy of it in case the CBP asks some in-depth questions.

"If the visa petition pops up on the computer, and an officer asks "Are you currently applying for a fiance visa?", just say yes. They have all the info needed." Yes, and that is where the NOA1 would be useful, to show that yes, you are applying, and yes, you know you need an different visa to immigrate. Superfluous, maybe, but why not have it? I don't see where it is a problem.

Otherwise, let's agree to disagree, ok? Nobody can know for sure what the CBP will think, some are over-suspicious, some others not.

I didnt bend any story, I left it for you to make an assumption, which you did. Im pointing out that MY intention does not matter at entry; its the visitors intention that matters. Right, my example of my fiance has nothing to do with the op, only in that officers may think this.

I did re-read what you said. Your reply was was directly related to my fiance/why wait. Your reply is inseperable from my question and its context. Otherwise your reply is just blathering about something that did not come up

It says right on the NOA1 that it grants no status or right to entry. I have said showing it may raise more questions. What is useful at the point of entry is evidence that you do NOT wish to stay in the USA. I think a photo of your dog back home waiting for you is better than a NOA1 to show that you have no intetion of staying.

To "agree to disagree" is a politically correct copout. You have your opinion. I have mine. Theres nothing wrong with that nor our expression of our opinions.

Filed: K-1 Visa Country: France
Timeline
Posted

I didnt bend any story, I left it for you to make an assumption, which you did. Im pointing out that MY intention does not matter at entry; its the visitors intention that matters. Right, my example of my fiance has nothing to do with the op, only in that officers may think this.

I did re-read what you said. Your reply was was directly related to my fiance/why wait. Your reply is inseperable from my question and its context. Otherwise your reply is just blathering about something that did not come up

It says right on the NOA1 that it grants no status or right to entry. I have said showing it may raise more questions. What is useful at the point of entry is evidence that you do NOT wish to stay in the USA. I think a photo of your dog back home waiting for you is better than a NOA1 to show that you have no intetion of staying.

To "agree to disagree" is a politically correct copout. You have your opinion. I have mine. Theres nothing wrong with that nor our expression of our opinions.

Nobody said:

a) that the NOA1 would grant right of entry

b) that it should be shown if not asked by the CBP

c) that talking about K-1 visa without being asked about it was something to do.

Many people visit during the K-1 process, some are being asked about it and answer honestly. If the CBP knows the OP is in a K-1 process, it doesn't mean in anyway that he is gonna be denied entry.

Chances are that his history is gonna raise questions. He wants to be prepared to answer them honestly, with supporting evidence, to show his intent to do things legally. This is the best attitude to have.

Does he need the NOA1 to enter? No. I think we all agree on that. If he has it though, why not take it so he can show it if necessary (aka, if asked about it!)

The I-129F won't "pop up" on the officer's screen. Apparently they don't have info about the petitions at the border (so says a VJ members who quizz the officers about this question each time he enters the country)

Good luck in your visa journey!

From the day we sent I-129F to the day I recieved my K-1: Exactly 9 months
I am the benifeciary

event.png




Filed: Timeline
Posted

Nobody said:

a) that the NOA1 would grant right of entry

b) that it should be shown if not asked by the CBP

c) that talking about K-1 visa without being asked about it was something to do.

Many people visit during the K-1 process, some are being asked about it and answer honestly. If the CBP knows the OP is in a K-1 process, it doesn't mean in anyway that he is gonna be denied entry.

Chances are that his history is gonna raise questions. He wants to be prepared to answer them honestly, with supporting evidence, to show his intent to do things legally. This is the best attitude to have.

Does he need the NOA1 to enter? No. I think we all agree on that. If he has it though, why not take it so he can show it if necessary (aka, if asked about it!)

The I-129F won't "pop up" on the officer's screen. Apparently they don't have info about the petitions at the border (so says a VJ members who quizz the officers about this question each time he enters the country)

I didnt say that anybody said those things.

Posted

I didnt say that anybody said those things.

You are a very new member and you are jumping into threads and spouting off with your nonsense and derailing many many threads, all arguing with knowledgeable members. You just joined, so sit back and learn something before you start arguing about things you know nothing about. You don't know anything about immigration so why are you arguing about it?

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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