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Posted

This may be a bit of a silly question, but here goes: My significant other and I plan on starting the K-1 application process in August of next year. The plan is that I will go visit him (in Texas) for August-October under the VWP, and we'll file the petition while I'm there. During this time, we're hoping to be able to travel to NYC to attend Comic Con. Should I have any trouble traveling within the US while the K-1 is pending? Do I need to keep any documentation with me also during domestic US travel?

Any input is appreciated - I know I'm asking way in advance, but we want to start planning for NYC as soon as possible. :)

Posted

You can travel and stay there with the intention of leaving before your I-94 is up. You will be fine traveling as tourist on vwp! No issues!

I may be wrong about this since I am not from vwp country but it sure does allow B2 to travel like usual even with K1 processing but if your intention is seeing your fiancé, you might want to bring noa2 with you or something to proof that you are going to proper route!

It still depends on the officer whether they want to let you in or not! Hope that helps otherwise the more experience member can help you out

-I am the Beneficiary-
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K1 (I-129F) petition filed in August 2013 (Approved Feb 20th 2014)
13th May 2014: AOS (I-485) & EAD/AP combo card
21st May 2014: NOA 1 and biometric letter
11th June 2014: biometric appointment
13th June 2014: RFE received via mail
16th June 2014: replied to RFE
6th August 2014: EAD Approved, AP still in initial review
12th August 2014: got tracking number for EAD
( ) August 2014: Received EAD (I forgot what date I got them but I did receive them less than 5 days from the 12th)
10th September 2014: Interview Waiver received (I wished I was interviewed)
April 23, 2015, we registered your permanent resident status and mailed you a Welcome Notice
Posted

I may be wrong about this since I am not from vwp country but it sure does allow B2 to travel like usual even with K1 processing but if your intention is seeing your fiancé, you might want to bring noa2 with you or something to proof that you are going to proper route!

It still depends on the officer whether they want to let you in or not! Hope that helps otherwise the more experience member can help you out

If you're not from a VWP country and you're not sure, you should hold off giving advice unless you can back it up with evidence. And if you actually read the OP, you'd see that they're going to file the K1 whilst they're in Texas so she won't have NOA1 let alone NOA2.

OP: Once you're in the US, you will be able to fly around with no issues so long as you have your passport with you to be able to travel. The difficulty you will face is getting into the country in the first place. The reason I say this is because you are going for 3 months - which is the time limit on the VWP as I'm sure you're aware (rather, the time limit is 90 days so not always three months). You may run the risk of getting asked lots of questions as to how you can support yourself for that long, what kind of job lets you leave for 3 months at a time, what are your ties back home and so on. If you're going to do this, you are going to need to have evidence - and lots of it - that will convince CBP that you're not going to overstay.

"What's yours is mine!"

Filed: Country: Vietnam (no flag)
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Posted
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This may be a bit of a silly question, but here goes: My significant other and I plan on starting the K-1 application process in August of next year. The plan is that I will go visit him (in Texas) for August-October under the VWP, and we'll file the petition while I'm there. During this time, we're hoping to be able to travel to NYC to attend Comic Con. Should I have any trouble traveling within the US while the K-1 is pending? Do I need to keep any documentation with me also during domestic US travel?

Any input is appreciated - I know I'm asking way in advance, but we want to start planning for NYC as soon as possible. smile.png

No problem.

No one checks immigration records for domestic flights.

Once you are in the US and file for the K-1, none of the airlines will care about your immigration status on domestic flights.

It's perfectly legal for you to travel since filing the K-1 does not void your VWP privileges.

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Have fun at Comic Con.

Hope you can make it to San Diego Comic Con the following year.

 
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