K1 Visits while paper in process

[WindowLove 1]

Hi,

Can my fiance still come into the country while our K-1 paperwork is being processed? Just to visit me for a couple of weeks. Would she still be able to travel in the states anywhere?

[blooms 63]

Hi,

The answer is yes. I myself visited my then fiance with my parents while the K1 visa was in process.

Just don't overstay!

Good luck

Blooms

[WindowLove 1]

Hi,

The answer is yes. I myself visited my then fiance with my parents while the K1 visa was in process.

Just don't overstay!

Good luck

Blooms

Thank you!

Now what would be considered as overstaying?

Another question I have is what if we were to file the K-1 while she was here visiting. Would that cause any problems?

[emmaandcarlos 0]

Hmm, I'm not sure but the advice I've gotten on this is no, not to file the K1 while the fiance is here and that once you file the K1, the fiance shouldn't come into the US until the K1 comes through. I think the reasoning is that once you've expressed an interest in immigrating by filing the K1 visa, the authorities will be dubious about letting you in on a tourist visa.

overstaying i believe would mean overstaying what her limit is on her tourist visa.

Edited January 10, 2014 by emmaandcarlos

[kitthekat 1,317]

Thank you!

Now what would be considered as overstaying?

Another question I have is what if we were to file the K-1 while she was here visiting. Would that cause any problems?

Overstaying = staying past the expiry of your I-94. For Canadians entering the US as visitors/tourists, this is generally 6 months.

No issue filing the I-129F petition while she's visiting you. There are fields in the I-129F form specifically for you to state that she's in the US with you currently (Part 2, Qns 15a-h). She will have to return to Canada for her medical exam, interview, etc once the petition has been approved.

Edited January 10, 2014 by kitthekat

[kitthekat 1,317]

You can read about the experiences of other K1 couples who visited each other during the K1 process in this thread: http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

[Canerican 242]

You are able to visit while the visa is being processed. Just be honest with the border guards concerning the questions and bring your paperwork to show the guards that you are doing things the legal way and ties to Canada to show them that you will not stay in the USA until you receive your visa. Here is what happened on one of my visits. I was taking the bus from Montreal to Vermont.

US CBP: What's the purpose of your visit today

Me:Visit my fiancee.

US CBP: Where does she live?

Me: Such and such city

I forget when but I think that I told him that we were going through the K-1 process and that I could show him the paperwork if he wanted to see it. He did not want to see it, but here is what he said.

US CBP: You do understand that you cannot adjust or stay permanently in the USA until you have received your visa?

Me: Yes

US CBP: Have a good day

[Sweetmelissa 82]

No issue filing the I-129F petition while she's visiting you. There are fields in the I-129F form specifically for you to state that she's in the US with you currently (Part 2, Qns 15a-h). She will have to return to Canada for her medical exam, interview, etc once the petition has been approved.

I don't know why but I assumed that part of the I-129F was if the finance was living in the United States. We just sent our package away a few weeks ago while I was visiting, but we left that blank because I left the next day (I am back in Canada). Is that going to cause problems??

[kitthekat 1,317]

I don't know why but I assumed that part of the I-129F was if the finance was living in the United States. We just sent our package away a few weeks ago while I was visiting, but we left that blank because I left the next day (I am back in Canada). Is that going to cause problems??

One of the options under "he or she last arrived as..." is "visitor" No, I don't think it's going to cause you any problems. Your package probably took a couple days to reach the intake facility anyway, and you'd have been back in Canada by then.

[NikLR 13,232]

Thank you!

Now what would be considered as overstaying?

Another question I have is what if we were to file the K-1 while she was here visiting. Would that cause any problems?

You can file at any time, just make sure you have the required documents to do so.

Overstaying is either a) 6 months. But if you get a stamp on your passport with a date, go back before or on that date.

If the either person is visiting I suggest bringing ties to their home country. If flying, always have a return ticket. Try to not stay too long (longer stays arouse more suspicion) and pack appropriatley. I just left my specific shampoo, conditioner, body wash, a toothbrush, etc at my husband's home to have less to pack. Bring proof of your ties to your home country, ie: a letter from your employer stating who you are, how long you've worked there, and when you're expected back at work. It'll be maybe 3 or 4 lines long, proof of enrollment in school, a lease agreement or proof of mortgage, any leases or major bills in your name (car for example). Basically things normal people don't just up and leave. You likely will not be asked for them but have it just in case. Always be truthful (I always said I was visiting my husband), friendly, and polite. Answer any questions but you don't need to go on and on with an answer. Be concise and to the point. And remember, you're not doing anything wrong.

Edited January 11, 2014 by NLR