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invoker75

Girlfriend, VWP + K-1 ??

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Hey guys,

I am a U.S. citizen with dual nationality from France. I have spent the last 12 years of my life in France but I have moved to the US in the beginning of September. I have been in a relationship with a half french, half dutch girl for two years, and our relationship is very stable and going well. We both really want to be together in the future and on the long term and found that the best option is for her to come here in the US since she currently out of a job and has free time.

I have been reading tons of stuff on the internet and it seems that the best solution for us would be for her to come with a Visa Waiver Program and then apply for a K-1 while she's here but I can't seem to find the information on if you can do that.

Would it be possible for her to come visit me in the US with a VWP and then while she's here we apply for a K-1??

We would be ready to go for the K-1, but don't feel like waiting 5 months for an answer.

I also wanted to ask what other options do we have? And whats the durations of a student visa or internship visa?

Thanks in advance!

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Why not file the K1 now?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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No need to wait to file the I-129F petition. She can visit while it is pending. But to answer you, yes, you can file while she is visiting in the US. She will need to return home before her legal visitation stay is over. She will need to return home to apply for the K-1 visa at the US consulate in her country and complete the process there anyway. http://www.visajourney.com/content/k1guide


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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@ Boiler: I don't want to file it now because apparently it takes on average 5 months to get an approval (or not) and because I read somewhere on a forum that if there is a K-1 pending and she comes to the US with a tourist visa, they might refuse her entrance to the US. Is that true?

@ KayDeeCee thanks so much for the information. Do you know how long it takes to get an approval (or not) for a K-1?

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Times vary, depending on which service center your petition is sent to, whether or not you get any RFEs, and then how long it takes your particular consulate to give you an interview. I will say approx. 4-8+ months from filing the petition to receiving the K-1 visa.

There is a long thread here dedicated to visiting with a pending I-129F petition > http://www.visajourney.com/forums/topic/67796-yes-you-can-visit/

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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Would you plan on living in the U.S.? She'd have to live in the U.S. for at least three years to be eligible for citizenship, and any unapproved absence over six months would generally invalidate her green card.

Edited by jxn

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I didn't know that 6 months absence would invalidate the Green Card, that's good to know.

So going for the K-1 visa does imply a lot of future engagements, which makes sense.

That's probably one of the reasons I'm not filing for it right now.

I think the best plan for us right now would be for her to come with a tourist VWP for her to see how things are here (She has never been to the US). I want to live in the US for at least 3 years and but I want her to be sure she's ready to spend 3 years in the US. So the best option is for her to come visit and then we'll see about the K-1

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Not simply live in the US for 3 years. She has to be a permanent resident for 3 years and married to the same USC for those 3 years to be eligible for US citizenship, if she would even want that.

Also, it is usually a year outside the US without getting a re-entry permit that abandons the permanent residency, not 6 months > http://www.uscis.gov/green-card/after-green-card-granted/maintaining-permanent-residence


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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@ Boiler: I don't want to file it now because apparently it takes on average 5 months to get an approval (or not) and because I read somewhere on a forum that if there is a K-1 pending and she comes to the US with a tourist visa, they might refuse her entrance to the US. Is that true?

@ KayDeeCee thanks so much for the information. Do you know how long it takes to get an approval (or not) for a K-1?

I actually visited on the vwp after we had sent in our petition for almost three months. The biggest problem she would face is proving ties to her country as she has no job or school to come back to and that makes them think that she is more likely to overstay.

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Would it be possible for her to come visit me in the US with a VWP and then while she's here we apply for a K-1??

Sure, but then she'll go back for the medical and interview.

We would be ready to go for the K-1, but don't feel like waiting 5 months for an answer.

The wait could be more.

I also wanted to ask what other options do we have?

Move to her country.

And whats the durations of a student visa or internship visa?

Not an option if you are trying to circumvent a visa to allow permanent residence....it's called visa fraud.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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So going for the K-1 visa does imply a lot of future engagements, which makes sense.

I'm not sure what you mean by future engagements? The K1 VISA is a one-time entry to the US, for the holder to marry the petitioner within 90 days of entry.

Are you intending to marry your girlfriend?

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I'm already married to an American, have a CR-1 application pending and I visited for 2 weeks a month ago. It is very possible to visit with an I-129F pending.

Edited by Ketsuban

ROC from CR-1 visa (Green Card expiration date was Nov 24th 2016)

 

Link to the evidence I submitted. Be sure to send evidence spanning your entire marriage (especially for K-1) or as far back as you can. Just one or two bank statements will not cut it. I primarily focused on the two years of living here since I came in on a CR-1. If you don't have the fundamentals (i.e. joint accounts/policies), you can explain why in the covering letter. E.g. "While we do not have joint utilities, we both contribute to them from our joint bank account".

 

September 26th 2016: I-751 package sent to CSC

September 28th 2016: Package delivered
September 30th 2016: Check cashed
October 3rd 2016: NOA1 received with receipt date of 09/28/16
November 3rd 2016: Biometrics received with appointment date of 11/14/16.
November 14th 2016: Attended biometrics appointment
October 30th 2017: Infopass appointment to get I-551 stamp
February 26th 2018: I-751 case number (aka the NOA1 receipt number) becomes trackable
March 14th 2018: Submitted service request due to being outside of processing time.

March 15th 2018: ROC approved. 535 days (1 year, 5 months and 17 days)

March 29th 2018: Card being produced

April 4th 2018: Card mailed out

April 6th 2018: Card in hand. Has incorrect "resident since" date. Submitted service request on I-751 case (typographical error on permanent resident card) and an I-90 online.

April 2018 - August 7th 2018: Tons of service requests, emails and now senator involvement to get my corrected green card back because what the heck, USCIS. Also some time in May I sent a letter to Potomac telling them I want to withdraw my I-90 since CSC were handling it.

August 8th 2018: Card in production thanks to the direct involvement of Senator Sherrod Brown's team

August 13th 2018: Card mailed

August 15th 2018: Card in hand with correct date. :joy:

October 31st 2018: Potomac sends out a notice stating they have closed out my I-90 per my request. Yay for no duplicate card drama.

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My fiance visited on VWP while our petition was pending. Once your K-1 is issued and you enter US, you enter to stay, but you can come and go on VWP within the limits of that program while your petition is pending, and while you're waiting for interview, etc.

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