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JamesRenee

UK fiance visiting in 2 weeks/ Detroit POE

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Filed: K-1 Visa Country: United Kingdom
Timeline

I am posting on behalf of my UK fiance- as well as myself- becaue he is obviously getting very nervous about getting sent back. First of all- has anyone gone through Detroit as their POE and if so how was your experience? My fiancé is planning on staying for 85 days. We've purchased a return ticket for his trip as well as traveler's insurance- we have a signed letter from his employer stating that he is expected back at work on a specific date & she is giving him extended holiday leave. He will have a bank statement showing proof of funds. And also our I-129 petition with the NOA1 letter and change of alien registration number as well. He is nervous becaue he was already here on a waiver from May 8- August 8. It was during that trip that we met and fell in love. He thinks becaue he's trying to come in again for an extended period of time that they will reject him. We plan on being up front and truthful about all questions asked (i.e. He's coming to visit his fiancé and my family for the holidays). I told him I would post on this site for any helpful advice because the people on this site are wonderful and supportive & no question is considered "stupid". I think because the time is drawing nearer that we are both freaking out a little & nervous. But if anyone has been through Detroit that would be extremely helpful. Thank you in advance for your help ?

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Filed: K-1 Visa Country: United Kingdom
Timeline

Sorry- it was August 5th. Got the dates wrong. He didn't overstay- he was very careful about that. It was 90 days exactly- stamped on his passport that he had to leave the states August 5th which he did

Edited by JamesRenee

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OK that's good. It is still a possibility that they may think he is using the VWP to live in the US. Two visits of nearly 90 days in the same year could be pushing it, in their eyes. When is his arrival date? I don't have any experience of Detroit as a POE, but this is not really an airport-specific question - he could have the same issue at any POE.

Edit- I see you answered my question in your topic title.

He came to the US for 90 days, then was out for approximately 90 days, then wants to come in again for another 85 days. There is no way to know how CBP may see this, as there are no hard and fast rules about how much time you need to spend outside the US in order to be permitted in for another 90 days. It will be assessed on a case by case basis.

Edited by Lainie B

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Filed: K-1 Visa Country: United Kingdom
Timeline

One quick question that you may or may not know...does it matter in hours as far as overstaying the visa? For example- if he arrived in the morning on May the 8th and his final flight left American the evening of the 5th (he had an 11 hour layover in Philly) is that considered overstaying the visa?

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Filed: Citizen (apr) Country: Scotland
Timeline

For example- if he arrived in the morning on May the 8th and his final flight left American the evening of the 5th (he had an 11 hour layover in Philly) is that considered overstaying the visa?

It works on calendar dates, not flight times.


Lee & William

8/2/2014 - Sent I-129F Petition with USPS by Express Mail    
8/4/2014 - I-129F delivered to dropbox    8/6/2014 - NOA1 Text/E-Mail received    8/11/2014 - Alien Registration Number Changed (Text/E-Mail) / NOA1 Letter received by Mail    3/16/2015 - NOA2 Text/E-Mail received (224 days)    3/20/2015 - Sent to NVC    3/31/2015 - NVC Received    4/1/2015 - Case Number Assigned       4/7/2015 - NVC Sent to Embassy    4/10/2015 - London Embassy Received    4/11/2015 - Medical     4/15/2015 - Packet 3 Received    4/12/2015 - Packet 3 Sent    4/23/2015 - Packet 4 Received    5/18/2015 - Interview - APPROVED     5/30/2015 - Visa collected from courier    6/1/2015 - POE    6/14/2015 - Wedding 💍💍
 
N400
06/30/2019 - Filed online
06/30/2019 - NOA1
07/16/2019 - Biometrics completed (early walk in - successful) 
Years of waiting for stuff is starting to get old! 
⏱⏱⏱ ....

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Filed: AOS (pnd) Country: Philippines
Timeline

If he is not breaking the rules, I don't see any problem. You have a K-1 penidng that you are pursuing in good faith, so how can anyone assert that you are trying to circumvent the K-1 process? All you are doing is making perfectly legal use of the VWP..

Do make note of the entry and exit dates. No doubt he will be asked these dates at his K-1 interview. When that happens, recite the dates and be perfectly honest about why he came here. You simply have nothing to hide.

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Filed: Country: Norway
Timeline

My Fiance is coming in the Xmas and we already have NOA2


I129F SENT: 09/11/2014

Package arrived to Tx: 09/15/2014

Processing Center: CSC

NOA1: 09/17/2014

Alien Number changed: 09/22/2014

NOA2: 10/18/2014

NOA2 HARD COPY: 10/23/2014

NVC RECEIVED: 11/03/2014

EMBASSY RECEIVED: 11/172014

MEDICAL EXAM: 01/15/2015

INTERVIEW: 02/09/2015

VISA APPROVED: Yes

Ceac status: Ready Immigrant ----- AP Nonimmigrant ------ Issued

VISA IN HAND:

TRAVEL DATE:

WEDDING:

AOS SENT:

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Filed: AOS (pnd) Country: Philippines
Timeline

My Fiance is coming in the Xmas and we already have NOA2

That is fine. Does not change anything.

But once the K-1 is issued, he cannot come here without using up his ONE entry permitted under the K-1, even if he calls it a VWP entry. So once the K-1 is issued, make sure that when he comes here, he will stay here. Otherwise the K-1 will be lost.

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Filed: Country: Norway
Timeline

That is fine. Does not change anything.

But once the K-1 is issued, he cannot come here without using up his ONE entry permitted under the K-1, even if he calls it a VWP entry. So once the K-1 is issued, make sure that when he comes here, he will stay here. Otherwise the K-1 will be lost.

We have our NOA2 in october and it will be expired in Feb and my fiance cant move to the US before june :( due to work :(:cry: :cry: :cry:

Can we extend NOA2 ? is it possible to have the visa interview after NOA2 expiry ?


I129F SENT: 09/11/2014

Package arrived to Tx: 09/15/2014

Processing Center: CSC

NOA1: 09/17/2014

Alien Number changed: 09/22/2014

NOA2: 10/18/2014

NOA2 HARD COPY: 10/23/2014

NVC RECEIVED: 11/03/2014

EMBASSY RECEIVED: 11/172014

MEDICAL EXAM: 01/15/2015

INTERVIEW: 02/09/2015

VISA APPROVED: Yes

Ceac status: Ready Immigrant ----- AP Nonimmigrant ------ Issued

VISA IN HAND:

TRAVEL DATE:

WEDDING:

AOS SENT:

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Filed: Lift. Cond. (pnd) Country: Chile
Timeline

We have our NOA2 in october and it will be expired in Feb and my fiance cant move to the US before june :( due to work :(:cry: :cry: :cry:

Can we extend NOA2 ? is it possible to have the visa interview after NOA2 expiry ?

That is just the petition expiration, not the visa expiration. You must have your interview before Feb but then the visa itself will have a later expiration date.


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Filed: IR-1/CR-1 Visa Country: England
Timeline

He will probably be OK, as I see other people doing similar things here, but every now and then I see a denial on here because CBP think the traveler is misusing the VWP.

Agree with this, you might get someone who lets him through without many questions or you might get someone who has an issue with two long visits close together and decides he is abusing the VWP. Good luck!


My blog about my visa journey and adjusting to my new life in the US http://albiontoamerica.wordpress.com/

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