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Staying during K1 process

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From experience, does anyone know how possible it is for the foreign fiance to come and stay for 1 to 2 months in the US (without getting married) while waiting for the K1 visa.

I ask this because my fiance is considering taking a short leave from his job because he is being completely overworked, and how possible would it be for him to come stay with me during that leave?


ROC Timeline
01/22/2018 - I751 sent to CSC

01/24/2018 - Delivered to CSC

01/26/2018 - Check cashed

01/29/2018 - NOA received (dated 01/24/2018)

05/11/2018 - Biometrics letter received (dated 05/05/2018) - USCIS reusing old biometrics, no appointment necessary

08/17/2018 - 18 month Extension Letter received

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If he is on leave from his job, other than a letter from his job, what would be documents he could bring with him that would serve as "ties"?

And thank you for your quick response! :)


ROC Timeline
01/22/2018 - I751 sent to CSC

01/24/2018 - Delivered to CSC

01/26/2018 - Check cashed

01/29/2018 - NOA received (dated 01/24/2018)

05/11/2018 - Biometrics letter received (dated 05/05/2018) - USCIS reusing old biometrics, no appointment necessary

08/17/2018 - 18 month Extension Letter received

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Return flight, lease, copies of the I-129 notices (can't hurt to show he's going about immigrating the right way)

As with anything, it's at the discretion of the CBP officer.


K1 Visa Process AOS Process

Mar 18 2013: I-129F mailed to CSC Nov 15 2013: I-485 with EAD/AP filed at Chicago Lockbox

Sept 19 2013: Interview - Approved!! Jan 25 2014: EAD/AP Card Received

Oct 6 2013: POE - Chicago O'Hare June 2 2014: Permanent Resident Card Received!

Oct 27 2013: Wedding!

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Documents/evidence of strong ties to home country:
• Letter from employer (with position, salary, when employment began, permission from employer to take vacation, expected return date)
• Contract from employer

• Housing lease
• Car documents with your name on it
• Bank documents demonstrating you have enough money and the ability to support yourself while visiting the U.S.
• Credit card payments
• Anything sort of credit receipts (if you have bought anything with credit that you are still paying off, bring those receipts to demonstrate that you are responsible)

• Doctor appointment letters


Done with K1, AOS and ROC

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He can stay with you as long as legally allowed, just make sure if approved within that time that he goes home for the medical and interview. But other than that yes!


My Name is Daisy, I am British, I say things bluntly and to the point.
London K1, A complete guide -- >http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/
I am Daisy the Beneficiary, These are my views!
U.K. k1 visa, approved 2014.

NOA1: 20/03/2014

NOA2: 11/04/2014 (22 days)

Interview: 09/07/2014 (111 days)

D.O.E 29/07/2014

Married 29/08/2014

AOS from K1/K3 Guide -->http://www.visajourney.com/content/k1k3aos

AOS/EAD/AP Sent: 12/11/2014

Delivered at Chicago LB:15/11/2014

NOA1 (all 3): 17/11/2014

NOA1 (all 3) hardcopy: 24/11/2014(Notice date 20th)

Bio-metrics App letter: 28/11/2014(Notice date 21st)

Bio-metrics App Cleveland Ohio: 10/12/2014

EAD/AP:Approved/production 31/01/2015(update 2/2/1015) (80 days)

Combo Card: Mailed 5/2/2015

Combo Card: Delivered 6/2/2015AP

NOA: Approval Notice received 7/2/2015

Interview waiver letter: received 23/2/15 dated: 18/2/2015

Green Card: APPROVED 31/07/2015

(Remember, all my dates are British layout.. the proper layout!)

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I did. Not likely to be asked very much of anything for a short visit.


“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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I'm assuming that he has a Colombian passport (and only a Colombian passport) based on the information on your profile. Does he already have an existing B-2 (or other) visa to come here?

If yes: should not be too much of a problem as long as he can prove ties as mentioned previously.

If no: it might be very difficult, if not impossible. He'd have to apply for a visitor's visa and from what is oft repeated on these boards (and personal anecdotes seem to back this up): they don't tend to give people with American significant others B-2 visas---shows too much of a tie to the US rather than "home", and most people are told to apply for a K-1 instead.

That being said--I strongly believe that there is absolutely no harm in trying if you have the time/ability to travel to the embassy and $160 to spare. Everyone's circumstances are so different, and each embassy is different to the point that there really is no way of knowing without trying. I know quite a few people who work as counselor officers in embassies abroad. And one of them told me that while they (the CO) know that generally people with US fiances demonstrate too much "immigrant intent" for B-2 visas, that they (that particular CO) have made the choice to give them to applicants in this situation---it's totally personal and really just up to if the CO believes you that your fiance will not use the B-2 to immigrate.


Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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CG&LG,

If you (or rather he) does try and gets a B2 visa, Please let everyone on here know as I've not yet heard from anyone here that has gotten a B2 visa during the immigration process. Lots of people do visit, but the visa has always

been in place prior to filing an I130 or I129F. My wife and I were thinking about having her apply for one, but from the responses on here, it seemed that the likely hood was nil and I thought it would be more depressing for her to

be denied than the little chance of approval merited. If your fiancé is accepted, we will certainly reevaluate that decision.

thanks

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He already has a tourist visa. He has been here many times before. But he hasn't traveled back since we started the K1 process.

Thank you everyone for your responses!!!


ROC Timeline
01/22/2018 - I751 sent to CSC

01/24/2018 - Delivered to CSC

01/26/2018 - Check cashed

01/29/2018 - NOA received (dated 01/24/2018)

05/11/2018 - Biometrics letter received (dated 05/05/2018) - USCIS reusing old biometrics, no appointment necessary

08/17/2018 - 18 month Extension Letter received

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He already has a tourist visa. He has been here many times before. But he hasn't traveled back since we started the K1 process.

Thank you everyone for your responses!!!

It's certainly possible, but it's a determination that will only be made for sure by the CBP agents at the POE.

A history of traveling here and leaving timely is certainly helpful, but with the K-1 in play it does show immigrant intent, so he may be scrutinized further, because a concern for them is "will he leave this time, or is he just coming to shortcut the K-1?"

If you two have the money to spare and want to take the gamble, then there's no reason not to try.


November 14th, 2013: She's here!

December 12th, 2013: Picked up marriage license.

December 14th, 2013: Wedding

6gai.jpg

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With an existing visa in place getting turned away at the border, especially for a relatively short visit with a history of arriving and departing on time, is a very, very small risk to take. Have fun on your visit, you will be fine!


K1 time line

 


I-129F sent: 12/23/2014
NOA-1: 12/29/2014
NOA-2: 06/05/2015 (158 days)
NOA-2 hardcopy: 06/11/2015 (6 days post NOA-2, 164 days total)
Sent to NVC: 06/16/2015 (11 days post NOA-2, 169 days total)
NVC receive: 06/25/2015 (20 days post NOA-2, 178 days total)
NVC case no: 06/30/2015 (25 days post NOA-2, 183 days total)
NVC left: 07/02/2015 (27 days post NOA-2, 185 days total)
Case Ready: 07/07/2015 (32 days post NOA-2, 190 days total)
submitted DS-160, paid visa fee.: 07/21/2015 (46 days post NOA-2, 204 days total)
Packet 3 sent: 07/25/2015 (50 days post NOA-2, 209 days total)
Pack 4 received: 07/30/2015 (55 days post NOA-2, 214 days total)
Medical: 09/17/2015 Interview: 09/23/2015 (108 days post NOA-2, 268 days total)
Interview Result: Approved Administrative Processing: 09/23/2015
CEAC Status Issued: 09/24/2015
Visa in hand: 09/28/2015
POE: 12/29/2015 Wedding: 01/11/2016


AOS Time Line

 

AOS package mailed: 01/13/2016
AOS package received: 01/20/2016 (day 1)
AOS NOA-1 text/email: 01/23/2016 (day 3), actual NOA-1 date 01/22/2016 (day 2)
AOS Fingerprint fee received: 01/22/2016 (day 2)
AOS check cashed: 01-25-2016 (day 5) Got 6 month NJ driver's license: 01-25-2016
3x NOA-1 hardcopies: 02/03/2016 (day 14)

Biometrics letter: 02/05/2016 (day 16) Biometrics appt (Elizabeth, NJ): 02/17/2016 (day 28)

EAD and AP approved email/txt: 03/29/2016 (day 67)

GC approval email/text: 04/04/2016 (day 74)

I-797 for I-765/I-131 in mail: 04/04/2016 (day 74)

EAD/AP delivered: 04/05/216 (day 75)

GC card being mailed status update: 04/07/16 (day 77)

GC received: 04/11/16 (day 84 post AOS NOA-1)

DONE WITH USCIS FOR 21 MONTHS!

ROC Window opens: 01/04/2018

 

ROC Time Line
ROC package mailed to Vermont 01/04/2018
ROC package received at Vermont 01/08/2018 (day 0)
Check cashed: 01/16/2018 (day 8 )
NOA-1 date: 01/09/2018 (day 1)
NOA-1 received: 01/16/2018 (day 8 )
Biometrics notice received: 02/09/2018 (day 32)
Biometrics appointment: 02/23/2018 (day 46)
Received 18-month extension letter: 08/13/2018 (day 209)

event.png
 

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Biggest risk would be the co pilot being a nut job.


“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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