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mattmatt

If the foreign beneficiary visits for 90 days

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Hello,

I have a question about visiting. I understand that the foreign beneficiary can visit for up to 90 days on the ESTA (visa waiver program). After that, they must go back to their country and wait for a certain amount of time.

How long do they have to wait before coming back?

What if they go back, but the K-1 visa is approved? Do they still have to wait the whole time, or can they come to the USA immediatly with the K-1?

Thanks

Edited by mattmatt

I am the U.S. citizen petitioner (male). My wife is the foreign beneficiary (female)

K-1 FIANCEE VISA (I-129F)
Day 000 - 2015-02-23 - Packet mailed (USPS) to Dallas P.O. Box
Day 002 - 2015-02-25 - Tracking information indicates delivered
Day 003 - 2015-02-26 - USCIS received packet (NOA1 date)
Day 007 - 2015-03-02 - USCIS sent NOA1
Day 008 - 2015-03-03 - USCIS check cleared ($340)
Day 008 - 2015-03-03 - USCIS sent acceptance confirmation email
Day 175 - 2015-08-17 - USCIS sent NOA2
Day 193 - 2015-09-04 - NVC sent notice of transfer of petition to consulate
Day 197 - 2015-09-08 - Consulate sent fiancee a letter confirming receipt of petition
Day 227 - 2015-10-08 - Consulate sent fiancee interview appointment date
Day 260 - 2015-11-10 - Interview. Visa approved!
Day 267 - 2015-11-17 - Fiancee received visa/passport in mail
Day 273 - 2015-11-23 - Fiancee entered USA (POE Newark Airport)
Day 292 - 2015-12-12 - Legal marriage (town hall)

AOS & EAD (I-485 & I-765)
Day 000 - 2016-02-10 - Packet mailed (USPS) to Chicago P.O. Box
Day 005 - 2016-02-15 - Tracking information indicates delivered
Day 006 - 2016-02-16 - USCIS received packet (NOA1 date)
Day 018 - 2016-02-28 - USCIS sent NOA1 for AOS
Day 018 - 2016-02-28 - USCIS sent NOA1 for EAD
Day 020 - 2016-03-01 - Check cleared ($1070)
Day 020 - 2016-03-01 - USCIS sent acceptance confirmation email for AOS
Day 020 - 2016-03-01 - USCIS sent acceptance confirmation email for EAD
Day 024 - 2016-03-05 - USCIS sent NOA2 for EAD (notice of biometrics appointment)
Day 044 - 2016-03-25 - Biometrics appointment for EAD
Day 073 - 2016-04-23 - USCIS sent NOA2 for AOS (notice of biometrics appointment)
Day 089 - 2016-05-09 - Biometrics appointment for AOS
Day 114 - 2016-06-03 - Phonecall to USCIS re: over 90 days without EAD
Day 124 - 2016-06-13 - Phonecall to USCIS re: over 5 days without return call
Day 134 - 2016-06-23 - USCIS sent NOA3 for EAD (notice of EAD approval)

Day 139 - 2016-06-28 - USCIS sent EAD card (I-765 process complete)

Day 216 - 2016-09-13 - USCIS sent NOA3 for AOS (notice of interview appointment)

Day 253 - 2016-10-20 - Interview appointment for AOS
Day 253 - 2016-10-20 - USCIS sent NOA4 for AOS (notice of Permanent Resident approval)

Day 258 - 2016-10-25 - USCIS sent green card in mail (I-485 process complete)

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There is no time limit but remember it is for visiting not living in the US, abuse it and you may be on the next plane home.


“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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Hello,

I have a question about visiting. I understand that the foreign beneficiary can visit for up to 90 days on the ESTA (visa waiver program). After that, they must go back to their country and wait for a certain amount of time.

How long do they have to wait before coming back?

I don't know; it's an ESTA question, check out the USCIS website.

What if they go back, but the K-1 visa is approved? Do they still have to wait the whole time, or can they come to the USA immediatly with the K-1?

Immediately.

Thanks


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

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

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The unofficial recommendation is to spend at least as much time as you spend inside the US at home - 90d in the US, at least 90d home. It is all down to the CBP officer though.

Edited by TabeaK

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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Ok thanks for your replies. I just called Customs & Border Protection and asked. They said that if she tried to visit the USA using the ESTA (Visa Waiver Program), whilst the K-1 visa was pending, there would be a "strong" possibility that she would be disallowed entry to the USA upon her arrival at the airport. What's going on here? I thought they were allowed to visit??


I am the U.S. citizen petitioner (male). My wife is the foreign beneficiary (female)

K-1 FIANCEE VISA (I-129F)
Day 000 - 2015-02-23 - Packet mailed (USPS) to Dallas P.O. Box
Day 002 - 2015-02-25 - Tracking information indicates delivered
Day 003 - 2015-02-26 - USCIS received packet (NOA1 date)
Day 007 - 2015-03-02 - USCIS sent NOA1
Day 008 - 2015-03-03 - USCIS check cleared ($340)
Day 008 - 2015-03-03 - USCIS sent acceptance confirmation email
Day 175 - 2015-08-17 - USCIS sent NOA2
Day 193 - 2015-09-04 - NVC sent notice of transfer of petition to consulate
Day 197 - 2015-09-08 - Consulate sent fiancee a letter confirming receipt of petition
Day 227 - 2015-10-08 - Consulate sent fiancee interview appointment date
Day 260 - 2015-11-10 - Interview. Visa approved!
Day 267 - 2015-11-17 - Fiancee received visa/passport in mail
Day 273 - 2015-11-23 - Fiancee entered USA (POE Newark Airport)
Day 292 - 2015-12-12 - Legal marriage (town hall)

AOS & EAD (I-485 & I-765)
Day 000 - 2016-02-10 - Packet mailed (USPS) to Chicago P.O. Box
Day 005 - 2016-02-15 - Tracking information indicates delivered
Day 006 - 2016-02-16 - USCIS received packet (NOA1 date)
Day 018 - 2016-02-28 - USCIS sent NOA1 for AOS
Day 018 - 2016-02-28 - USCIS sent NOA1 for EAD
Day 020 - 2016-03-01 - Check cleared ($1070)
Day 020 - 2016-03-01 - USCIS sent acceptance confirmation email for AOS
Day 020 - 2016-03-01 - USCIS sent acceptance confirmation email for EAD
Day 024 - 2016-03-05 - USCIS sent NOA2 for EAD (notice of biometrics appointment)
Day 044 - 2016-03-25 - Biometrics appointment for EAD
Day 073 - 2016-04-23 - USCIS sent NOA2 for AOS (notice of biometrics appointment)
Day 089 - 2016-05-09 - Biometrics appointment for AOS
Day 114 - 2016-06-03 - Phonecall to USCIS re: over 90 days without EAD
Day 124 - 2016-06-13 - Phonecall to USCIS re: over 5 days without return call
Day 134 - 2016-06-23 - USCIS sent NOA3 for EAD (notice of EAD approval)

Day 139 - 2016-06-28 - USCIS sent EAD card (I-765 process complete)

Day 216 - 2016-09-13 - USCIS sent NOA3 for AOS (notice of interview appointment)

Day 253 - 2016-10-20 - Interview appointment for AOS
Day 253 - 2016-10-20 - USCIS sent NOA4 for AOS (notice of Permanent Resident approval)

Day 258 - 2016-10-25 - USCIS sent green card in mail (I-485 process complete)

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To be picky they are allowed to apply for permission to Visit. Which is all a visa or VWP does.

I never had a problem visiting, seemingly most do not.


“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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Ok thanks for your replies. I just called Customs & Border Protection and asked. They said that if she tried to visit the USA using the ESTA (Visa Waiver Program), whilst the K-1 visa was pending, there would be a "strong" possibility that she would be disallowed entry to the USA upon her arrival at the airport. What's going on here? I thought they were allowed to visit??

CBP is incorrect - apparently they don't even know what their own website documentation says. You can certainly visit, however you must show ties of returning home. There is plenty of evidence of people visiting while K-1 process is pending. Being allowed in is completely up to the IO at the POE. You might, or you might not. Usually, with plenty of proof it is not a problem. Others choose not to try anyway.

As for how much time you should spend out after visiting, it all depends. I certainly would wait a stretch of time, especially if you stayed the maximum.

https://help.cbp.gov/app/answers/detail/a_id/1247/~/travel-while-k-1-fiance%2Ffiancee-visa-pending

Edited by yuna628

K-1 - AOS & ROC Timeline  - Immigration and the Health Exchange Price of Love in the UK Thinking of Returning to UK?

 

First met: 12/31/04 - Engaged: 9/24/09
Filed I-129F: 10/4/14 - Packet received: 10/7/14
NOA 1 email + ARN assigned: 10/10/14 (hard copy 10/17/14)
Touched on website (fixed?): 12/9/14 - Poked USCIS: 4/1/15
NOA 2 email: 5/4/15 (hard copy 5/11/15)
Sent to NVC: 5/8/15 - NVC received + #'s assigned: 5/15/15 (estimated)
NVC sent: 5/19/15 - London received/ready: 5/26/15
Packet 3: 5/28/15 - Medical: 6/16/15
Poked London 7/1/15 - Packet 4: 7/2/15
Interview: 7/30/15 - Approved!
AP + Issued 8/3/15 - Visa in hand (depot): 8/6/15
POE: 8/27/15

Wedding: 9/30/15

Filed I-485, I-131, I-765: 11/7/15

Packet received: 11/9/15

NOA 1 txt/email: 11/15/15 - NOA 1 hardcopy: 11/19/15

Bio: 12/9/15

EAD + AP approved: 1/25/16 - EAD received: 2/1/16

RFE for USCIS inability to read vax instructions: 5/21/16 (no e-notification & not sent from local office!)

RFE response sent: 6/7/16 - RFE response received 6/9/16

AOS approved/card in production: 6/13/16  

NOA 2 hardcopy + card sent 6/17/16

Green Card received: 6/18/16

USCIS 120 day reminder notice: 2/22/18

Filed I-751: 5/2/18 - Packet received: 5/4/18

NOA 1:  5/29/18 (12 mo) 8/13/18 (18 mo)  - Bio: 6/27/18

 

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