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lunat16

Visiting US while waiting for K-1 - specific circumstance

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We've received our NOA-2. In the meantime, my fiance' is coming to visit me in the US with is 2 kids. The trip is booked for October for 6 weeks. During this trip, my fiance' and his kids will ALSO be visiting his sister-in-law and her family (I live in Virginia, she lives in North Carolina).

Is it better for him to say that he's visiting his sister-in-law, since she is family already (Aunt to his children, etc.) and that he's staying there with her OR is it better to tell them that he's visiting his fiance' and we've started the Visa process? OR is it better to disclose both visits?

I just don't want him and his children to get hung up in the back room with a million questions, searches and scare the kids half to death.

Thanks!

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Your fiance should answer all questions asked truthfully. If they ask who she is coming to visit she should answer truthfully.


Spoiler

 

Married December 19, 2014

I-130 Petition sent January 14, 2015
NOA1 date January 20, 2015 (NSC)

NOA2 date May 28, 2015 :dance::dance::dance:

Mailed to NVC June 4, 2015

NVC Received June 10, 2015

NVC Case Number Assigned June 23, 2015

NVC AoS Invoice via Mail June 24, 2015

NVC Selected Agent Over Phone June 30, 2015 (Unable to logon to CEAC)

NVC IV Invoice via email received July 1, 2015

NVC AoS/IV Package Mailed July 2, 2015

NVC AoS & IV Fee Paid Online (CEAC is working) July 6. 2015

NVC Document Scan Date July 6, 2015

NCV AoS & IV Fee marked as paid in CEAC July, 7 2015

NVC DS 260 Completed July 8, 2015

NVC CC July 30, 2015 (24 days after scan date, about 2 months post NOA2)

Interview Scheduled on August 26, 2015

Interview P4 Email Received August 27, 2015

Medical in Islamabad September 2, 2015

Interview Date September 22, 2015 CANCELLED (Embassy is Over scheduled) :cry: :cry: :cry: :cry: :cry:

Interview Scheduled on September 10, 2015

Interview Date October 14, 2015 APPROVED

Visa Issued October 16, 2015, 9 months start to finish

POE JFK October 26, 2015

GC in Hand Jan 8, 2016

RoC I-751 NOA1 August 31, 2017 (Vermont Service Center)

Biometrics October 2, 2017

I551 Stamp in Passport August 2, 2018

18 Month Extension Letter August 3, 2018

Applied for Naturalization N-400 Online July 30, 2018

Biometrics August 23, 2018

10 year GC is in production September 17, 2018

 

 
 
 
 
 
 
 
 
 
 
 
 

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He has to tell the truth if asked anyway. So what is better would be irrelevant here.


 

 

AOS

03/24/11 - Got married in the Boogie-Down Bronx, NYC!
04/21/11 - Mailed I-130,I-765, I-485, I-864 and I-693 - Day 00

04/23/11 - Application delivered - Day 02
04/28/11 - NOA (most forms) - Day 07
05/03/11 - Checks cashed - Day 12
05/31/11 - Biometrics completed in the Bronx, NYC - Day 40
06/24/11 - Received someone else's employment authorization card!!! What the...? - Day 64
07/01/11 - Mailed the poor lady's card back after calling USCIS - Day 71
07/07/11 - Received poor lady's interview notice! What??? - Day 77
07/15/11 - Received my own EAD card - Day 85
08/12/11 - Interview. Approved on the spot! - Day 113
08/18/11 - Received card in the mail - Day 119

ROC
05/28/13 - Mailed I-751 - Day 00

05/30/13 - Application delivered - Day 02

05/31/13 - NOA I-797 - Day 03
06/04/13 - Check cashed - Day 07

06/06/13 - NOA delivered to my home/Biometrics letter generated - Day 09

06/10/13 - Received Biometrics letter in the mail - Day 13

06/27/13 - Biometrics completed in Milwaukee, WI - Day 30

09/10/13 - Application approved! - Day 105

09/14/13 - 10 year Green Card received! - Day 109

Citizenship

05/10/16 - Mailed N-400 - Day 00

05/12/16 - Application delivered - Day 02

05/13/16 - Credit card payment accepted - Day 03

05/17/16 - Received text & email update - Day 07

05/20/16 - Received 1st NOA (dated 05/13/16) & created ELIS acct - Day 10

05/21/16 - Received 2nd NOA (dated 05/16/16) confirming my DOB and address - Day 11

05/22/06 - Biometrics scheduled (online update) and appt letter was mailed on 05/20/16 - Day 12

05/24/06 - Biometrics letter became viewable online (appt scheduled for 06/07/16) - Day 14

05/27/16 - Received Biometrics letter in mail - Day 17

05/31/16 - Was denied walk-in fingerprints with just 1 person left in line. Milwaukee office, boo! - Day 21

06/07/16 - Biometrics completed in Milwaukee, WI - Day 28

12/21/16 - Passed Citizenship test/Interview was successful! - Day 197

01/26/17 - I am a US citizen!!! - Day 233

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Your fiance should answer all questions asked truthfully. If they ask who she is coming to visit she should answer truthfully.

He has to tell the truth if asked anyway. So what is better would be irrelevant here.

You're fiance is going to have to tell the truth. I know you think it's a risk.. It is, considering that he's visiting you and bringing his children. This is why they tell you, and even state in writing, that your fiance should not or cannot come to the United States during the K-1 visa process.


 
12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received

 

 

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Did you take into consideration that since you guys got your NOA2 in August 22. That by the time of the trip your petition be at the embassy and your fiancé need to be there preparing the interview and the medical?

Probably he will start with that by the end of September.


K-1 Visa:

 

05/12/2016 -- I-129F mailed to Lewisville, TX
05/16/2016 -- I-129F delivered to Lewisville, TX
05/19/2016 -- NOA1 email and text, case routed to California Center (WAC) ==== NOA1 Date 05/18/2016
05/24/2016 -- NOA1 Hard Copy (I-797C) Received in mail
07/20/2016 -- NOA2 email from USCIS case Status and USCIS App ===== Case approved in 63 Days
07/27/2016 -- NOA2 Hard Copy (I-797) Received in mail
08/02/2016 -- NVC Case Received
08/03/2016 -- NVC Case # and Invoice ID Assigned
08/05/2016 -- Case In Transit to embassy
08/10/2016 -- Case ready at embassy
08/15/2016 -- Packet 3 Received (email)

08/17/2016 -- NVC Letter Received in mail (nothing important ... Useless)

09/19/2016 -- Finally the embassy open interview date after long wait ... 35 Days (interview scheduled for Oct 10)

10/05/2016 -- Medical done. but no sealed envelope given.

10/10/2016 -- Interview day 1 ( pay the fee, deliver paperwork, finger printed ... and told to comeback tomorrow to be interviewed by a CO )

10/11/2016 -- Interview day 2 ( AP with g221 for missing medical )

10/17/2016 -- Medical received and delivered to embassy

10/19/2016 -- VISA ISSUED

10/23/2016 -- VISA in hand 

AOS:

Spoiler

12/22/2016 -- POE

12/30/2016 -- Marriage

01/14/2017 -- AOS mailed to Chicago, IL

01/17/2017 -- AOS delivered to Chicago, IL

01/25/2017 -- 3 NOA1 emails and texts (I-485 / I-765 / I-131), case routed to MSC

01/30/2017 -- NOA1 Hard Copy (I-797C) Received in mail for I-485 only, Notice date January 24th

01/31/2017 -- NOA1 Hard Copy (I-797C) Received in mail for I-765 & I-131, Notice date January 24th

02/06/2017 -- Biometrics Appointment Notice Received in mail, Appointment Feb 13, 2017

02/13/2017 -- Biometrics Done

04/20/2017 -- EAD (only) Approval text & email notification (day 96 since case filled, 93 since received, 86 since NOA1)

04/24/2017 -- EAD & AP NOA2 Approval notice received in mail

04/25/2017 -- EAD (only) text & email notification that card was mailed

04/28/2017 -- EAD /AP combo card in hand

09/01/2017 -- AOS Approval text & email notification (day 230 since case filled, 227 since received, 220 since NOA1) Approved in 7.5 Month, Interview waived

09/05/2017 -- NOA2 Hard Copy (I-797) Received in mail for I-485, Notice date September 1st

09/06/2017 -- Text & email notification Green card was mailed

09/09/2017 -- Green card in hand

 

 

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Did you take into consideration that since you guys got your NOA2 in August 22. That by the time of the trip your petition be at the embassy and your fiancé need to be there preparing the interview and the medical?

Probably he will start with that by the end of September.

Good point. It's even possible that the K-1 Visa will be complete and if he tries to come after the visa issued he will have to stay in United States. A K-1 is a one time only visa. No other Visa takes priority and any other visa will be cancelled. I'm going to state the hard possibility. Your fiance is at risk to be turned back at customs with his kids and everything and waste all that money. Please rethink this and postpone the trip. delay the tickets until he is ready to move.


 
12/31/2015 - New Year's Eve 2015 Engagement
03/19/2016 - I-129F Package sent via Express Mail (Cashier's Check)

03/21/2016 - Notice of Receipt (Text/Email)

03/24/2016 - NOA1 Approval :dancing:

06/13/2016 - NOA2 Approval :dancing:

07/13/2016 - NVC Case received and Case # Assigned. YES!!!! :dancing:

07/19/2016 - K-1 document package arrives Tokyo, Japan Consulate

07/22/2016 - Packet 3 Received and Returned

08/07/2016 - Tokyo Embassy Interview...APPROVED!!! :dancing:

08/09/2016 - Passport & Visa Received from Embassy

09/29/2016 - POE San Francisco, CA

10/28/2016 - MARRIED!

11/09/2016 - AOS Package Received

11/18/2016 - Electronic I-131, I-765 NOA1, I-485 Biometrics Fee Acknowledged.

11/26/2016 - I-131, I-765 NOA1 Letters Received

11/27/2016 - I-485 NOA1 Received

12/14/2016 - Biometrics Done

02/11/2017  - RFE Recieved for EAD

02/13/2017 - Response to RFE Sent for EAD

02/21/2017 - EAD & I-131 Approved

03/01/2017 - EAD/AP Combo Card Received

 

 

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Did you take into consideration that since you guys got your NOA2 in August 22. That by the time of the trip your petition be at the embassy and your fiancé need to be there preparing the interview and the medical?

Probably he will start with that by the end of September.

Good point. It's even possible that the K-1 Visa will be complete and if he tries to come after the visa issued he will have to stay in United States. A K-1 is a one time only visa. No other Visa takes priority and any other visa will be cancelled. I'm going to state the hard possibility. Your fiance is at risk to be turned back at customs with his kids and everything and waste all that money. Please rethink this and postpone the trip. delay the tickets until he is ready to move.

The UK fiancé does not have to do anything toward his visa until he returns from the trip. No worries about getting it too soon or needing to be in UK and cancelling the trip. It can wait for his return.

OP- When visiting abroad, my first answer to "purpose of trip" is "I am on holiday." Sometimes the next question is "How long are you staying?" and nothing more. Answer all questions truthfully, but you don't have to tell your life story unless asked. We have a 20-something yr old who arrived from the UK this week. They asked her nothing. Not one question. You never know how it's going to go.

Read this https://www.gov.uk/permission-take-child-abroad to learn if he needs permission documents to leave the UK with a child.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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Thank you for all the responses. K-1 Visa has still not been approved, and it is now end of September. It has only now gotten to NVC and is not yet at London Embassy. We are going through with the trip. My fiance' will be here in 9 days time and he will be truthful, and taking your specific advice, Nich-Nick. i.e. he is on holiday, answering truthfully, etc.. We are gathering all of our paperwork, proof, etc. for his interview. If all goes well, he'll get through immigration easily (but he is prepared if it's not perfectly smooth) and we'll have our visit and he'll return to the UK to do his medical (immunizations already done ahead of time) and interview.

Also, thanks for the tip on taking kids out of the country. His ex-partner (mother of the children) is deceased. He is the only parent/legal custodian to the kids. He's armed with birth certs and the death cert as well for travel. They all have valid passports and family on-call in case any validation is needed while he's at the airport as well.

Edited by lunat16

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