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Sapphite

This response from an online attorney at JustAsk has me in tears... say it isn't so!

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Filed: Citizen (apr) Country: Romania
Timeline

My first tourist visa was about to expire and I had a K1 pending. I wanted to attend my future sister-in-law's wedding in the USA and applied for a new visa (interview not required, I just sent in my passport and attached a letter explaining my situation). I got a new visa valid for 10 years (mind you, I only used it once) and had no issues whatsoever at POE. This "lawyer" has no idea what he's talking about. 

 

 

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During my pending K1 129F application I visited the USA twice. I visited stayed 87 days and left, then 3 weeks later returned for 89 days. This was using the VISA WAIVER, which isn't even a visa. Nobody questioned me. Meanwhile I was visiting a friend whom I'm now married too.

Edited by DaveNot
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Filed: Citizen (apr) Country: Taiwan
Timeline
1 minute ago, DaveNot said:

During my pending K1 129F application I visited the USA twice. I visited stayed 87 days and left, then returned for 89 days. This was using the VISA WAIVER, which isn't even a visa. Nobody questioned me.

I would not recommend anyone to stay that long.  That is exactly the kinds of "visits" which result in entry denial.  I think you were lucky.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

Registered Nurse- Retired- I practiced in the areas of Labor & Delivery, Home Health, Adolescent Psych, & Adult Psych.

IT Professional- Retired- Web Site Design, Hardware Maintenance, Compound Pharmacy Software Trainer, On-site go live support, Database Manager, App Designer.

______________________________________

August 7, 2022: Wife filed N-400 Online under 5 year rule.

November 10, 2022: Received "Interview is scheduled" letter.

December 12, 2022:  Received email from Dallas office informing me (spouse) to be there for combo interview.

December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

February 6, 2023: Wife's Passport Application submitted in Dallas, Texas.

March 21, 2023:   Wife's Passport Delivered!!!!

May 15, 2023 (about):  Naturalization Certificate returned from Passport agency!!

 

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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9 minutes ago, missileman said:

I would not recommend anyone to stay that long.  That is exactly the kinds of "visits" which result in entry denial.  I think you were lucky.

I agree with you. The point I'm making it isn't that bad. I remember being advised against at the time. They didn't question me much and even carried some documents with me for ties home and a pending app for my 129f

Edited by DaveNot
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Filed: AOS (pnd) Country: Poland
Timeline

Visited twice, had my employment contract and returning ticket but never was asked to show them.

Entered through JFK and MIA. Was stressed but had no problems. 1rst visit a month and next one 4 days. Good luck!

Edited by Marcelina
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  • 5 weeks later...
Filed: K-1 Visa Country: Brazil
Timeline
On 4/9/2018 at 2:40 PM, Sapphite said:

What we asked....

Hello, My fiancée, Leda and I have filed the I-129F petition for a fiancée Visa. The Petition is at the California Center and based on the timeline on the USCIS website, our petition will be reviewed in mid-September.
We are planning for Leda to visit me in July in California during her holiday from school in Rio de Janeiro where she is a teacher's assistant for the city.

 

We have three questions.

  • First, in addition to the notarized invitation to visit me in July (with the specific dates) and her round trip ticket what other documentation would you recommend she bring with her to prove "ties to home"?
  • Second, when the immigration officer asks her for the relationship between us, how should she respond?
  • Third, we understand that Atlanta may not be the "best" airport for her arrival in the States.
    (She has a B1/B2 Visa and has been to the US before.)
    Do you have any thoughts or recommendations on the airport she should fly into in July?

 

This is the response...

Well, unfortunately, she's going to have a problem at the port of entry. She is not supposed to visit when she has immigrant intent. I understand that you state that she will go home after her visit, but they just won't believe her.
One of three things can happen if she tries and is not able to convince them:

  1. They will allow her to withdraw her request to enter the U.S. and she can go home, no penalty.
  2. They will not allow her to withdraw her request to enter the U.S. and will order her excluded. This has a 5 year penalty that she cannot come back unless she gets a very hard to get waiver.
  3. They will not allow her to withdraw her request to enter the U.S. and they catch her in a lie and they exclude her with a permanent bar due to fraud and/or misrepresentation and with that charge she cannot come back unless she gets a very hard to get waiver.

So I wouldn't even try. Go visit her instead of her coming to visit you. I wish I had better news for you, but I am trying to keep her from getting in trouble and I hope you realize that.

 

Considering everything I have read on this forum, his response seems harsh and doesn't align with the experiences detailed here on the forum.

We would appreciate any guidance from people who have actually experienced the process.

 

In gratitude, Leda and Lani

 

I’m from Rio as well and I went to visit my fiancé last year with a tourist visa while our case was at USCIS. I didn’t have any problems. What I’ve heard is that is tough to get a tourist visa while you’re applying to K1, but I already had a tourist visa for years, so... 

Edited by dcarolina
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Filed: AOS (apr) Country: Canada
Timeline
On 4/9/2018 at 5:17 PM, Sapphite said:

Yes, she will have a round trip ticket.

Yes, she has a lease and she owns rental property.

Yes, she has a letter from the school where she works.

 

I truly thought we were prepared.. and then this attorney sent his response and scared the bejesus out of me.

Thank you for your reply and support, sumbunny.

You are as good as good can be.

 

DONT LIE.

 

Explain the ties, take back employment letter and return date, copies of leases/mortgages/ family ties/ etc., have a copy of your return ticket info, etc

 

People visit all the time on a K1

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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Filed: AOS (apr) Country: Canada
Timeline
Just now, payxibka said:

You don't visit on a K-1

Depending on where you're from you can.

 

Canada can. People do it all the time. My fiance is on his way down as we speak.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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Filed: AOS (apr) Country: Philippines
Timeline
Just now, debbiedoo said:

Depending on where you're from you can.

 

Canada can. People do it all the time. My fiance is on his way down as we speak.

You don't visit on a K-1 visa.  You might be able to visit while your I-129F petition is pending

YMMV

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On 09/04/2018 at 9:40 PM, Sapphite said:

What we asked....

Hello, My fiancée, Leda and I have filed the I-129F petition for a fiancée Visa. The Petition is at the California Center and based on the timeline on the USCIS website, our petition will be reviewed in mid-September.
We are planning for Leda to visit me in July in California during her holiday from school in Rio de Janeiro where she is a teacher's assistant for the city.

 

We have three questions.

  • First, in addition to the notarized invitation to visit me in July (with the specific dates) and her round trip ticket what other documentation would you recommend she bring with her to prove "ties to home"?
  • Second, when the immigration officer asks her for the relationship between us, how should she respond?
  • Third, we understand that Atlanta may not be the "best" airport for her arrival in the States.
    (She has a B1/B2 Visa and has been to the US before.)
    Do you have any thoughts or recommendations on the airport she should fly into in July?

 

This is the response...

Well, unfortunately, she's going to have a problem at the port of entry. She is not supposed to visit when she has immigrant intent. I understand that you state that she will go home after her visit, but they just won't believe her.
One of three things can happen if she tries and is not able to convince them:

  1. They will allow her to withdraw her request to enter the U.S. and she can go home, no penalty.
  2. They will not allow her to withdraw her request to enter the U.S. and will order her excluded. This has a 5 year penalty that she cannot come back unless she gets a very hard to get waiver.
  3. They will not allow her to withdraw her request to enter the U.S. and they catch her in a lie and they exclude her with a permanent bar due to fraud and/or misrepresentation and with that charge she cannot come back unless she gets a very hard to get waiver.

So I wouldn't even try. Go visit her instead of her coming to visit you. I wish I had better news for you, but I am trying to keep her from getting in trouble and I hope you realize that.

 

Considering everything I have read on this forum, his response seems harsh and doesn't align with the experiences detailed here on the forum.

We would appreciate any guidance from people who have actually experienced the process.

 

In gratitude, Leda and Lani

 

Hey! We have a similar timeline and I visited my fiancé in NYC 13th April for one week. I took a letter from my employer and a print out of my flight itinerary just Incase they want proof I have ties to home and plan to leave again etc. and they didn’t even mention anything about our application. Like other users have said people travel in and out all the time without any worries. Enjoy your time together in July :) 

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Filed: AOS (apr) Country: Canada
Timeline
4 hours ago, payxibka said:

You don't visit on a K-1

Forgive the misuse of letters and numbers.

 

pretty sure anyone with a rational brain knew perfectly well what I meant.

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

10/16/21 Received at PO Box

10/19/21 Received Text NOA1

10/23/21 Received Mailed NOA1

 

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Filed: Citizen (apr) Country: Sweden
Timeline
6 hours ago, payxibka said:

You don't visit on a K-1 visa.  You might be able to visit while your I-129F petition is pending

People still say K1 because it's easier. Everyone know what they mean anyway. 





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Filed: Citizen (apr) Country: Ecuador
Timeline
On 5/10/2018 at 4:27 PM, debbiedoo said:

pretty sure anyone with a rational brain knew perfectly well what I meant.

The K-1 visa is a one-use entry vehicle.

This is different from the waiting period while the I-129F petition is being processed.

Precise use of terminology in these forums is important, if not crucial, lest new members be confused or misled.

On 5/10/2018 at 6:44 PM, Unidentified said:

People still say K1 because it's easier.

And they're incorrect in doing so.

On 5/10/2018 at 6:44 PM, Unidentified said:

Everyone know what they mean anyway. 

No.

Edited by TBoneTX

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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