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Elyzara

Leaving and Re-Entering US on a cruise while K-1 visa is still pending?

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My family has a cruise planned for May of 2019 and we want my fiance to join. We booked this months and months ago before we got engaged. This is a Disney cruise from Port Canaveral that visits St. Thomas, US Virgin Islands; Tortola, British Virgin Islands; and Castaway Cay (Disney's private island in the Bahamas). What I'm not sure about is if my alien fiance will be able to essentially "leave the country" while at port and still be allowed back in the country at the end of the cruise. I'm not sure if cruises make a difference.


I know that there's a chance he might not be let in before the cruise, but we have solid evidence that he'll go back to his country (The Netherlands) afterward, so I'm not that worried about that. I also know that once the visa is granted, the beneficiary can only enter the country once and have to get married within 90 days. However, we don't expect the visa to be accepted before our vacation based on the average times between US-Netherlands couples, so this isn't the case with us (we can always extend our case before scheduling the interview anyways). I just want to know if anyone has any idea whether he'll be let back in while it's still pending?

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it is ALWAYS at the discretion of the border guard. as long as the K1 has not been approved, and the visa is not in his passport, then theres no reason for him not to travel on it. My fiance travels back and forth from canada every 3 weeks to the US while our K1 is pending and rarely gets more than a 'where you going and for how long'.

 

my sister and I took a cruise to mexico this year and a passport 9at least for USCC) wasn't even required. I took mine, cause I dont go ANYWHERE internationally without it, but she did not have hers (expired) and only took her ID and birth certificate. We had a great time in the different ports we went to. Customs and Border control was very different at the cruise line than from any airport ive been to. much more relaxed. zero questions. at least for us. It may be different for non citizens, i dont know.

 

 


5/7/2018 K1       Application mailed

5/9/2018             Application rec'd and signed for (sent via fedex)

5/14/2018          NOA1 Email notification

5/18/2018          NOA1 Paper copy rec'd (i797C)

11/5/2018          NOA2 ❤️ no RFE's

11/19/2018        NVC Received file

 

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14 minutes ago, debbiedoo said:

Customs and Border control was very different at the cruise line than from any airport ive been to. much more relaxed. zero questions. at least for us. It may be different for non citizens, i dont know.

It can be the same for non citizens; but "relaxed" customs can be less than ideal in certain cases:

 


Your Input Is Appreciated On This VJ Guide Proposal: 

 

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Moved from K1 Process & Procedures to Working & Traveling During US Immigration forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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