Jump to content
cruciverbalista

Filing petition during visit?

9 posts in this topic

Recommended Posts

Hi everyone! 

 

My fiance is coming to the States with me in February to meet all my friends and family. We've been living together abroad for over a year. I'd like to start the K1 process ASAP and was planning to file the I-129 after we arrive in the US, so he doesn't get held up at customs with a pending application. 

 

However, we'll be flying between California and Louisiana during this trip. Will the visa application cause flags at domestic customs? Should I wait until we're done flying domestic to mail over my petition? Are there some other issues I haven't considered here yet? Or am I just getting paranoid about nothing?

Share this post


Link to post
Share on other sites

Have you considered getting married in the US before she returns to her country.  Then she will have her Green Card in about a year later.........She would be allowed to visit during the process.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.


"What I am to be, I am now becoming" - Ben Franklin         

 

      :idea:MSC (National Benefits Center) I-751 filers- Please add your data :idea:                          https://docs.google.com/spreadsheets/d/1Id1duRRByZHJmhEzl9N25GqwzcnUyLCR4e4N9W6zGLg/edit#gid=0

 

Retired 20 year US Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
  • I751 mailed to Dallas PO Box: 3/28/2019
  • I-797 extension letter  for ROC dated 4/2/2019  MSCxxxxxxxxxx received: 4/6/2019
  • Biometrics apt received for 4/25/2019: on 4/12/2019
 

Share this post


Link to post
Share on other sites
1 hour ago, cruciverbalista said:

Hi everyone! 

 

My fiance is coming to the States with me in February to meet all my friends and family. We've been living together abroad for over a year. I'd like to start the K1 process ASAP and was planning to file the I-129 after we arrive in the US, so he doesn't get held up at customs with a pending application. 

 

However, we'll be flying between California and Louisiana during this trip. Will the visa application cause flags at domestic customs? Should I wait until we're done flying domestic to mail over my petition? Are there some other issues I haven't considered here yet? Or am I just getting paranoid about nothing?

To answer the question... 

I assumed he have tourist visa already? 

Based from my experience, ... We filed k1 29aug2018, i flew (ben) to usa for the 2nd time on sep2018.. 

 

They just asked me when was the last time i left usa, what is my job and where do i live.. 


(L)Our Timeline(L)

2015 Nov 03 - met online app (Skout)

2016 Jan 18 - became couple officially

2017 Sep 15 - met for the first time in person (Singapore to USA - 2 weeks)

2018 Feb 03 - met for the 2nd time (USA to Singapore - 2 weeks)

2018 Feb 08 - got engaged 

2018 Sep 01 - met for the 3rd time (Singapore to USA - 2 weeks)

2019 May 31 - 4th meeting :goofy:

----------------------------------------------------------------------------------------------------------

K1 Visa Timeline:

2018 Aug 22 - I129f sent (DIY)

2018 Aug 29 - NOA1

          worries before approval:

          1) submitted 1 statement/letter of intent both signed by the pet/ben

          2) petitioner's accidentally/stupidly committed DWI after i129f submission

2019 Jan 16 - NOA2 (140 days from Noa1 - No RFE)

2019 Feb 06 - case received by NVC (21 days from Noa2)

2019 Feb 08 - case number received

2019 Feb 19 - left NVC

2019 Feb 25 - case received by SG consulate

2019 Feb 28 - Packet 3 received

2019 Mar 04 - Packet 3 sent back to SG consulate

2019 Mar 07 - Packet 4 received (interview schedule)

2019 Mar 12 - Medical (additional vaccine on 19 Mar)

2019 Mar 27 - Interview (221g, medical results pending)

2019 Mar 27 - Administrative Processing

2019 Mar 27 - Clinic sent medical results to Embassy

2019 Mar 28 - Administrative Processing

2019 Mar 29 - Application Received

2019 Apr 01 - Issued

2019 Apr 04 - VOH

Share this post


Link to post
Share on other sites
3 hours ago, cruciverbalista said:

Hi everyone! 

 

My fiance is coming to the States with me in February to meet all my friends and family. We've been living together abroad for over a year. I'd like to start the K1 process ASAP and was planning to file the I-129 after we arrive in the US, so he doesn't get held up at customs with a pending application. 

 

However, we'll be flying between California and Louisiana during this trip. Will the visa application cause flags at domestic customs? Should I wait until we're done flying domestic to mail over my petition? Are there some other issues I haven't considered here yet? Or am I just getting paranoid about nothing?

 

Maybe slightly paranoid. People with pending petitions fly internationally to visit all the time with no issues. I don't think the immigration people at the airport see who has pending applications. At least that's what I was told 3 times when I asked directly while going through the immigration line. They might know if the traveller told them previously and they typed in a note...American fiancé.

 

California to Louisiana-- get on the plane, get off the plane with no interaction with CBP. It's not an international flight.

 

If you (American) currently live in the UK, there is a much quicker option to get through the visa process. Please comment where you live if you need more information on that process.

Share this post


Link to post
Share on other sites
25 minutes ago, Wuozopo said:

 

Maybe slightly paranoid. People with pending petitions fly internationally to visit all the time with no issues. I don't think the immigration people at the airport see who has pending applications. At least that's what I was told 3 times when I asked directly while going through the immigration line. They might know if the traveller told them previously and they typed in a note...American fiancé.

 

California to Louisiana-- get on the plane, get off the plane with no interaction with CBP. It's not an international flight.

 

If you (American) currently live in the UK, there is a much quicker option to get through the visa process. Please comment where you live if you need more information on that process.

I don't exactly live in the UK-- I'm here on a tourist visa (we met in a third country altogether) but we're in Gloucestershire for the moment. Definitely interested in other options! 

Share this post


Link to post
Share on other sites
3 hours ago, cruciverbalista said:

Hi everyone! 

 

My fiance is coming to the States with me in February to meet all my friends and family. We've been living together abroad for over a year. I'd like to start the K1 process ASAP and was planning to file the I-129 after we arrive in the US, so he doesn't get held up at customs with a pending application. 

 

However, we'll be flying between California and Louisiana during this trip. Will the visa application cause flags at domestic customs? Should I wait until we're done flying domestic to mail over my petition? Are there some other issues I haven't considered here yet? Or am I just getting paranoid about nothing?

You can travel while you have a pending application. I visited my now husband 3 or 4 times while our K1 was pending. I did always bring documents with me to show ties to home (rental agreement, proof of job etc) just to make sure I could proof that I wasn't intending to stay, but they never asked for it. 

Share this post


Link to post
Share on other sites
53 minutes ago, cruciverbalista said:

I don't exactly live in the UK-- I'm here on a tourist visa (we met in a third country altogether) but we're in Gloucestershire for the moment. Definitely interested in other options! 

You have to be there as a resident, not on a tourist visa. Consular filing won't work for you.

Share this post


Link to post
Share on other sites

My husband (then fiance) and I submitted our I-129F petition while he was visiting me here.  He later visited on his B-2 with no problems whatsoever, and in fact he was here when we received NOA2.  Always be completely honest at the POE.

 

In retrospect, we might have also considered the spousal visa, from the perspective of him being able to work right away, as both visa types are taking approximately the same amount of time.  We were hoping for March for him to receive AP/EAD, but now it is looking more like April.  

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...