Petition for fiancé(e) visa !

[Antniaens 0]

Hello,

I'm a french photographer and we're thinking with my fiancé to do a fiancé(e) visa.
I've seen a part in the petition asking if the beneficiary is currently in the US. So, I wonder if we can fill the petition together while I'll be on holiday with him in USA. Or if it can be an issue for the process ?

I'd like to go back in July for 85 days, doing photography and spending times with him, friends and family before going back to France.
I'm a bit "scared" about the customs borders (as everybody I guess).

Thank you for your help and advices

[Daphne . 1,709]

It doesn't really matter where you are when you file the petition.

 

Regarding the visiting during the process, this in itself should not be an issue. However, you will need to be able to provide proof of strong ties to your home country upon entry. This is either a job, or kids etc. Having said that, being able to be outside of your home country for 85 days in 1 trip might come across as not having very strong ties to your home country and might be considered a risk. So this is definitely something that you have to keep in mind and you need to make very sure that you bring all the evidence of strong ties to your home country with you when you visit your fiance.

 

My visits to my husband were usually around 2 weeks per trip, simply because my employer (understandably) would not allow me to be away from work for 1-2-3 months.

 

Good luck on your immigration journey!

[Antniaens 0]

1 hour ago, Daphne K said:

Thank you for your answer Daphne !

But if I'm going on a trip in July and we wouldn't started the petition or any else papers ? I guess there are less risks?
If I bring with me my road trip plan during the 85 days and proofs I'm going back to France, would it be okay?
 

"Regarding the visiting during the process, this in itself should not be an issue. However, you will need to be able to provide proof of strong ties to your home country upon entry. This is either a job, or kids etc. Having said that, being able to be outside of your home country for 85 days in 1 trip might come across as not having very strong ties to your home country and might be considered a risk. So this is definitely something that you have to keep in mind and you need to make very sure that you bring all the evidence of strong ties to your home country with you when you visit your fiance."

 

 

 

 

[Roel 7,191]

You know you cant be doing any photography for money when you're in the US on Esta right? 

[Antniaens 0]

4 minutes ago, Roel said:

You know you cant be doing any photography for money when you're in the US on Esta right? 

Of course ! Just doing photography for my personal passion, not for selling anything  

[Daphne . 1,709]

15 minutes ago, Antniaens said:

 

Petition filed or not, in both cases you will have to prove strong ties to your home country. The filed petition itself would not necessarily make it harder.

 

Yes, you can bring the road trip plans but more importantly: make sure that you can prove your ties to your country and NEVER lie when you are asked for your reason to visit. (not suggesting that you will lie, but just wanted to point that out.. ). And as @Roel also stated, and you got covered: you are not allowed to work for money on your Esta..

 

Be prepared and have a fantastic time with your fiance! ❤️

 

[Antniaens 0]

Just now, Daphne K said:

Petition filed or not, in both cases you will have to prove strong ties to your home country. The filed petition itself would not necessarily make it harder.

 

Yes, you can bring the road trip plans but more importantly: make sure that you can prove your ties to your country and NEVER lie when you are asked for your reason to visit. (not suggesting that you will lie, but just wanted to point that out.. ). And as @Roel also stated, and you got covered: you are not allowed to work for money on your Esta..

 

Be prepared and have a fantastic time with your fiance! ❤️

 

So a letter from my boss, bills and that kind of papers?
Oh no, it was not my intention to lie, I'm just a bit confused about the process and trying to find some good advices to do the things well. I've seen some lawyers told people to do a full disclosure.

I came for the first time in April for three weeks and I passed the customs in 5 minutes. Yes I know I'm not allowed to work, I just want to take pictures for myself, discover new places.

 

Thank you so much for advices and answers ! ♥

[Boiler 43,790]

He can file the petition now.

 

US is the land of the 2 week holiday so be prepared to explain how you can take so much time off.