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Fiance is flying in tomorrow on tourist visa

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Filed: K-1 Visa Country: Thailand
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Hey guys,

 

My fiance is flying in from Thailand to LAX tomorrow. Have any of you had you significant other/fiance fly in on a tourist visa recently?

 

We are a bit nervous for immigration since she no longer has her job due to covid. 

 

Curious to hear thoughts on whether or not current k1 application is a pro or con for her. My thinking is that it is a pro because she can show her application and that she needs to be back for the interview.

 

Also - assuming they ask about work, she wants to look for a remote job (internationally based) at some point. Do you think we should not mention this? We are still figuring out a lot of things...

 

She worked for a big tech company in Thailand and was let go in a mutual type agreement (paid for several months) because they knew she was planning to leave once k1 goes through.

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Posted (edited)
1 hour ago, baze92 said:

Curious to hear thoughts on whether or not current k1 application is a pro or con for her. My thinking is that it is a pro because she can show her application and that she needs to be back for the interview.

Hmmm. They might think “she will visit, then go back home to await her K1, then come here and get married and adjust status” or they may think “she will circumvent the first part of that and just get married and adjust status now”. Unfortunately although the circumstances are totally understandable,  the fact that she doesn’t have a job to go back to doesn’t help the case.... in other words reasoning 2 above becomes “now that she has lost her job and her only real ties are in the US, she will probably just get married and adjust now”. So, anything she can bring as evidence to show that she will  return home after this visit is strongly encouraged.

 

And as above, she doesn’t need to volunteer any information that is not asked for, but she must answer any questions she is asked truthfully. 

Edited by SusieQQQ

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Whatever happens, whatever questions are asked, she must not lie. If she’s asked if she has a job/what her job is, she must be 100% honest if she has no job. 


 

 

 

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Filed: K-1 Visa Country: Thailand
Timeline
Posted (edited)

@SusieQQQ Yea good points. I was just thinking she could explain herself more to prove to them she is flying back home. She does have her return trip flight. What other things would you suggest?

 

@JFH Yes, she will be 100% honest. Just trying to figure out if it's best to include/not include certain things.
 

@geowrianThanks for the input! She visited for 3 weeks on tourist visa last August. Has not been here since. She has been to 22 countries and has a well stamped passport. She also worked at Disneyland Orlando 3 years ago through a international work program. Basically, she is telling them that she is coming to visit because Covid has kept us apart and delayed our k1 significantly. And she wants to celebrate my birthday in August. That is, if they ask.

Is there any last minute things she can do to provide additional support to having to fly back to Thailand (besides return flight)?

 

Also, have you ever heard of situations where they ask to speak to the persons significant other/fiance before allowing them through?

When do you think is an ok time to start looking for work? You think it's an issue even if the job is for a European or Thai company? That was our plan

Edited by baze92

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Countless people have arrived with a return flight booked and never used it. It’s something, but not enough. Absent a spouse and job, about the only other thing I guess is some kind of rental agreement she needs to honor. It’s obvious she doesn’t have any long term ties as she’s soon planning to move anyway.

 

48 minutes ago, baze92 said:

Also, have you ever heard of situations where they ask to speak to the persons significant other/fiance before allowing them through?

It has been reported occasionally, though it seems rare. Your answers also go on file if they do. 
 

 

51 minutes ago, baze92 said:

When do you think is an ok time to start looking for work? You think it's an issue even if the job is for a European or Thai company? That was our plan

Working remotely can be done from the US and doesn’t help the case for overcoming immigrant intent.
 

Remember that by law immigrant intent is assumed and its up to her to provide acceptable proof to overcome that assumption. 

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Filed: AOS (apr) Country: Philippines
Timeline
32 minutes ago, baze92 said:

She does have her return trip flight.

Nearly every person that overstayed or decided to AOS and entered by air had a return (or onward) flight. :P

 

32 minutes ago, baze92 said:

Thanks for the input! She visited for 3 weeks on tourist visa last August. Has not been here since. She has been to 22 countries and has a well stamped passport. She also worked at Disneyland Orlando 3 years ago through a international work program. Basically, she is telling them that she is coming to visit because Covid has kept us apart and delayed our k1 significantly. And she wants to celebrate my birthday in August. That is, if they ask.

That doesn't jump out as anything unusual to me, so that's good.

 

32 minutes ago, baze92 said:

Is there any last minute things she can do to provide additional support to having to fly back to Thailand (besides return flight)?

Nothing immediately jumps to mind, sorry. The usual suspects are job, school, family, property, etc.

I will just say don't have immigration documents on her used for AOS.

 

32 minutes ago, baze92 said:

Also, have you ever heard of situations where they ask to speak to the persons significant other/fiance before allowing them through?

I have heard of a case where CBP called an alien's US contact, exposing a lie. This case that I can recall offhand involved somebody who was planning to illegally work.

Assume they can call, but it is not common by any means.

 

32 minutes ago, baze92 said:

When do you think is an ok time to start looking for work? You think it's an issue even if the job is for a European or Thai company? That was our plan

No problem looking for work once in the US, IMO.

(Rethinking: since she's coming tomorrow, this probably was never an issue worth raising. Just don't work while within the US.)


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/16: sent

12/14/16: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Filed: AOS (apr) Country: New Zealand
Timeline
4 hours ago, baze92 said:

Also - assuming they ask about work, she wants to look for a remote job (internationally based) at some point. Do you think we should not mention this? We are still figuring out a lot of things...

You should be aware that she will not be allowed to work, even remotely, for the first 6-8 months after arriving on the K-1 visa.

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2 hours ago, SusieQQQ said:

There was also the case where the person’s SO confirmed her contention that she had no intent to stay. She did though, and at the adjustment interview the IO cited both parties lying to CBP and denied it. Reported in a recent thread.

Supports that intention is not determined only at the border, but can, in fact, be taken into consideration at later stages. Lying about it at POE can still come back and bite you.

Do you know what happened? Did they go to court, get removed...?


Tourist Visa Manila 2012 => Married Hawaii 2016 => Spousal Visa Manila DCF 2016 => POE 2016 => ROC Tampa 2019 => CITIZENSHIP Tampa 2020!!!  => Passport Requested 2020

 

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14 minutes ago, Suze1 said:

Supports that intention is not determined only at the border, but can, in fact, be taken into consideration at later stages. Lying about it at POE can still come back and bite you.

Do you know what happened? Did they go to court, get removed...?

There was a discussion about that. It seems that it was not the retroactive determination of intent that was the reason (case law has already established that alone cannot be reason for denial), but the misrepresentation that was the issue.  I don’t believe I saw what physically happened after. I’d be interested to know if the applicant got any kind of ban for the misrepresentation.  The bottom line is just don’t lie to CBP.

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Posted (edited)

Totally agree on the "don't lie". A really bad idea!

 

I can imagine the IO denying the case, based on their view that they had been lied to regarding something material, in this case intent.

And such a case could have been/become a matter for the court, where the IO denial might have very well been/be set aside, because of the marriage to the US citizen,  if intent was the only lie/issue/offense.

So, the IO denies, and an immigration judge sets the denial aside, and instructs immigration to process the AOS.

 

[

I imagine that it has to be lying about something "material", and, hence, if the material issue was the intent, then intent was, in fact, relevant/determinant post POE, even for a US spouse.

I imagine that lying about "anything" cannot be enough (not something "immaterial"), generally speaking.

]

 

(Chief Justice Roberts was a schoolmate. I can't wait to ask him next time I see him.)

Edited by Suze1

Tourist Visa Manila 2012 => Married Hawaii 2016 => Spousal Visa Manila DCF 2016 => POE 2016 => ROC Tampa 2019 => CITIZENSHIP Tampa 2020!!!  => Passport Requested 2020

 

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Filed: Citizen (pnd) Country: Haiti
Timeline
Posted (edited)
8 hours ago, baze92 said:

Hey guys,

 

My fiance is flying in from Thailand to LAX tomorrow. Have any of you had you significant other/fiance fly in on a tourist visa recently?

 

We are a bit nervous for immigration since she no longer has her job due to covid. 

 

Curious to hear thoughts on whether or not current k1 application is a pro or con for her. My thinking is that it is a pro because she can show her application and that she needs to be back for the interview.

 

Also - assuming they ask about work, she wants to look for a remote job (internationally based) at some point. Do you think we should not mention this? We are still figuring out a lot of things...

 

She worked for a big tech company in Thailand and was let go in a mutual type agreement (paid for several months) because they knew she was planning to leave once k1 goes through.

Scratch the whole job thing- she can’t work on a tourist visa so I’m not sure why you think it would be okay to do/say/search for.

 

They may question the length of the trip since she’s planning to be here until at least August- what if that coincides w her interview? (P.s that’s cool about the precious Disney job!)

 

Honesty is Always the best policy and she she doesn’t need to offer more than asked.

Edited by Luckycuds

Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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Filed: K-1 Visa Country: Malaysia
Timeline
Posted (edited)
9 hours ago, baze92 said:

Hey guys,

 

My fiance is flying in from Thailand to LAX tomorrow. Have any of you had you significant other/fiance fly in on a tourist visa recently?

 

We are a bit nervous for immigration since she no longer has her job due to covid. 

 

Curious to hear thoughts on whether or not current k1 application is a pro or con for her. My thinking is that it is a pro because she can show her application and that she needs to be back for the interview.

 

Also - assuming they ask about work, she wants to look for a remote job (internationally based) at some point. Do you think we should not mention this? We are still figuring out a lot of things...

 

She worked for a big tech company in Thailand and was let go in a mutual type agreement (paid for several months) because they knew she was planning to leave once k1 goes through.

Let us know if And she successfully gets in  the States.. I miss my fiancé too just waiting for the country to reopen :( And to be next to each other 😭

Edited by Rob & Amy

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