Traveling to US while RFE response pending

[metel77 0]

Hello, 

I applied for K-1 Visa in September 2021 and we got a RFE letter last December 2022, which we are gonna reply back to, in the next two weeks, before the deadline set for March 10, 2023. I haven't traveled to visit my American fiancee in her home country since we've filed the application, just to avoid problems with the CBP while the visa process pending. But right now, I am planning to go and see her at the end of March, because she is going through a serious family issue and she cannot really leave USA at the moment. 

Has anyone flown while waiting for RFE response? I am from Italy and I have a valid ESTA. Of course, I intend to bring with me evidence of strong ties at home and we already have an immigration attorney we hired for RFE consultation. Although my documentation (bank account, tax refund, family id's, job paycheck, etc.) is written in Italian, should I have them translated by a professional translator or is it not required? Anyone done this?

Thank you in advance for your attention.

[Crazy Cat 39,261]

3 minutes ago, metel77 said:

we already have an immigration attorney we hired for RFE consultation

Have you asked the attorney this question?  Yes, you should translate evidence for strong ties.

[metel77 0]

8 minutes ago, Crazy Cat said:

Have you asked the attorney this question?  Yes, you should translate evidence for strong ties.

Thank you for your answer Crazy Cat. No, I haven't asked my attorney yet, honestly I just thought about this yesterday; although I did ask her about the documentation but she didn't mention anything about getting English translation. Man, I don't know where to find a reliable translator here and most importantly, who can do the job in a month or so. I wish my own translation would be enough! 😄  But do you think I should be okay with CBP?

[Timona 3,941]

You can translate on your own. 

Or hire a translator oonline. There are many companies that offer online translation. Doesn't matter where they're located. 

[Verrou 1,899]

there's plenty online translate...just get their service

[metel77 0]

1 hour ago, Timona said:

You can translate on your own. 

Or hire a translator oonline. There are many companies that offer online translation. Doesn't matter where they're located. 

Thank you for the answer! I am able to translate on my own but do you think they find it legit? I know there are services, it is just personal info I do not like to give so easily. Also it is quite a lot of material = €€€ 😓

 

[SalishSea 16,774]

6 hours ago, metel77 said:

Hello, 

I applied for K-1 Visa in September 2021 and we got a RFE letter last December 2022, which we are gonna reply back to, in the next two weeks, before the deadline set for March 10, 2023. I haven't traveled to visit my American fiancee in her home country since we've filed the application, just to avoid problems with the CBP while the visa process pending. But right now, I am planning to go and see her at the end of March, because she is going through a serious family issue and she cannot really leave USA at the moment. 

Has anyone flown while waiting for RFE response? I am from Italy and I have a valid ESTA. Of course, I intend to bring with me evidence of strong ties at home and we already have an immigration attorney we hired for RFE consultation. Although my documentation (bank account, tax refund, family id's, job paycheck, etc.) is written in Italian, should I have them translated by a professional translator or is it not required? Anyone done this?

Thank you in advance for your attention.

Why are you delaying responding to the RFE?   You could have even had your visa by the time you’re wanting to travel, and then you wouldn’t have to worry about showing ties/not getting admitted. T CBP.

[metel77 0]

15 hours ago, Jorgedig said:

Why are you delaying responding to the RFE?   You could have even had your visa by the time you’re wanting to travel, and then you wouldn’t have to worry about showing ties/not getting admitted. T CBP.

Hey Jorgedig, thanks for the reply.

I have posted on another main thread about RFE, explaining the difficult situation. In short, we consulted an immigration attorney (and we could not get an appointment before end of January 2023) about some guidance, and she told us that we have slim chances of getting this application approved because they received the folder five days past our "2 years prior meeting requirement".

She told us not to waste too much time with the reply, we obviously still gonna send a response and also, she suggested, if possible, to meet my fiancee before the possible denial.

So no, I would prefer not to worry about not howing ties/not getting admitted as you said, but time is slipping away here, and patiently we have been waiting for 500+ days to get what, a ridiculous denial, when I have been in a relationship with my fiancee for many years.

We need to see each other anyway, whether we decide to file again or plan an alternative resolution, like getting married and filing directly for I-30,  which seems the best option according to our lawyer too.

A famous quote reads "if you are right, your world will be right" , I am gonna be prepared for whatever and honest with CBP, knowing I am on the right side. Wish me good luck :)

[SalishSea 16,774]

2 hours ago, metel77 said:

Hey Jorgedig, thanks for the reply.

I have posted on another main thread about RFE, explaining the difficult situation. In short, we consulted an immigration attorney (and we could not get an appointment before end of January 2023) about some guidance, and she told us that we have slim chances of getting this application approved because they received the folder five days past our "2 years prior meeting requirement".

She told us not to waste too much time with the reply, we obviously still gonna send a response and also, she suggested, if possible, to meet my fiancee before the possible denial.

So no, I would prefer not to worry about not howing ties/not getting admitted as you said, but time is slipping away here, and patiently we have been waiting for 500+ days to get what, a ridiculous denial, when I have been in a relationship with my fiancee for many years.

We need to see each other anyway, whether we decide to file again or plan an alternative resolution, like getting married and filing directly for I-30,  which seems the best option according to our lawyer too.

A famous quote reads "if you are right, your world will be right" , I am gonna be prepared for whatever and honest with CBP, knowing I am on the right side. Wish me good luck 

Oh, I see.   Yes, if the RFE is for not fulfilling the two year meeting requirement, then you will definitely not get a K-1 visa.

 

You can try your luck at traveling on the ESTA, but I agree that you need a plan B.