Fiance visa waiver

[dalmatino 0]

Dear all,

I am searching for certain information and was hoping someone here can help me.

I am thinking of traveling to USA on my fiance visa to meet with my fiance but I don`t have all things solved in my home country so I will need to get back before we get the chance to get married. I just want to spend time with her now. So then I would be applying for another fiance visa right away after I am back to my home country. The question is - will government make me any problems about that. I have read somewhere that waiver is needed if you apply for 2nd fiance visa within two years. So was wondering if anybody here had experience - is that waiver hard to get?

Thanks for your help.

Best regards,

Dario

[YuAndDan 153]

The fiancee visa is a single entry visa, if you leave the USA after it is used, you MAY be able to get it re-issued by consulate, however, the consulate will set the K-1 to expire the same date of the I-94 from first entry, and POE will issue the 2nd I-94 that expires the same date that the first I-94.

Again this is up to the consulate, and you MUST have a good reason to have it re-issued.

[pushbrk 12,824]

Dear all,

I am searching for certain information and was hoping someone here can help me.

I am thinking of traveling to USA on my fiance visa to meet with my fiance but I don`t have all things solved in my home country so I will need to get back before we get the chance to get married. I just want to spend time with her now. So then I would be applying for another fiance visa right away after I am back to my home country. The question is - will government make me any problems about that. I have read somewhere that waiver is needed if you apply for 2nd fiance visa within two years. So was wondering if anybody here had experience - is that waiver hard to get?

Thanks for your help.

Best regards,

Dario

This is a bad plan. It could work but you would wait as long for the second visa as for the first. Your plan is a misuse of the fiance visa. It is not issued for a "visit".

[Stinky Monkey 1]

Have you actually got your Visa, your time line shows that you received your NOA2 in 2006, if you have your visa is it still valid....

[YuAndDan 153]

Have you actually got your Visa, your time line shows that you received your NOA2 in 2006, if you have your visa is it still valid....

Very good point.

http://www.visajourney.com/timeline/profile.php?id=20167

[payxibka 10,045]

Have you actually got your Visa, your time line shows that you received your NOA2 in 2006, if you have your visa is it still valid....

It would be unusual for a 2006 NOA2 and or visa issued as a result of a two + year old approved petition to still be valid ....

Edited December 10, 2008 by payxibka

[dalmatino 0]

I actually have valid fiance visa. First petition didn`t work out. What I am asking is weather a waiver would work out if I visit on this visa, but we don`t use it? Because, as I said - I have to come back to my home country, and if we get married, I won`t be able to do that for 2 years.

Have you actually got your Visa, your time line shows that you received your NOA2 in 2006, if you have your visa is it still valid....

It would be unusual for a 2006 NOA2 and or visa issued as a result of a two + year old approved petition to still be valid ....

[pushbrk 12,824]

I actually have valid fiance visa. First petition didn`t work out. What I am asking is weather a waiver would work out if I visit on this visa, but we don`t use it? Because, as I said - I have to come back to my home country, and if we get married, I won`t be able to do that for 2 years.

Have you actually got your Visa, your time line shows that you received your NOA2 in 2006, if you have your visa is it still valid....

It would be unusual for a 2006 NOA2 and or visa issued as a result of a two + year old approved petition to still be valid ....

You're all mixed up. If you come to the USA you WILL "use" the K1 visa whether you marry or not. If you marry, you can immediately file for both adjustment of status to Legal Permanent Resident and for advance parole (which allows you to leave and re-enter the US until the green card is in hand) Even the conditional two-year green card allows you to come and go as you please as long as you don't stay gone for to long. (Usually up to a year but possibly only six months)

Edited December 10, 2008 by pushbrk

[YuAndDan 153]

I actually have valid fiance visa. First petition didn`t work out. What I am asking is weather a waiver would work out if I visit on this visa, but we don`t use it? Because, as I said - I have to come back to my home country, and if we get married, I won`t be able to do that for 2 years.

Have you actually got your Visa, your time line shows that you received your NOA2 in 2006, if you have your visa is it still valid....

It would be unusual for a 2006 NOA2 and or visa issued as a result of a two + year old approved petition to still be valid ....

Why would you not be able to return home for 2 years???

Marry, file to adjust status, and file for AP (I-131) with AOS. Typically it takes less than 90 days to get AP, you can then use AP to take care of things back home.

[dalmatino 0]

I have been told at embassy that it is over a year long process before I can travel back to my home country.

I actually have valid fiance visa. First petition didn`t work out. What I am asking is weather a waiver would work out if I visit on this visa, but we don`t use it? Because, as I said - I have to come back to my home country, and if we get married, I won`t be able to do that for 2 years.

Have you actually got your Visa, your time line shows that you received your NOA2 in 2006, if you have your visa is it still valid....

It would be unusual for a 2006 NOA2 and or visa issued as a result of a two + year old approved petition to still be valid ....

Why would you not be able to return home for 2 years???

Marry, file to adjust status, and file for AP (I-131) with AOS. Typically it takes less than 90 days to get AP, you can then use AP to take care of things back home.

[KimandRuss 0]

After you arrive on your K-1, you will have 90 days in which to marry. Once you are married you apply for AOS (adjustment of status). With AOS you may also apply for AP (travel) and EAD (work) ...both are included in the price of AOS. Once you receive AP you are able to travel....and re-enter. Normally that is only a matter of 2-3 months from the time you apply.

The K-1 is a one time entry visa. If you use it to enter and then leave without AP/GC you will need to start the process all over again for another visa. Yes, you can just petition again but then you're looking at another long wait and another interview in which, depending on the Embassy, your relationship may be scrutinized even further before issuing another visa.

[YuAndDan 153]

I have been told at embassy that it is over a year long process before I can travel back to my home country.

You were misinformed. It may take a year or so to get a green-card after marriage. But you can apply for AP which is an interim-benefit that allows travel while the green-card is pending approval.

[payxibka 10,045]

I have been told at embassy that it is over a year long process before I can travel back to my home country.

My wife arrived 5.27.07 and had her greencard on 11.22.07.... This does not even consider the available interim benefit of AP which can arrive within 90 days of application.... The embassy told you wrong....

[KimandRuss 0]

If there's one thing this process has taught me, it's to ask the question two...then three times... even when those you are asking are suppose to know.

It's sad, but true, your best resource is probably right here.

good luck in whatever you decide.

[pushbrk 12,824]

I have been told at embassy that it is over a year long process before I can travel back to my home country.

US Embassy staff (Part of the US Department of State) has no responsibility in issue of you returning home to your country and then being re-admitted to the USA. That's in the hands of USCIS, and Customs and Border Patrol, parts of the US Department of Homeland Security.

The Embassy Staff misinformed you. You may even apply for emergency Advance Parole and return to your homeland within days of your marriage in the USA.

How soon after your arrival in the US would you need to return home and for how long?