K-1 in process, here on B-2 for holidays

[max+patricia 24]

Hey all,

Hopefully someone out there can help address a question my fiancee and I have.

Long story short, my fiancee is here on a B-2 tourist visa and has been here for about two weeks. We planned her vacation here for the holidays to coincide with submitting her I-129F, hoping to minimize our time apart since we know it takes months for the K-1 to get sorted out. We sent off our I-129F packet about a week ago and are expecting NOA1 this week.

She has a 10 year tourist visa, multiple entry, and has been to the US more times than either of us could count (multiple passports stamped front to back since she was an infant). Her I-94 is good until June 2011, and her ticket to return is on January 25, 2011. Our question - if she were to stay here for an extra week or two, is there any possibility that staying longer could pose a problem either when she's leaving the US or after her K-1 is approved? One point to bring up - in our I-129F, Question 18, "explanation of how we met" I wrote that she is currently here and will be leaving on January 25, 2011 to wait for her K-1 approval in her home country.

I'm guessing that it wouldn't matter since the change would be within the date marked on her I-94 for required departure, but would appreciate any input before we consider changing flights.

Thanks in advance!

[Penguin_ie 5,993]

Her staying longer won't be a problem, unless she overstays. She can stay till June no problem. In the unlikely event that they ask about it at interview, just tell the truth- you decided after sending the petition that she should stay longer.

[max+patricia 24]

Her staying longer won't be a problem, unless she overstays. She can stay till June no problem. In the unlikely event that they ask about it at interview, just tell the truth- you decided after sending the petition that she should stay longer.

Pretty much what we thought (and were hoping for).

Thank you!

[feg 1]

When my fiance sent the I-129F I was in the U.S. and returned to my country after one and a half month without any problems. While your fiancee is within the given time she can stay if she want. The only problem would be if she stays longer than permitted.

Hope you have a great holidays!

[lucky & candy 0]

Hey all,

Hopefully someone out there can help address a question my fiancee and I have.

Long story short, my fiancee is here on a B-2 tourist visa and has been here for about two weeks. We planned her vacation here for the holidays to coincide with submitting her I-129F, hoping to minimize our time apart since we know it takes months for the K-1 to get sorted out. We sent off our I-129F packet about a week ago and are expecting NOA1 this week.

She has a 10 year tourist visa, multiple entry, and has been to the US more times than either of us could count (multiple passports stamped front to back since she was an infant). Her I-94 is good until June 2011, and her ticket to return is on January 25, 2011. Our question - if she were to stay here for an extra week or two, is there any possibility that staying longer could pose a problem either when she's leaving the US or after her K-1 is approved? One point to bring up - in our I-129F, Question 18, "explanation of how we met" I wrote that she is currently here and will be leaving on January 25, 2011 to wait for her K-1 approval in her home country.

I'm guessing that it wouldn't matter since the change would be within the date marked on her I-94 for required departure, but would appreciate any input before we consider changing flights.

Thanks in advance!

[lucky & candy 0]

Max and Patricia,

I have a question for you regarding this topic...we are getting ready to apply for a tourist visa for my fiance to come visit from Turkey in January or February, 2011. He will stay for 1-2 months. We are thinking of holding off and sending in our I129F when he is here to coincide with his visit as well, like you did. When Patricia enters the United States, is she asked if you are her boyfriend? I don't want my fiance to have any red flags when he arrives. I am afraid if they know I am his girlfriend, then they may think he is planning on staying here. He will be returning to his country after our visit to finish his last few months at his university and then he will graduate, so I am hoping they will trust that he is planning to return home. I am wondering if it is ok to be honest and say he is visiting his girlfriend or should we keep our relationship under wraps until the I129F is submitted?

Thank you.

[SunDrop 59]

Max and Patricia,

I have a question for you regarding this topic...we are getting ready to apply for a tourist visa for my fiance to come visit from Turkey in January or February, 2011. He will stay for 1-2 months. We are thinking of holding off and sending in our I129F when he is here to coincide with his visit as well, like you did. When Patricia enters the United States, is she asked if you are her boyfriend? I don't want my fiance to have any red flags when he arrives. I am afraid if they know I am his girlfriend, then they may think he is planning on staying here. He will be returning to his country after our visit to finish his last few months at his university and then he will graduate, so I am hoping they will trust that he is planning to return home. I am wondering if it is ok to be honest and say he is visiting his girlfriend or should we keep our relationship under wraps until the I129F is submitted?

Thank you.

Hi there

It's usually a good idea if you have a question that relates to your own circumstances to post a new thread, rather than 'piggy back' someone else's, if only because people who reply to threads often don't come back. They can see that they've replied from the forum overview, so you're potentially missing out on some good advice!

To answer your question, it's NEVER ok to lie to immigration. When asked the purpose of his visit, he's 'visiting his fiance during his official school break, and then going back to complete school and graduate in (xx month) next year.'

In my opinion, he would fare better if you submitted your I-129F and sent him a copy of the NOA1 to show the Immigration Officer at the Port of Entry (POE) that you are engaged, he's visiting you during your process and you know you need to go about immigrating in a formal manner.

He should also take some proof of enrollment in the final semester (receipt for fees, class timetable) and details of his graduation ceremony (invitation, evidence of gown/cap rental).

You don't want a situation at any point where you're asked, 'so when did you guys get engaged' and the answer is a truthful 'xx month 2010', only to find it's followed up by, 'When you came to the US on your B-2 in January 2011, you said you were visiting a friend, and listed your fiancee's address. Weren't you guys already engaged then?' And hey presto, you misrepresented yourself to immigration...

[lucky & candy 0]

Thank you for your thoughts on both posting the new thread, and on being honest with answers to immigration, which I would much prefer to do. As I am just beginning this journey, I am sure to have more questions along the way.

[max+patricia 24]

Max and Patricia,

I have a question for you regarding this topic...we are getting ready to apply for a tourist visa for my fiance to come visit from Turkey in January or February, 2011. He will stay for 1-2 months. We are thinking of holding off and sending in our I129F when he is here to coincide with his visit as well, like you did. When Patricia enters the United States, is she asked if you are her boyfriend? I don't want my fiance to have any red flags when he arrives. I am afraid if they know I am his girlfriend, then they may think he is planning on staying here. He will be returning to his country after our visit to finish his last few months at his university and then he will graduate, so I am hoping they will trust that he is planning to return home. I am wondering if it is ok to be honest and say he is visiting his girlfriend or should we keep our relationship under wraps until the I129F is submitted?

Thank you.

We were also a bit worried about that considering we were already engaged when she came back a few weeks ago. However, to follow up with what SunDrop said, I'd discourage lying to any immigration officers. Besides potentially frying yourself later down the road, it's generally just not necessary. Patricia was asked who she was going to see and she said something along the lines of "family and friends" - which is absolutely true. She had proof of return airfare (generally weak proof from what I gather as "ties to your home country") but more than that, she had all of her old passports with her, just in case. Seeing as she has been to the US probably 200 or more times in her life and never overstayed a visa at any point, this probably speaks louder for her case to an immigration officer than any other documentation would - showing that she is likely zero liability to overstay her current visa, based on her past history. I don't know your particular situation, but if your fiance has been to the US only a handful of times (or not at all) I imagine that you'll need VERY substantial proof of ties to a home country.

[lucky & candy 0]

We were also a bit worried about that considering we were already engaged when she came back a few weeks ago. However, to follow up with what SunDrop said, I'd discourage lying to any immigration officers. Besides potentially frying yourself later down the road, it's generally just not necessary. Patricia was asked who she was going to see and she said something along the lines of "family and friends" - which is absolutely true. She had proof of return airfare (generally weak proof from what I gather as "ties to your home country") but more than that, she had all of her old passports with her, just in case. Seeing as she has been to the US probably 200 or more times in her life and never overstayed a visa at any point, this probably speaks louder for her case to an immigration officer than any other documentation would - showing that she is likely zero liability to overstay her current visa, based on her past history. I don't know your particular situation, but if your fiance has been to the US only a handful of times (or not at all) I imagine that you'll need VERY substantial proof of ties to a home country.

Thank you for your thoughts...he has been here once on a J1 visa (work/study program) this summer. His family is in Turkey, but he is a student and does not own a home or have a bank account. I know this is not good. I am just hoping that by proving he only has one more semester of school to attend when he returns from his trip and then he will graduate with his degree, that they will let him through. He is calling tomorrow to schedule his interview. I am very nervous. I will be sure to explain to him to not lie about anything...maybe not offer up big details unless asked, but to be honest. Thank you!