How long inbetween visits should he wait? Help please

[Exokify 0]

Hey!

First and foremost, thank you in advance for taking the time to help me.

My fiancee and I have planned to file in March for our fiancee visa. We were just talking the other day about him coming back to visit once more for 3 months [the maximum legal time he can stay] and THEN filing for the visa.

He is due to leave tomorrow back to England [where he is from]

He has been here for 3 months [90 days tomorrow]

My question is... how long does he have to stay out of America before being able to fly back and visit again just as a tourist for 3 more months?

ALSO...

More importantly... is this frowned upon when filing for the fiancee visa AND can it hurt him [be denied entry] when he tries to go through the port of entry AFTER obtaining said fiancee visa

We would love to see eachother for 3 more months during the summer before going through the process of filing for the fiancee visa. We have been together for 2 1/2 years already and hes been here 3 times and me to england once.

Thank you again everyone!

[cathy2904 97]

It's difficult to know because it's up to the IO you see on the day. When I first decided to come to the US my plan was to come for two or three months at a time - just to be sure it was what I really wanted. I came for 10 weeks between October and Christmas and then returned a month later for a second extended stay. I was asked the usual questions about why I was visiting and I answered them honestly. I was then taken into secondary processing and told that I was obviously not coming as a tourist and so they would let me in that time, but if I wanted to come again I would have to get a visa. At that point of course we hadn't started the process but we got married a few weeks later then filed the I-130 and I went home as planned to wait it out in the UK.

It wouldn't do any harm to your visa application but he could be denied entry.

Good luck.

Edited February 16, 2012 by cathy2904

[Penguin_ie 5,992]

Ideally, he should stay out of the US at least as long as he's been inside, so 3 months. That doesn't mean he'll definitely be denied if he comes back after a week, but chances are greater. He can still visit during the K1 process, and even if he does end up getting denied at the border, it won;t have a negative effect on the K1 unless he lies (like, says he doesn't have a fiancee or something).

[Exokify 0]

... At that point of course we hadn't started the process but we got married a few weeks later then filed the I-130 and I went home as planned to wait it out in the UK.

This is the part that confuses me... you got married in America and then returned to the UK without having to go through the Fiancee visa process??

Thank you for your reply

[Exokify 0]

Ideally, he should stay out of the US at least as long as he's been inside, so 3 months. That doesn't mean he'll definitely be denied if he comes back after a week, but chances are greater. He can still visit during the K1 process, and even if he does end up getting denied at the border, it won;t have a negative effect on the K1 unless he lies (like, says he doesn't have a fiancee or something).

I have read on here that there is a certain time he shouldnt visit... is that after the NOA2? Up until then he is okay to visit?

Basically... I'd love to know what are the exact things to NOT do so we can just follow those rules. It seems so iffy and confusing. I've been researching this stuff for 2 years now and I still feel scared to go forth with filing in fear of him being denied entry after going through the entire process.

[cathy2904 97]

This is the part that confuses me... you got married in America and then returned to the UK without having to go through the Fiancee visa process??

Thank you for your reply

We decided to do the spouse visa rather than fiancée because when we started out Trevor was not a USC and LPRs cannot petition for a fiancée. If we had decided to go the fiancé route then we would not have been able to file until the naturalization process was complete so we saved a few months at least. There are other advantages to the spouse visa as well, most significantly (in my opinion) is that you get a Green Card on entry and so can work straight away. There is lots of information on here comparing the two routes - I-129 or I-130.

If he does visit he should bring as much evidence as possible of his intention to return - letter from his employer, rent or mortgage agreement, return ticket etc

Edited February 16, 2012 by cathy2904

[Penguin_ie 5,992]

He can visit up to the day of the interview. He could, for example, time a visit with you to come back the day before his medical, do the interview, and be back within a month or so.

They will keep his passport after the interview and send it back with the visa in it, and as the K1 visa is single entry, he will need to stay in the USA then until you are married and have AOS'd, unless you want to start again.

[kittylondon 47]

I recently spent 90 days with my fiance, came home for 4 weeks, and then went back for another 90 days. I wasn't asked any questions when I re-entered, and i've made over 20 visits to see him over the last 2 years (although these were my first 3 month visits). Charlotte is one of the most relaxed POE's in my experience! I'm gonna leave it 3 months before i go back this time, and when I do it will be for less time, because (hopefully!) i'll need to be in the uk in order to progress with the visa! I'm also gonna try doing the Dublin thing - you can go through US immigration there, so if you get denied, you only have to fly back to London dejected from there, you don't get all the way over the ocean!