Visiting the U.S. while the case is pending at USCIS

[Nao 0]

Hello. Thank you for your time to look into my question.

We are an October 2007 filers who are still waiting for NOA 2 at CSC.

When my fiancee called CSC today, we were informed that we got a RFE after 6 and half months of wait at CSC.... Damit....

It seems like an endless process. We are tired of it. This is a total nightmare.

But, we will stop complaining cuz it won't make our situation any better....

Anyway, since I pursued my BA degree in California., I have some really good friends in the U.S.

On August 9th, one of my best friends is having a wedding ceremony and I am asked to be her bridesmaid.

Well, I was waiting to see whether I can obtain K1 visa and move back to the U.S. before her wedding. However, since we received a RFE (We have not received an actual letter yet...), we think it is rarely possible for me to move back to the U.S. on K1 visa before her wedding date.

So, I am thinking about visiting the U.S. for about a month to see my fiancee, to prepare for my best friend's wedding and ,of course, to attend her wedding ceremony as a bridesmaid.

Here is my question:

Is it possible to visit the U.S. on visa waiver program while our case is pending at CSC(USCIS)? (I am Japanese, so we usually can visit the U.S. for three months without a visa.) Did anyone have a trouble getting into the U.S? Did anyone have an experience of being rejected at the entry? Also, is it a better idea to apply for a visitor's visa? Are there any documents which I should bring with me to show that I intend to return back home after the visit upon entering the U.S.? Please let me know your experience. Any sugesstion are also greatly appreciated.

Also, do anyone know whether there are certain period of time during that I have to apply for an interview at Embassy after I receive packet 3? I am afraid whether I will receive packet3 while I am in the U.S. and there is an experation date on the application ...

Thank you so much for your time and considertaion.

I hope good luck to all of you

Take care

Nao

[Sylvia_n_Joseph 3]

There is nothing stopping you from coming. If asked questions never lie about things. Bring proof that you MUST return home. A lease agreement , a letter from your employer , your return ticket. There is a chance if you get a grumpy inspector at your point of entry you might get turned back. Bring prrof that you are in the wedding party also to show how important it is for you to come here.

[wifetobe 2]

There is nothing stopping you from coming. If asked questions never lie about things. Bring proof that you MUST return home. A lease agreement , a letter from your employer , your return ticket. There is a chance if you get a grumpy inspector at your point of entry you might get turned back. Bring prrof that you are in the wedding party also to show how important it is for you to come here.

I agree with Sylvia. Be sure to bring with you proof of ties to your country and provide them with details of a wedding invitation as such and provide them with your return itinerary and lease/rental agreement of residence. It's better to charge them with plenty of evidence showing your intentions of returning back home. You can stay for up to 90 days on a tourist visa yes, though if you received your NOA2 tomorrow you would need to consider that an interview may be set shortly afterwards and you'd need to prepare for that.. Not meaning to discourage you but you may also experience a disgruntled CO so have no expectations. The very best of luck with your NOA2 to come, CSC are not the greatest

[Nao 0]

There is nothing stopping you from coming. If asked questions never lie about things. Bring proof that you MUST return home. A lease agreement , a letter from your employer , your return ticket. There is a chance if you get a grumpy inspector at your point of entry you might get turned back. Bring prrof that you are in the wedding party also to show how important it is for you to come here.

I agree with Sylvia. Be sure to bring with you proof of ties to your country and provide them with details of a wedding invitation as such and provide them with your return itinerary and lease/rental agreement of residence. It's better to charge them with plenty of evidence showing your intentions of returning back home. You can stay for up to 90 days on a tourist visa yes, though if you received your NOA2 tomorrow you would need to consider that an interview may be set shortly afterwards and you'd need to prepare for that.. Not meaning to discourage you but you may also experience a disgruntled CO so have no expectations. The very best of luck with your NOA2 to come, CSC are not the greatest

Hello Sylvia_n_Joseph and wifetobe.

Thank you so much for your opinions and I am very sorry that my reply was late.

I think I will tell my fiancee your suggestions and discuss what is the best option for us.

The problem is that I live with my parents....so there is no rental agreement.... I also do not have any rental or lease aggreement other than cellphone service aggreement which I do not can prove anything....

I have a job, but if I am going to the U.S., I will quit the job. Well, I won't be working there much longer anyway if I will receive visa in a few months after that. I also need time preparing documents and having medical exam done before the interview. Then, I cannot get a letter from my employer..... So, I basically do not have anything which can prove that I MUST return home..... Oooops...

I agree with you on that it may be around the time for me to receive a packet from the Embassy.

Mmmm. I will discuss it with my fiancee.

Thank you so much for your sugesstions and opinions.

We always appreciate your support. Without them, we could be completely lost in this processing delay(by the way, we got RFE after we became outside of the normal processing time. How could they do this to us... Oh well...), RFE and this total nightmare.... The reason we can stay positive even in this horrible situation is that we know that we can always get support from other VJ members.

We really really appreciate your support.

Thank you so much.

Nao

[wifetobe 2]

Hello Sylvia_n_Joseph and wifetobe.

Thank you so much for your opinions and I am very sorry that my reply was late.

I think I will tell my fiancee your suggestions and discuss what is the best option for us.

The problem is that I live with my parents....so there is no rental agreement.... I also do not have any rental or lease aggreement other than cellphone service aggreement which I do not can prove anything....

I have a job, but if I am going to the U.S., I will quit the job. Well, I won't be working there much longer anyway if I will receive visa in a few months after that. I also need time preparing documents and having medical exam done before the interview. Then, I cannot get a letter from my employer..... So, I basically do not have anything which can prove that I MUST return home..... Oooops...

I agree with you on that it may be around the time for me to receive a packet from the Embassy.

Mmmm. I will discuss it with my fiancee.

Thank you so much for your sugesstions and opinions.

We always appreciate your support. Without them, we could be completely lost in this processing delay(by the way, we got RFE after we became outside of the normal processing time. How could they do this to us... Oh well...), RFE and this total nightmare.... The reason we can stay positive even in this horrible situation is that we know that we can always get support from other VJ members.

We really really appreciate your support.

Thank you so much.

Nao

Nao I'm really sorry to hear CSC had the nerve to send you an RFE "outside" the normal processing time, what bastards. Do you know what the RFE was for? Probably something really stupid and minor.

With visiting the US for your friend's wedding you can risk it for a biscuit because you might be lucky to get a nice CO and not ask you any questions at all. Mmmm if you haven't got the evidence to back up your return it might be tricky. How about bank statements? That shows you haven't closed the account... I really can't think of anything else. The worse that could happen is them denying you entry into the US but it would not affect your K1 that's the good news. I wish you the best of speedy approvals and if you decide to visit the US just go for it with big smiles, don't be worried about being denied, just go for it and have a great time.

[Krikit 1,164]

Bring a copy of your K-1 visa petition and approval to show you are doing things legally if they start asking questions. Bring any correspondence proving you are a bridesmaid for the wedding. Also have a look at the Visitation FAQ's. Good luck and have a great visit!

[msu17 0]

The officers at POE might not even ask you for any evidence. It is really up to the immigration official. If you have the money, you can always try. The worst that will happen is you will not get in and have to pay for a return ticket. There is a period of validity on the approved I-129f (3 months??? Can't remember), but this can be extended through the consulate. Let's all hope that you get approved soon and interview and get here by August though!

[Krikit 1,164]

The officers at POE might not even ask you for any evidence. It is really up to the immigration official. If you have the money, you can always try. The worst that will happen is you will not get in and have to pay for a return ticket. There is a period of validity on the approved I-129f (3 months??? Can't remember), but this can be extended through the consulate. Let's all hope that you get approved soon and interview and get here by August though!

The expiry date on the I-129F is automatically extended by the consulate/embassy on active cases. There is nothing the petitioner need do. (It's 4 months, btw.)