Too confused!! Please help with fiance advice!!

[MickyD 0]

I know with the visitor's visa I'm only allowed to stay in the US for 6 months out of the year. Is there a way for me to stay for the 6 months, go home for a week or two, then go back to the US for another 6 months?

One of our very active members Kim could help you with this. She and her fiance did basically what you are saying. Eventually he was denied entry so they have had a very long time apart because he wasn't allowed to come back to visit at all. I think you would be safer to space out your tourist visits with plenty of time in your home country so at least you could continue to see each other in the US. And waiting for his citizenship before he applies would allow you to come as a fiance (K1) or a spouse (K3) and then be in the US while the papers for the green card are being processed.

agree

Hey Hotlegz!! Are you enjoying all the gold medals??!! Exciting, eh?

[SupportOAFJF 0]

HEY GIRLIE...YES I AM....yeah JA

comeova to di yardie thread and join in di chat..

here's a link to the yardie thread

YRADIE THREAD

JUST CLICK AND COME ON IN !!

[KimandRuss 0]

I know with the visitor's visa I'm only allowed to stay in the US for 6 months out of the year. Is there a way for me to stay for the 6 months, go home for a week or two, then go back to the US for another 6 months?

One of our very active members Kim could help you with this. She and her fiance did basically what you are saying. Eventually he was denied entry so they have had a very long time apart because he wasn't allowed to come back to visit at all. I think you would be safer to space out your tourist visits with plenty of time in your home country so at least you could continue to see each other in the US. And waiting for his citizenship before he applies would allow you to come as a fiance (K1) or a spouse (K3) and then be in the US while the papers for the green card are being processed.

A little birdy told me someone was talking about me over here.

Even with a valid visa the immigration officer at POE will determine the length of your stay. If you have a ticket for a 6 month stay, they will definitely ask you WHAT you will be doing on vacation for so long. They will evaluate your answer and weigh it against any other info on their system about you, including any prior visiting history. So, your chances of leaving and coming back in are slim to none.

Rather than trying to explain it..here is our timeline....

1998 - Jan - Met online

2003 - May - Russell's first Visit to US

2006 - April - Kim 2 weeks in Australia with Russell

Russell 2 weeks in US

(vacation with kids Niagra Falls & NYC)

First trip back in 3 years...only staying 2 weeks.... "welcome to America"

2006 - June - Kim & kids 6 weeks in Australia with Russell

2006 - Aug - All travel to NZ for 2 weeks

2006 - Aug - Kim, Russell & kids fly to US

he left his job (great job), his home, his life so we could spend time together as we waited out my long divorce. We even told the lady checking us in and she took our email address to try and help us find a way for him to stay in America with me. In hindsight..a bad move.

2006 - Nov - Russell home to NZ (90 days up)

2006 - Dec - Russell back to US (luck)

Happy New Year! Lucky there is no questions about having just been in the Country for 3 months.

2007 - March - Kim & Russell to London, England for 3 days

Back to US together

For this trip I had broke my ankle and, because the airport was so big, they pushed me through immigration/customs and all checkpoints in a wheelchair. I think that probably helped. TG for small miracles.

2007 - June - Kim & Russell to Reykjavik, Iceland for 3 days

Back to US together

The immigration officer did not want to let us through. I saw him looking through all of Russell's stamps, shaking his head and asking more questions so I basically 'shmoosed' our way out of it. Again...very lucky.

2007 - Sept - Russell to Dublin, Ireland from Boston

Denied entry to US in Dublin

Russell back to NZ

What's that? You've been in the Country for the past year living with your longtime girlfriend as she awaits her divorce. Yeah, 'sorry wodga' you can't come back in...intent to immigrate. He was taken into a seperate room and questioned...treated very nicely btw..none of this handcuff and jail for a night bs that goes on sometimes. In any case his VWP priveledges were taken away. We were heartbroken. This is when he got his A# tho. Yeah...we can laugh now that it's almost over.

2008 - Jan - Kim & mom to NZ for 3 week visit with Russell's

family

April 14th...divorce finally final!!!

April 15th...allowed to pick up the decree absolute...made a copy and put it in with our petition and overnighted to VSC.

So, three weeks in the past year i've been with my love after quite a long time of living together. (NZ isn't really the kinda place you pop over to for a few days...it's $2,000+ r/t and 20+ hours of flight time) Yes, we took advantage of the visitor's visa and have no regrets in doing so as we have had the opportunity to live together and start our lives BUT we were VERY lucky to have the time we did.

I understand your wanting to be together as well as anyone but it's very unlikely you will be able to stay together as you await your visa. There is a chance, if you even get a visa, that they would let you stay for 6 months but even that is going to be a hard one to explain me thinks. Perhaps a shorter stay with a request for an extension when the time comes.

If you are denied entry for fear of intent to immigrate, and there are no other circumstances, then you are usually allowed to withdraw your petition for entry and it has no adverse affect on your K1.

I found these good folks at VJ ages ago but when Russell was denied entry I came back, joined, and made my first post asking for help or a way for us to be together asap. Believe me when I tell you that I explored every option. Short of moving there to NZ and staying on a valid visa with my kids for 6 months and then marrying and filing for DCF... there is no other way.

The wait...the time apart... is very hard, I know. But these are just the cards we're dealt because of the times we live in. Now that we're headed into the homestretch I can tell you that, even tho I nearly lost my mind at times, it was worth every single second of heartache to get him here legally and for good.

good luck to you in whatever you choose. hope i answered your questions.

[MickyD 0]

Wow, this site is really really awesome! I'm so glad I 'accidentally' found it!

Kim, thanks so much for taking your time to write. You are absolutely right....better be patient than risk not being able to see each other at all. Looks like I better sit my butt down and just pray that all goes well with his naturalization. Seems like the quickest way, rather than doing the process while he's a resident.

Luckily for me he's in Florida and I'm in Jamaica...only a 90 min flight and fares are pretty cheap, so he can pop over for a weekend

Once again, thanks to everyone who responded. When I start MY process you'll be sure to be seeing more of me!

Oh, and BTW...what does 'Touched' mean???

[KimandRuss 0]

when you register with uscis you will see a page that will note a date 'last updated'... if/when this date changes it means you are touched...

here's a picture of what it looks like

just so you know a touch can mean anything..or nothing. CSC does not touch as much as VSC and being touched only means your petition was scanned for some reason... again, could be anything.

this post by a former adjuticator will help you understand the process more. It can be found in the GUIDES section.

[Ban Hammer 13,355]

Oh, and BTW...what does 'Touched' mean???

Touch: When the UCSIS "Touches" your petition or file it means that an action was taken which required your file to be physically touched or moved. Example: Your file is touched when it is given to an adjudicator to process.

http://www.visajourney.com/forums/index.ph...page=definition

[KimandRuss 0]

gotta be quicker than that Charles!

[Ban Hammer 13,355]

gotta be quicker than that Charles!

i was working another forum

[KimandRuss 0]

sure sure

[Ban Hammer 13,355]

sure sure

the pi forum

[KimandRuss 0]

ooo bet that's fun!

[MickyD 0]

Can I repeat that I looove this site!

You guys have me cracking up here! Even though my situation sucks it feels good to laugh!

[SupportOAFJF 0]

get used to most of it...this is how it usually is..until some party pooper spoils the fun

[MickyD 0]

Hey HotLegz!!

Edited August 24, 2008 by MickyD

[KimandRuss 0]

get used to most of it...this is how it usually is..until some party pooper spoils the fun

how true. The good news is there are a lot more of us good folks out there than not.

btw HotLegz..what a BEAUTIFUL little girl!!!

Micky, your situation does suck been there, done that. Stay strong, find some new hobbies and spend as much time with your love as you can. Your time will come!