Embassy Location

[buster2209 2]

Hey Everyone

Me and my fiancee just got our initial I-129F petition sent off today and just have a question and was wondering if anyone could help

Do I have to go to my country of origin (England) to the embassy in London for my interview or can I have it where I currently am in America with my fiancee?

[Ban Hammer 13,569]

mbc

[YuAndDan 153]

You cannot interview for a VISA which is used to enter the USA while already in the USA.

You can only interview for a visa at a US consulate or Embassy which are located OUTSIDE the USA.

In your case London.

[livelife 0]

You're already in the US whay go back?It's safer here for you,if there is any problem in the USCIS at least you can ask help from an immigration atty.,but when you go back and if problems occur it'll be difficult to follow up or appeal at the US Embassy because the consuls have thier own "decision" that you can't appeal or if you do ,,,it'll take time..and much faster if you're here already in the US...we have the same case i guess ,i didn't go back to my country i just stayed and get married here, and w e filed for the change in status it's faster;that was the advice of the immigration atty.Good luck

Edited October 21, 2008 by livelife

[buster2209 2]

Hmmm, yeah, me and my fiancee had a meeting with a senator (her dad works for the township) and he did say filing while I'm in the US is quicker.

I dont mind going back home for the interview and figured I couldn't get an interview at an embassy in the US.

The senator also did mention that the process is antiquated and needed a severe overhaul and that we wouldn't have so many illegal immigrants if the process was more transparent. The UK system is just as arduous though.

Just food for thought....

This site is incredible by the way, the official USCIS website is not very user friendly - and I'm an electronic engineer!!

Edited October 21, 2008 by buster2209

[YuAndDan 153]

FAQ:

3.15)...Can I, while my fiancee will apply for a I-129F package, be with her in the US ? So we can stay together while the application is being processed or do I have to go to back home again ?

A..As long as you do not go beyond your visa expiration date and leave in plenty of time to do your part of the application then it should be ok. Many couples file the I-129F while the fiance(e) is in the US. However, the visa application itself is accomplished in the fiance(e)s home country, so the fiance(e) must return home to complete the visa application process and the interview at the US Consulate. So the bottom line is that you should follow all USCIS rules if you are here int he US and if your visa requires you to return home on a certain date that you do so on time.

http://www.visajourney.com/faq/k1k2visa-I129f.html#3.15

[buster2209 2]

FAQ:

3.15)...Can I, while my fiancee will apply for a I-129F package, be with her in the US ? So we can stay together while the application is being processed or do I have to go to back home again ?

A..As long as you do not go beyond your visa expiration date and leave in plenty of time to do your part of the application then it should be ok. Many couples file the I-129F while the fiance(e) is in the US. However, the visa application itself is accomplished in the fiance(e)s home country, so the fiance(e) must return home to complete the visa application process and the interview at the US Consulate. So the bottom line is that you should follow all USCIS rules if you are here int he US and if your visa requires you to return home on a certain date that you do so on time.

http://www.visajourney.com/faq/k1k2visa-I129f.html#3.15

To this end then, how many visa waivers can I use in a row?

Do I have to return England when it expires, or can my fiancee and I go to canada for several days and then I can re-enter the US on a new visa waiver?

Edited October 21, 2008 by buster2209

[YuAndDan 153]

To this end then, how many visa waivers can I use in a row?

Do I have to return England when it expires, or can my fiancee and I go to canada for several days and then I can re-enter the US on a new visa waiver?

If the officer at POE suspects the VWP program is being abused they can deny entry, if they do that you will be blocked from future entries on the VWP and will need a visitor's visa.

NO A quick trip to Canada WILL NOT work.

An alien seeking re-entry to the United States after departure to a foreign contiguous territory or adjacent island may be readmitted but only for the remainder of the authorized period of stay which he or she was originally granted upon initial arrival in the United States under the VWP. This is to prevent VWP aliens from getting around the 90 day limit simply by traveling to Canada or Mexico and asking for another 90 days.

http://www.americanlaw.com/vwpp.html

Q: Can a VWP applicant for Admission Be Readmitted To the United States Follwing a Short Trip To an Adjacent Island, Canada, or Mexico?

A:

• Generally, VWP applicants admitted under the VWP may be readmitted to the United States after a departure to Canada or Mexico or adjacent islands for the balance of their original admission period. This is provided they are otherwise admissible and meet all the conditions of the VWP, with the exception of arrival on a signatory carrier, in which case the inspecting officers have the discretion to grant the applicants entirely new periods of admission.

• The VWP applicant is admissible and may be readmitted to the United States under the VWP after a departure to Canada or Mexico or adjacent islands provided the person:
  1. Can identify an authorized period of admission that has not expired,

  2. Plans to depart the United States prior to the expiration date of their period of admission,

  3. Presents valid, unexpired passports which reflect admission to the United States under the VWP, and

  4. Continues to meet all criteria set forth in 8 CFR 217 and section 217 of the Immigration and Nationality Act (Act), with the exception of arrival on a signatory carrier.

http://www.cbp.gov/xp/cgov/travel/id_visa/...ure/vwp/vwp.xml