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Fiance should not come to US during K1 Visa Waiting Period ?

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Filed: K-1 Visa Country: South Korea
Timeline

My fiance is going to come and visit me end of March for 5 days. He has a visitor visa and been to the U.S. many times for work and pleasure. I just want to know if we start this K1 process... IS he prohibited to visit me in U.S. while we are waiting for our K 1 visa ? What if he has to travel here for work purposes ? He's a journalist and travels all over the world...

Does anyone know?

Thanks

Timeline:

2/18/2009: Mailed I-129F Form

2/20/2009: NOA 1 Receipt Date

3/20/2009: NOA 2 Notice Approval Date

05/28/2009: Interview APPROVED

7/22/2009 --POE (LAX)-- We are together forever <3

AOS Journey Begins Here ^------^

7/28/2009 -- Applied for SSN & Registered for Marriage License

8/3/2009 -- Civil Ceremony

8/5/2009 -- Received Marriage Certificate via Express Mail. Pass DMV Written Exam & Received Permit

08/11/2009-- Mailed AOS to Chicago, IL

08/17/2009 -- Check clears $1010 USCIS

8/20/2009- Touched ^---^

8/21/2009-- NOA 1 for I-485 and I-765 Hard Copy

08/29/2009-- Received Biometrics Appointment Letter in the mail, dated 08/26

09/03/2009 -- Early Walk In Biometrics Appt (Original Date 09/23)

09/04/2009 -- Touched ^---^

09/29/2009 -- EAD Card Production

10/07/2009 -- EAD Card Received

10/16/2009 AOS I-485 Interview in Los Angeles(APPROVED)

10/28/2009 -- GC in HAND <3

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Filed: IR-1/CR-1 Visa Country: Canada
Timeline
No, he is not prohibited.

Wait I was under the impression that you could still come to the country of which your fiance resides and see them. In my case, the US and my fiance from Canada. Are you talking specifially for South Korea or overall cause I've had alot of people tell me that once we send out our I-129F packet that she could come be with me. We've even talked about her being down here for a few months while we work on the process as well. She wouldn't be working nor doing anything illegally and she would be honest at the POE. Please correct me if i'm wrong but I don't see where its a bad thing. I even did a post where I asked if there were any consequences at her interview. As long as we kept them posted of the address where we would be ( Me no problem, but my fiance ) then it was okay. We would also need mail forwarded to us as well. Let me know

Jared

Pre-USCIS:

07-20-2008: Fell In Love

10/15/2008: Jami and I meet for the first time

1-17-2009: Became Engaged In Nova Scotia

04-01-2009: Visit to Nova Scotia to see Jami

06-29-2009: Jami comes to Arizona to visit

01-08-2010: Married in Fredericton, NB Canada

01-11-2010: Jami allowed back down with me after marriage for 6 months

USCIS JOURNEY:

05-20-2010: I-130 Packet mailed out! ( Finally! )

05-22-2010: Packet received at Lockbox

05-28-2010: NOA1 ($355.00)

07-07-2010: Jami went back to Fredericton, NB :(

10-29-2010: NOA2 ( FINALLY! )

NVC JOURNEY:

11-05-10: Case received at NVC

11-06-10: Called automated machine and got NVC case number

11-08-10: Called and changed Jami's address and added my email to case for corraspondance updates

11-16-10: DS-3032 email generated and emailed to us

11-16-10: AOS fee bill generated and emailed to us

11-18-10: Paid AOS Bill ($88.00)

11-23-10: Mailed completed DS-3032 through Canada Post

12-01-10: NVC Received DS-3032 and updated in System

12-06-10: Mailed AOS packet overnight express

12-16-10: Paid IV Bill ($404.00)

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Filed: Country: United Kingdom
Timeline
No, he is not prohibited.

Wait I was under the impression that you could still come to the country of which your fiance resides and see them. In my case, the US and my fiance from Canada. Are you talking specifially for South Korea or overall cause I've had alot of people tell me that once we send out our I-129F packet that she could come be with me. We've even talked about her being down here for a few months while we work on the process as well. She wouldn't be working nor doing anything illegally and she would be honest at the POE. Please correct me if i'm wrong but I don't see where its a bad thing. I even did a post where I asked if there were any consequences at her interview. As long as we kept them posted of the address where we would be ( Me no problem, but my fiance ) then it was okay. We would also need mail forwarded to us as well. Let me know

Jared

Yes you can visit with a pending I-129F as long as there is no overstay, but ultimately it is up to POE.

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Filed: K-1 Visa Country: Canada
Timeline
No, he is not prohibited.

Wait I was under the impression that you could still come to the country of which your fiance resides and see them. In my case, the US and my fiance from Canada. Are you talking specifially for South Korea or overall cause I've had alot of people tell me that once we send out our I-129F packet that she could come be with me. We've even talked about her being down here for a few months while we work on the process as well. She wouldn't be working nor doing anything illegally and she would be honest at the POE. Please correct me if i'm wrong but I don't see where its a bad thing. I even did a post where I asked if there were any consequences at her interview. As long as we kept them posted of the address where we would be ( Me no problem, but my fiance ) then it was okay. We would also need mail forwarded to us as well. Let me know

Jared

I think you misunderstood. No, he is not prohibited from entering the U.S. just based on a pending petition. I did not say "No, he is prohibited".

Edited by eyoa
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Filed: K-1 Visa Country: South Korea
Timeline

Hi- No what I meant to ask was: whether it is OK for him to still come and visit on his tourist visa. Just so we can be together and see eachother for 1-2 weeks.. during this pending/waiting/dreadful stage. no, he will not overstay. Possibly only for 1 week at most. I was just worried that when he enters the immigration port of entry^^ they might find his I-129F file pending and thinking he might want to come into the country to stay... obviously, he won't unless we have our K1 Visa approved. Then he would quit his job and relocate then...

Thats what I was worried about! But I think its cleared up now. As long as he doesn't overstay... we should be in good hands.

Thanks <3

Timeline:

2/18/2009: Mailed I-129F Form

2/20/2009: NOA 1 Receipt Date

3/20/2009: NOA 2 Notice Approval Date

05/28/2009: Interview APPROVED

7/22/2009 --POE (LAX)-- We are together forever <3

AOS Journey Begins Here ^------^

7/28/2009 -- Applied for SSN & Registered for Marriage License

8/3/2009 -- Civil Ceremony

8/5/2009 -- Received Marriage Certificate via Express Mail. Pass DMV Written Exam & Received Permit

08/11/2009-- Mailed AOS to Chicago, IL

08/17/2009 -- Check clears $1010 USCIS

8/20/2009- Touched ^---^

8/21/2009-- NOA 1 for I-485 and I-765 Hard Copy

08/29/2009-- Received Biometrics Appointment Letter in the mail, dated 08/26

09/03/2009 -- Early Walk In Biometrics Appt (Original Date 09/23)

09/04/2009 -- Touched ^---^

09/29/2009 -- EAD Card Production

10/07/2009 -- EAD Card Received

10/16/2009 AOS I-485 Interview in Los Angeles(APPROVED)

10/28/2009 -- GC in HAND <3

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Filed: K-1 Visa Country: England
Timeline

It's fine. I read somewhere that they can't even see K1 applications in their computers. Don't mention the K1 unless prompted, and obviously.. show proof that you intend to return to your country, and that you're just visiting :)

I was lucky and got to visit my boyfriend in the USA for 85 days while the K1 was processing :) No problems.

Edited by Furious Biscuit

Application Status

-----------

Package sent : 1st August 2008

I-129F received : 6th August 2008

NOA1 received : 14th August 2008

NOA2 received : 6th January 2009

NOA2 hard copy: 10th January 2009

NVC received: 8th January 2009

Case left NVC: 12th January 2009

Consulate recieved: 26th January 2009

Packet 3 recieved: 30th January 2009

Packet 3 sent back: 5th February 2009

Medical: 23rd February 2009

Packet 4 recieved: 5th March 2009

Interview: 27th March 2009

US entry: 6th April 2009

Marriage: 4th May 2009

AOS filed: 9th July 2009

Biometrics appointment: 15th August 2009

Case transferred to CSC: 25th September

AOS Approved: 3rd November 2009

2 Year Green card recieved: 9th November 2009

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Filed: K-1 Visa Country: Russia
Timeline

Yes, it is possible and we had no problem with a tourist visa visit after filing for K-1 (or submitting I-129F, or however you prefer). My fiancee' entered at Los Angeles, and the only questions they asked her was where she was going and how long she was staying. They didn't even ask to see proof of her onward travel to Hawaii, hotel reservations, or her return ticket to Russia. They simply wished her to have a nice trip. :-) (and no, they never made mention of K-1 and of course she never mentioned either).

February 2008: Met while in Thailand

March 2008: Traveled to Russia to see her

May 2008: Traveled to Russia to see her

June 2008: Joint vacation to Italy

July 2008: Applied for and received B-2 tourist visa

August 2008: She comes to U.S. on B-2/ I proposed

October 2008: Traveled to Russia to see her and meet family

November 11, 2008: Filed for K-1, California Service Center

November 19, 2008: I-797 NOA1 received

December 2008: Went back to see her again

January 21, 2009: NOA2 received

January 29, 2009: Notice file sent to Embassy received

February 4, 2009: She comes to U.S. on B-2 for vacation in Hawaii

March 2, 2009: She receives notice of interview date and time

April 7, 2009: Interview in Moscow - Approved!

May 29, 2009: She arrives!

June 15, 2009: Applied for SS card

June 19, 2009: SS card received

August 14, 2009: Got married in Florida

Sept. 15, 2009: Sent AOS packet with I-485, I-765, and I-131

Sept. 22, 2009: Notice package received

Oct. 23, 2009: Notice received that I-485 had been transferred to CSC

Oct. 23, 2009: Notice received that application for travel (I-131) had been approved

Oct. 28, 2009: Advanced parole documents received

Nov. 20, 2009: Biometrics appointment received

Dec. 3, 2009: Biometrics Appointment

Dec. 29, 2009: Green Card and EAD approved and cards ordered (a little late on the EAD, but we'll take it)

Jan. 5, 2010: Green Card received

September 1, 2011: Filed I-751 for removal of conditions

April 2, 2012: Removal of conditions approved w/o interview, 10 year GC in the mail!

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Filed: Other Country: China
Timeline
No, he is not prohibited.

Not only is visiting not prohibited but there's also no "waiting period". It does take time to adjudicate a petition and complete a visa process but the couple is free to live their lives while that all plays out. The term "waiting period" indicates there's a specific time period set aside for "waiting", like say a three day waiting period to get married after obtaining a license or to take delivery of a handgun or for buyer's remorse. Funny how all those tend to be three days. I wonder why? :devil:

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

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I visited my fiance (now husband) while the K1 application was in progress. Other than a stern warning that I would be hunted down and punished severely if we got married while I was in the country on a visitor's visa waiver, they were perfectly happy to let me visit. Of course, if you happen to have evidence that you are still very much tied to your home country, that certainly wouldn't harm the chances (ie having to go back for work). :)

ROC

AR11 filed: 02/05/11

I-751 filed at Vermont Service Center: 02/07/11

NOA: 02/14/11

Biometrics appt: 03/21/11

RoC Interview: Not required

RoC Approved: 08/04/2011

10 yr Green card received: 08/10/2011

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