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Posted

Hi, new member here. I tried searching on the net for my specific inquiry w/o any luck, but it seems like this forum is where I might find my answer.

My fiancee and I already received confirmation that the USCIS received our I-129F petition, so we are just awaiting approval. She is currently studying in Canada (actually waiting for school to start) and has a U.S. visitor's visa that is yet to expire, can she still come in to the U.S. with her visitor's visa? I've heard rumors that once you guys turn in the forms, your fiance(e) can/should not come into the U.S. in the meantime, because of either doubt of her immigration intentions or a possible impact/delay in the progress of the I-129F approval.

My logic tells me that if her visitor's visa is still valid and she has proof (flight back, school enrollment) that she will leave the U.S. in accordance with the rules of the visa, then she should be able to enter and not have any affect on the I-129F.

I tried calling the NCSC that claims to have live help, but all I get is a recording that doesn't seem to have a selection for it. And I'm definitely calling within their stated business hours. It's so fustrating to find some definitive help in these matters.

Posted

She can visit the US but there is no guarantee that she will be allowed entry. This is always the case, but the I-129F filing establishes immigrant intent which must be overcome at the POE. In other words, the burden of proof that she will leave is higher now.

That being said, being currently enrolled in school is a pretty good indicator of intent to go back, so she probably stands a good shot of being admitted.

This might be helpful: K1 Visa Applicant Visiting US

Improved USCIS Form G-325A (Biographic Information)

Form field input font changed to allow entry of dates in the specified format and to provide more space for addresses and employment history. This is the 6/12/09 version of the form; the current version is 8/8/11, but previous versions are accepted per the USCIS forms page.

Filed: Citizen (apr) Country: Canada
Timeline
Posted

as long as she brings proof that she will return to canada and it is before her visa expires , she can go visit you ,

I visited my husband ( back then fiance ) without any problems while the I 129 was in process ,

( I had a visitor visa too , so as long as she follows the regulations she can visit without a problem ) :)

 

129f for K1 visa filed in march 07 check my timeline for full info

03 March 2008 , received welcome letter and 2 year GC yeahhhhhhhhhhhhh

22 NOV 2009 to lift condition GC expires 22 Feb 2010

24 Nov 09 send in I 751 ( ROC , in VT )

25 Nov 09 Your item was delivered at 12:10 PM in SAINT ALBANS, VT 05479 to INS .

30 Nov 09 Check Cashed

21 Dec 09 biometric

On March 9, 2010, we ordered production of your new card.

12 March 2010 received approval letter in mail

16 March 2010 10 year Green Card received in mail exp date March 09 / 2020

April 14/2017 send N400 

04/25/17 credit card charged 

04/25/17 e mail NOA send 

05/01/17 hard copy of NOA dated 04/25 received in mail

05/06/17 biometric hard copy in mail 

05/19/17 Biometric appointment in Hartford CT 

07/17/17 Inline for Interview 

07/24/17 Interview letter in mail 

08/24/17 Interview in Springfield MA ... Yes Aproved

09/14/17 Oath Ceremony .... done I am a US citizen

09/22/17 Applied for Passport ( per reg mail ) 

10/04/17 got passport in mail  

10/13/17 got certificate in mail  , updated status with social security office 

AM DONE YEAHHHHHHHHHHH 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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