Help for a South African

[Dodger 0]

Hi, Ive recently joined the forum and my fiance and I are learning every day what a nightmare the K1 visa can be.. I have a few questions, I would truly appreciate some help.

1. Once the i-129f is approved, is it possible to get a visitors visa to the US whilst waiting for the k1 approval?

2. I am currently living in the United Kingdom on a work permit, it is expiring in December and we only expecting our interview date in November if all goes well, this would be a very close shave to the end of my visa here and wanting to get to the US, would it be a good idea to return to my home country (South Africa) and rather get all the forms sent to the consulate there for the interview, and can this change of consulate address happen after the i129-f approval?

Please could somebody help,sorry about all the questions!

[Tim&Poonam 0]

Can you get your uk visa extended?

[Mew 0]

1. It's not impossible. But getting a visa does not mean that you'll be allowed to enter the U.S. You'll have to show compeling proof that you'll leave the U.S. before your visa expires.

2. One never knows when exactly the approval will happen - especially when going through CSC. I don't know what the procedures to have the country where the interview will be held changed after I-129f is sent out are. Hopefully someone else will be able to help you.

Edited September 8, 2006 by Mew

[Dodger 0]

1. It's not impossible. But getting a visa does not mean that you'll be allowed to enter the U.S. You'll have to show compeling proof that you'll leave the U.S. before your visa expires.

2. One never knows when exactly the approval will happen - especially when going through CSC. I don't know what the procedures to have the country where the interview will be held changed after I-129f is sent out are. Hopefully someone else will be able to help you.

Hi, thanks for the info! so at least i Know i could get a visitors visa once my i-129f is approved, but are you saying i would have to return to my home country for the interview and medical etc, i wouldnt just be able to wait in the US for the decision to be made for the K1?

Can you get your uk visa extended?

Hi, thanks for the reply, unfortunately not!

Edited September 8, 2006 by Dodger

[heathius 0]

In answer to your above question.... If you are free to travel to the US as a visitor (i.e. if you able to get a vistor visa somehow), you can go to the US during the K-1 process, HOWEVER....

1.) You cannot permanently change your address to the US. You must maintain your residence in SA. You will also receive your consular interview packet in the mail at your SA address, so you need to be able to check your mail in SA (or have a friend check it for you).

2.) You will have to return to SA for your medical and consular interview after your I-129F petition is approved.

It may be hard for you to get a visitor visa to the US while you have a K-1 filed. As Mew says, you will have to show substantial proof that you will leave the US after the visitor visa expires.

[Dodger 0]

In answer to your above question.... If you are free to travel to the US as a visitor (i.e. if you able to get a vistor visa somehow), you can go to the US during the K-1 process, HOWEVER....

1.) You cannot permanently change your address to the US. You must maintain your residence in SA. You will also receive your consular interview packet in the mail at your SA address, so you need to be able to check your mail in SA (or have a friend check it for you).

2.) You will have to return to SA for your medical and consular interview after your I-129F petition is approved.

It may be hard for you to get a visitor visa to the US while you have a K-1 filed. As Mew says, you will have to show substantial proof that you will leave the US after the visitor visa expires.

Hi, thanks so much for the info, I take it substantial proof would be an airticket? or is it more complicated?

[heathius 0]

I can't say for sure. Anybody else know what kind of proof they would look for??

[ChristinaM 0]

My understanding is that once you have a K1 filed, your chance to get a B2 goes out of the window - logically, why would they issue a non-immigrant visa to someone who has filed their immigrant intent? Whatever proof you could offer would be pretty much offset by the K1 filing.

I wish you luck.

[Mew 0]

Hi, thanks so much for the info, I take it substantial proof would be an airticket? or is it more complicated?

It is more complicated than that. A ticket to return is one piece of evidence that you can show to demonstrate you have no intentions to stay in the U.S. You can also show a lease agreement and a letter from your employer saying you're expected to be back on such date, for example.

My understanding is that once you have a K1 filed, your chance to get a B2 goes out of the window - logically, why would they issue a non-immigrant visa to someone who has filed their immigrant intent? Whatever proof you could offer would be pretty much offset by the K1 filing.

I wish you luck.

Or... they could see that because they've filed for a K-1, they're willing to take the legal route so the beneficiary can go to the U.S. for good at a later time. Also, there's the interview to attend outside the U.S.