Going to the US while pending K1

[didopage 337]

Hi everybody,

I read few threads on VJ about coming to the US while the K1 visa is pending. I'm from a VWP country, so looks like I need to provide strong proofs that I don't intent to immigrate, take a light luggage, …

My case is that I already spend 7 months in the US this year for an internship in a US university (J1 visa). At the end of my stay, my now-fiance proposed me, we filled for K1 and I came back to my country. Now I'm invited to a conference in San Francisco next december to present the work I've done during my internship. That would be a great occasion for me, but also another one to see my fiance for 2-3 weeks (we'll be at about the middle of the K1 journey, so it's perfect). My fiance also plan to come visit in my country and spend Christmas with me. I guess that can be a proof that I intend to come back as he'll come to visit

I have no intent to immigrate, just want to spend few weeks in the US… but I spent 7 months there this year. I read quickly about a rule saying you can't stay more than 6 months per year, does it stop all my plan to come next december?

Hope you can help me...

[Lainie B 465]

What rule is that? I think as long as you didn't overstay your J1 it should be fine.

[sib 7]

Take the invitation letter of the conference and maybe some email you have with your former collegues regarding the conference and your attendance there.

You have a return ticket. You have somewhere to live in France, etc.

Just take some proof and you should be fine. If you are asked about your fiance answer honest but make clear you are returning to spend Christmas with your family and that your fiance is coming to France for Christmas.

You should be fine.

My (now) husband came visiting me without a problem.

Sib

[didopage 337]

Thanks to you both! Lainie B, not sure what is that rule, I read that you can't stay more than 6 months per year in the US as a non-immigrant. Looks like it applies to tourists, but I'm not sure if it applies to me…

[Lainie B 465]

Yeah if there was such a rule it would be for tourists, not J1-visas. One question - did your J1 have the "2-year home country physical presence requirement" waiver written on it?

[didopage 337]

Yes, the "2-years" rule doesn't apply to me.

[ashlien 0]

Yes, the "2-years" rule doesn't apply to me.

Heyy, didopage! That's awesome the rule doesn't apply to you. My fiance and I were freaking out about that in May because he was worried that applied to F-1's heh. He just visited me from France a few weeks ago and had absolutely no problems getting in besides the long wait time at customs.. they saw his F1 visa, asked if he was back for school or visiting and he just said to visit (as opposed to returning to school) and they didn't ask him for any documentation of returning. As far as I've found, the only thing I've seen about a 6 month requirement is the passport validity..

[Dan & Jenni 457]

Thanks to you both! Lainie B, not sure what is that rule, I read that you can't stay more than 6 months per year in the US as a non-immigrant. Looks like it applies to tourists, but I'm not sure if it applies to me…

i believe the rule is just for those travelling on the VWP

[VanessaTony 3,567]

i believe the rule is just for those travelling on the VWP

No it's not just for VWP. Though I believe the rule she read is for CANADIANS who travel over. They are allowed to stay for 6 months out of a year..

[didopage 337]

Heyy, didopage! That's awesome the rule doesn't apply to you. My fiance and I were freaking out about that in May because he was worried that applied to F-1's heh. He just visited me from France a few weeks ago and had absolutely no problems getting in besides the long wait time at customs.. they saw his F1 visa, asked if he was back for school or visiting and he just said to visit (as opposed to returning to school) and they didn't ask him for any documentation of returning. As far as I've found, the only thing I've seen about a 6 month requirement is the passport validity..

Hey ashlien. I was very worried about that rule before my interview for the J1 visa, and I felt so relieved when the Consular Officer checked "doesn't apply"!!

No it's not just for VWP. Though I believe the rule she read is for CANADIANS who travel over. They are allowed to stay for 6 months out of a year..

I think I read that for B1 visa, but I can't find clear informations about it. Anyways, it doesn't seem to be well-known so I guess it doesn't apply to me and I'm safe.

Edited October 31, 2011 by didopage