I-129F while on B2

[jkb11 26]

Hi everyone!

I'm thinking about proposing sometime soon to my beloved girlfriend, and I'd like to discuss something regarding a possible I-129F with you guys, hoping for some answers

Since her and I have been discussing possible options of bringing me to the US to stay, we have both decided that we want to do everything the right way (no B2 -> AOS) and agreed to go with the K-1 process. Now, since I have sufficient funds to support myself for a few months in the US, if I enter US on my B2 visa, then we decide to file I-129F, is it okay for me to stay in the US till the petition gets approved, provided that it gets approved no later than the date stamped on my I-94? We do not want to be apart during the process so I don't want to risk being denied entry on B2 while I-129F is pending. Also, as soon as the papers are out of NVC, we both would go to Poland for further processing and attend the K-1 interview together.

As far as I am concerned, what I want to do is legally sound. The question is, will it be frowned upon, let's say, during the K-1 interview?

Kind regards!

[MalaysianGirl 26]

If you are absolutely sure that you won't AOS while in the US on your B2 visa, you can most definitely send out the initial I-129F petition while you're there, and then return to Poland for the interview.

I salute you for wanting to do everything legally.

[Moomin 292]

I visited my then fiance in the US a couple of days after the petition was sent. Had no problems whatsoever. Good luck - just remember as a tourist you are still(if asked) required to show proof of ties to your home country. I wasn't asked however, and I stayed for a month. One day more than planned since I missed my return flight twice. Hehe.

[Leatherneck 693]

No problem with the way you want to proceed.

[jkb11 26]

Thanks for your replies!

I feel a bit dubious about crossing the border while I-129F is pending, although most of people on these forums say there shouldn't be a problem visiting on B2 in such situation, provided that sufficient ties are presented. Last time I visited my GF I got pulled into secondary inspection (second time ever, POE ORD), but everything went smooth and I managed to ask the CBP officers a few questions. I got an answer that in 9 out of 10 cases one would be returned back home, cause they come here to stay and adjust despite having their petition pending. So yeah, after that I decided I'd like to stay in the US and wait there for our approval.

Also, I noticed that I-129F processing times are a bit shorter than 6-9 months ago, I guess it's possible to get the NOA2 after 3-4 months of waiting? If so, that's great news and makes my plan even more feasible

Kind regards!

[Leatherneck 693]

Thanks for your replies!

I feel a bit dubious about crossing the border while I-129F is pending, although most of people on these forums say there shouldn't be a problem visiting on B2 in such situation, provided that sufficient ties are presented. Last time I visited my GF I got pulled into secondary inspection (second time ever, POE ORD), but everything went smooth and I managed to ask the CBP officers a few questions. I got an answer that in 9 out of 10 cases one would be returned back home, cause they come here to stay and adjust despite having their petition pending. So yeah, after that I decided I'd like to stay in the US and wait there for our approval.

Also, I noticed that I-129F processing times are a bit shorter than 6-9 months ago, I guess it's possible to get the NOA2 after 3-4 months of waiting? If so, that's great news and makes my plan even more feasible

Kind regards!

Good luck for a speedy approval!

[max+patricia 24]

Hi everyone!

I'm thinking about proposing sometime soon to my beloved girlfriend, and I'd like to discuss something regarding a possible I-129F with you guys, hoping for some answers

Since her and I have been discussing possible options of bringing me to the US to stay, we have both decided that we want to do everything the right way (no B2 -> AOS) and agreed to go with the K-1 process. Now, since I have sufficient funds to support myself for a few months in the US, if I enter US on my B2 visa, then we decide to file I-129F, is it okay for me to stay in the US till the petition gets approved, provided that it gets approved no later than the date stamped on my I-94? We do not want to be apart during the process so I don't want to risk being denied entry on B2 while I-129F is pending. Also, as soon as the papers are out of NVC, we both would go to Poland for further processing and attend the K-1 interview together.

As far as I am concerned, what I want to do is legally sound. The question is, will it be frowned upon, let's say, during the K-1 interview?

Kind regards!

We did the exact same thing - no problems at all. We ended up canceling our petition (we're still together, just getting things worked out) but there shouldn't be any problems at the interview since you're not breaking any rules. On your I-129F it will ask if your fiance/e has ever been (or is currently) in the US - and if he/she is in the US, you'll have to provide their I-94 info. No sweat, just don't overstay

Good luck to you guys!

[jkb11 26]

Thanks everyone! Our journey shall begin soon!

Kind regards!

[MalaysianGirl 26]

Thanks everyone! Our journey shall begin soon!

Kind regards!

Best of luck!

[Gosia & Tito 199]

Thanks for your replies!

I feel a bit dubious about crossing the border while I-129F is pending, although most of people on these forums say there shouldn't be a problem visiting on B2 in such situation, provided that sufficient ties are presented. Last time I visited my GF I got pulled into secondary inspection (second time ever, POE ORD), but everything went smooth and I managed to ask the CBP officers a few questions. I got an answer that in 9 out of 10 cases one would be returned back home, cause they come here to stay and adjust despite having their petition pending. So yeah, after that I decided I'd like to stay in the US and wait there for our approval.

Also, I noticed that I-129F processing times are a bit shorter than 6-9 months ago, I guess it's possible to get the NOA2 after 3-4 months of waiting? If so, that's great news and makes my plan even more feasible

Kind regards!

I think you would be able to minimize time apart with your plan, to a few weeks at most. Note a few things you want to take into account:

There is always a chance that the timing might be off a bit. Your stay on B2 would be a maximum of 6 months, the NOA2 was running about 6 months when we did ours (NOA2 was May 2011 at VSC), then is NVC time: 1-2 weeks; then petition is sent to Warszawa (2-3 days). Embassy in Warszawa was taking about 6 weeks to the interview date at that point. At this point is a bit the luck of the draw, the Embassy schedules the entire month in the week before the beginning of the month, which means if you miss the cut-off time it could be an additional 3-4 weeks.

As far as I could think, there is no need to be in Poland to receive packet 3, as you could submit from here, that could gain you a couple of extra weeks. The Embassy has a number (free) just for inquiries on K-1s. I called them a couple of times from here to check on things and clarify some questions.

While you are here, you might want to have medical insurance, at least for emergency (medical, dental, surgery). Also, if you are going to be driving, you want to get an international drivers license and check up on how insurance (drivers) is in the state where you will be.

Presence of the USC is not required in Warszawa for interview (I don't know if allowed or not). I didn't do it for work limitations and there was another couple about same time in which the USCIS also did not traveled.

The process in Poland is fairly simple and straightforward, interview is simple (ours took all of 10 minutes, the other couple was about same, we were comparing notes)

Good luck!

[jkb11 26]

I think you would be able to minimize time apart with your plan, to a few weeks at most. Note a few things you want to take into account:

There is always a chance that the timing might be off a bit. Your stay on B2 would be a maximum of 6 months, the NOA2 was running about 6 months when we did ours (NOA2 was May 2011 at VSC), then is NVC time: 1-2 weeks; then petition is sent to Warszawa (2-3 days). Embassy in Warszawa was taking about 6 weeks to the interview date at that point. At this point is a bit the luck of the draw, the Embassy schedules the entire month in the week before the beginning of the month, which means if you miss the cut-off time it could be an additional 3-4 weeks.

As far as I remember, at the beginning of 2011, the service centers were busier than usual(remember Haiti?) and I remember people complaining their petitions haven't been looked at for 6 months and more. Now that I am looking at processing times, I notice a decrease in processing times, so I'd like to keep my hopes up that NOA2 can be received faster than after 6 months, during my stay in the US.

As far as I could think, there is no need to be in Poland to receive packet 3, as you could submit from here, that could gain you a couple of extra weeks. The Embassy has a number (free) just for inquiries on K-1s. I called them a couple of times from here to check on things and clarify some questions.

I don't think that will be neccessary to do it this way. We both wanna go to Warsaw for all Post-NOA2 processing. We are prepared to spend around 3 months together back in Europe.

While you are here, you might want to have medical insurance, at least for emergency (medical, dental, surgery). Also, if you are going to be driving, you want to get an international drivers license and check up on how insurance (drivers) is in the state where you will be.

I've been to the US 10 times on my B2 since Dec 2010. Every single time I had an insurance, my driver's license was also OK for renting and driving. I have the international supplement issued by our govt, but it has proved to be useless here.

Presence of the USC is not required in Warszawa for interview (I don't know if allowed or not). I didn't do it for work limitations and there was another couple about same time in which the USCIS also did not traveled.

The process in Poland is fairly simple and straightforward, interview is simple (ours took all of 10 minutes, the other couple was about same, we were comparing notes)

Yes, I am aware of the fact that Warsaw has been becoming an "easy" consulate over the past few years. However, since she is going to be here with me, can she still attend with me?

Good luck!

Thank you!

Kind regards!

[A + M 29]

is it okay for me to stay in the US till the petition gets approved

Yes, it is okay. You can stay in US while you wait for your K1 petition to be approved. Make sure your I-94 doesn't expire and you don't overstay.