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danielleNJ

tourist visa while k1 processing!

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Filed: AOS (pnd) Country: Australia
Timeline

Question for all you!

I have just booked a trip to go and visit my fiance in Australia for the holidays! I'm so excited.

I know that visiting him while our K1 is being processed isn't a problem but I have two questions:

1. The last time I visited Australia (April of 2011, before we filed for our K1), I got an Electronic Travel Visa for my visit. I know these last for a year. Is there anything I need to change or update, or will the same visa still be on my passport?

2. Do I need to bring anything proving I'm returning to the US other than my return ticket?

Thank you for all the help!

- Danielle

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You can check the validity of your ETA through the Department of Immigration and Citizenship site HERE.

As long as nothing has changed - ie you still have the same passport, then the ETA should still be valid.

In regards to bringing anything with you, I probably wouldn't be too concerned about that (but keep in mind I'm an Aussie here so obviously coming into Australia is different for me than it would be for you). If it would make you feel better you could maybe bring your NOA1 - if asked you could tell them that you have no intention of staying in Australia as you are currently petitioning your fiance to move to the US.

Hope you have a safe trip and enjoy the holidays in Australia.

P.S Get ready for a new experience - it will be summer, so enjoy having a Christmas Day that will probably be 100F lol!!!

USCIS

30 Nov 2010 - Sent I-130 to Chicago

1 Dec 2010 - I-130 received at Chicago

18 Apr 2011 - APPROVED!! NOA2 text and email

NVC

29 Apr 2011 - Case entered into the system/Case number assigned; Medical Exam in Sydney

30 Apr 2011 - Police Check Application sent

2 May 2011 - Called NVC and got Invoice ID number

3 May 2011 - Sent DS-3032 email

4 May 2011 - Received email reply from NVC for DS-3032; Received Medical Exam results

5 May 2011 - AOS invoiced and paid

7 May 2011 - AOS package sent; IV invoiced and paid

9 May 2011 - AOS package delivered to NVC according to tracking

20 May 2011 - RFE for missing IV package....still waiting on Police Certificate!

24 May 2011 - Received Police Certificate after 25 days (so much for 7-10!); IV package sent

27 May 2011 - IV package delivered according to tracking

8 Jun 2011 - RFE for original marriage certificate; requested supervisor review since we KNOW it was in the package!

30 Jun 2011 - SIF and CC - FINALLY!!!!

13 Jul 2011 - Interview date assigned! Scheduled for August 9th @ 10am

9 Aug 2011 - Interview - APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!

12 Aug 2011 - Visa in hand

24 Aug 2011 - POE @ LAX

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Filed: K-1 Visa Country: Canada
Timeline

I visited my fiancee in Canada a few times while K1 was in process, and wasn't any trouble. Usually the return ticket clears up everything. If you're worried about it, a letter from your employer stating you'll be back to work on a certain date always works. I used to work for a non-profit moving between countries constantly, and these always were given to us; letters from employers are gold.

But between two 1st world countries and with Australia being such a low-fraud country, I'll think you'll be fine. Happy Holidays!

I visited my fiancee in Canada a few times while K1 was in process, and wasn't any trouble. Usually the return ticket clears up everything. If you're worried about it, a letter from your employer stating you'll be back to work on a certain date always works. I used to work for a non-profit moving between countries constantly, and these always were given to us; letters from employers are gold.

But between two 1st world countries and with Australia being such a low-fraud country, I'll think you'll be fine. Happy Holidays!

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Filed: K-1 Visa Country: Canada
Timeline

I visited my fiancee in Canada a few times while K1 was in process, and wasn't any trouble. Usually the return ticket clears up everything. If you're worried about it, a letter from your employer stating you'll be back to work on a certain date always works. I used to work for a non-profit moving between countries constantly, and these always were given to us; letters from employers are gold.

But between two 1st world countries and with Australia being such a low-fraud country, I'll think you'll be fine. Happy Holidays!

I visited my fiancee in Canada a few times while K1 was in process, and wasn't any trouble. Usually the return ticket clears up everything. If you're worried about it, a letter from your employer stating you'll be back to work on a certain date always works. I used to work for a non-profit moving between countries constantly, and these always were given to us; letters from employers are gold.

But between two 1st world countries and with Australia being such a low-fraud country, I'll think you'll be fine. Happy Holidays!

It seems to be fine for the petitioner to visit the beneficiary with no problems, but it doesn't seem to be entirely true in reverse. We just had our interview Dec 1st in Canada and spoke to a man (beneficiary and Canadian Citizen) whom wanted to extend his stay in the USA and was denied due to being in process of a K1. During our (I say our because I was there with my fiancee) interview we told the interviewer that my fiancee was denied entry for a visitor visa in August of this year. My fiancee also had a letter from her employer (amongst a host of other evidence she would be returning) but she was still denied. He said "That makes sense since you had K Visa pending". I said I thought that would help since we have the NOA2 to present to show we are going about everything legally and that we wouldn't want to screw up our K1. He didn't go into detail, he just said "it is basically an automatic denial if you have a K Visa pending".

I know I have read on here about Beneficiary's visiting their Fiance(e) in the USA on the VWP and not having difficulties. I have also read in a couple instances where they have been denied at the border. By wait the interviewer said it seems like if the beneficary actually applies for a visitor Visa that most will be denied. "Automatic Denial" was the phrase that rang in my ear.

Met online - 12/2008

Met in Person 1st Time - 2/2009

Engaged - 12/2009

Filed I-129F - 3/27/11

Received Electronic NOA 1 - 4/7/11

NOA 2 - 6/29/11 (83 days from NOA 1)

RFE 8/15/11 (Needed proof that Fiancee is in Canada legally, Philippine citizen)

Packet 3 - 9/6/11

Packet 4 - Never Received

Interview 12/1/11

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Filed: K-1 Visa Country: Canada
Timeline

It seems to be fine for the petitioner to visit the beneficiary with no problems, but it doesn't seem to be entirely true in reverse. We just had our interview Dec 1st in Canada and spoke to a man (beneficiary and Canadian Citizen) whom wanted to extend his stay in the USA and was denied due to being in process of a K1. During our (I say our because I was there with my fiancee) interview we told the interviewer that my fiancee was denied entry for a visitor visa in August of this year. My fiancee also had a letter from her employer (amongst a host of other evidence she would be returning) but she was still denied. He said "That makes sense since you had K Visa pending". I said I thought that would help since we have the NOA2 to present to show we are going about everything legally and that we wouldn't want to screw up our K1. He didn't go into detail, he just said "it is basically an automatic denial if you have a K Visa pending".

I know I have read on here about Beneficiary's visiting their Fiance(e) in the USA on the VWP and not having difficulties. I have also read in a couple instances where they have been denied at the border. By wait the interviewer said it seems like if the beneficary actually applies for a visitor Visa that most will be denied. "Automatic Denial" was the phrase that rang in my ear.

Your right about that. It does seem a bit more difficult for the beneficiary to come over. But I found between Canada and USA me and my fiancee had little problems. My fiancee visited me once or twice and at Immigration she simply told them she was coming to visit her fiancee. They didn't ask any questions about K1 visa being process, so we didn't tell them. Canadians are allowed to visit for 6 months at a time so there's no need for a tourist visa either.

By the way my fiancee had her interview the same day you did! Congratulations.

To OP: Sorry for going a bit off topic. I hope your visit is great!

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Filed: AOS (pnd) Country: Australia
Timeline

You can check the validity of your ETA through the Department of Immigration and Citizenship site HERE.

As long as nothing has changed - ie you still have the same passport, then the ETA should still be valid.

In regards to bringing anything with you, I probably wouldn't be too concerned about that (but keep in mind I'm an Aussie here so obviously coming into Australia is different for me than it would be for you). If it would make you feel better you could maybe bring your NOA1 - if asked you could tell them that you have no intention of staying in Australia as you are currently petitioning your fiance to move to the US.

Hope you have a safe trip and enjoy the holidays in Australia.

P.S Get ready for a new experience - it will be summer, so enjoy having a Christmas Day that will probably be 100F lol!!!

Thank you for the helpful advice! I think I'll bring a copy of my NOA1 just to be safe!

Thank you very much! I'm so excited about having a summer Christmas. Going to be so strange!

I visited my fiancee in Canada a few times while K1 was in process, and wasn't any trouble. Usually the return ticket clears up everything. If you're worried about it, a letter from your employer stating you'll be back to work on a certain date always works. I used to work for a non-profit moving between countries constantly, and these always were given to us; letters from employers are gold.

But between two 1st world countries and with Australia being such a low-fraud country, I'll think you'll be fine. Happy Holidays!

I visited my fiancee in Canada a few times while K1 was in process, and wasn't any trouble. Usually the return ticket clears up everything. If you're worried about it, a letter from your employer stating you'll be back to work on a certain date always works. I used to work for a non-profit moving between countries constantly, and these always were given to us; letters from employers are gold.

But between two 1st world countries and with Australia being such a low-fraud country, I'll think you'll be fine. Happy Holidays!

Thanks so much. I have two jobs and neither of my employers are too happy with me for going away for two weeks so I'm not sure I'd be able to get a letter. I can definitely try though! Thank you for the advice!

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Some ppl have also suggested previously that bringing a copy of your lease or mortgage, vehicle loan, things like that which prove you have a compelling need to return home at the end of your stay can help too.

In all honesty I really don't think you will have any issues. Of course, its always better to be safe than sorry, so if you have proof of ties to the US readily available to you it can't hurt to bring them and show them if you are questioned.

I personally know of 3 beneficiaries that visited the US while they had CR-1/IR-1 (spouse visa) cases pending - and none of them were questioned above the norm for entering the US. Since you are the petitioner going to the beneficiary's country, I don't think you will have a problem.

Good luck :star:

USCIS

30 Nov 2010 - Sent I-130 to Chicago

1 Dec 2010 - I-130 received at Chicago

18 Apr 2011 - APPROVED!! NOA2 text and email

NVC

29 Apr 2011 - Case entered into the system/Case number assigned; Medical Exam in Sydney

30 Apr 2011 - Police Check Application sent

2 May 2011 - Called NVC and got Invoice ID number

3 May 2011 - Sent DS-3032 email

4 May 2011 - Received email reply from NVC for DS-3032; Received Medical Exam results

5 May 2011 - AOS invoiced and paid

7 May 2011 - AOS package sent; IV invoiced and paid

9 May 2011 - AOS package delivered to NVC according to tracking

20 May 2011 - RFE for missing IV package....still waiting on Police Certificate!

24 May 2011 - Received Police Certificate after 25 days (so much for 7-10!); IV package sent

27 May 2011 - IV package delivered according to tracking

8 Jun 2011 - RFE for original marriage certificate; requested supervisor review since we KNOW it was in the package!

30 Jun 2011 - SIF and CC - FINALLY!!!!

13 Jul 2011 - Interview date assigned! Scheduled for August 9th @ 10am

9 Aug 2011 - Interview - APPROVED!!!!!!!!!!!!!!!!!!!!!!!!!

12 Aug 2011 - Visa in hand

24 Aug 2011 - POE @ LAX

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