Visa K-1 + tourist visa

[Tdeboevre 2]

Hello there,

I live in France and met Michelle, while she was working here.

She sent out a I-129F petition on 8 December 2011. We received the NOA1 on 12 December.

Our wedding is planned on June 30 2012.

Looking at the various timelines and guides, it appears that we are in a more than tight schedule...

Thus I just would like to know IF it's possible for me to go to the USA, say in April/May, with a tourist visa. And get married in June, hoping that the full process will be over by then.

I am not looking for a visa fraud or sneak around the laws/procedures.

And I know I will/would have to get back to France at some point to have the interview in the US embassy in Paris.

But is it an issue to go to the US on a toursit visa, with the intent of going back to France, while the K-1 visa process is still ongoing?

Thanks in advance, and I hope I didn't miss an obvious topic that would have answered my question.

Thomas

[Harpa Timsah 13,258]

If you get married before the K-1 is issued, you will have to start over with a spousal visa. The K-1 is to get married in the US, after issuance, within 90 days of entry into the US.

[Rufus2012 175]

Hello there,

I live in France and met Michelle, while she was working here.

She sent out a I-129F petition on 8 December 2011. We received the NOA1 on 12 December.

Our wedding is planned on June 30 2012.

Looking at the various timelines and guides, it appears that we are in a more than tight schedule...

Thus I just would like to know IF it's possible for me to go to the USA, say in April/May, with a tourist visa. And get married in June, hoping that the full process will be over by then.

I am not looking for a visa fraud or sneak around the laws/procedures.

And I know I will/would have to get back to France at some point to have the interview in the US embassy in Paris.

But is it an issue to go to the US on a toursit visa, with the intent of going back to France, while the K-1 visa process is still ongoing?

Thanks in advance, and I hope I didn't miss an obvious topic that would have answered my question.

Thomas

You can visit on a tourist visa if you get one. However, if you get married here on that visa, even if you leave the US afterwards, you will not be granted a fiance visa.

It is generally advised not to make any plans until the visa process is complete - you just don't know when you'll be able to move to the US. Don't make any commitments that will cost you if you have to change them (eg. deposit for a wedding venue).

Edited January 2, 2012 by Rufus2012

[Inky 1,110]

Sorry but if you marry before you have the K-1 it becomes VOID. The K-1 is NOT for spouses.

You have to start all over again with a 1 year long wait in France until you obtain a spousal visa ( CR-1 ).

[Tdeboevre 2]

Ok, that's what I had figured out.

So worst case, I am going to the US on a tourist visa (I am part of the Visa Waiver Program), not marry Michelle, come back either when I am called by the US embassy for interview or when my visa expires (90 days) and head back to the US once I have my K-1 finalized.

[didopage 337]

It's not easy to plan a date with that kind of process but your wedding date looks risky, yep. Hope you didn't begin to book some things yet.

Now that you started the petition, I would wait that your K1 be issued. As you said, if you want to go visit her before the interview, you can go as a tourist with the VWP. Keep in mind that even if you don't need a visa to visit the US for less than 90 days, you will still need to have proofs that you will be back in France before the end of the 90 days. Take also your NOA1 and other docs that will show to the immigration officer that you guys are doing the things the legal way.

[Tdeboevre 2]

It's not easy to plan a date with that kind of process but your wedding date looks risky, yep. Hope you didn't begin to book some things yet.

Now that you started the petition, I would wait that your K1 be issued. As you said, if you want to go visit her before the interview, you can go as a tourist with the VWP. Keep in mind that even if you don't need a visa to visit the US for less than 90 days, you will still need to have proofs that you will be back in France before the end of the 90 days. Take also your NOA1 and other docs that will show to the immigration officer that you guys are doing the things the legal way.

Will do. Thanks.

[Helen Louise Pile 80]

Ok, that's what I had figured out.

So worst case, I am going to the US on a tourist visa (I am part of the Visa Waiver Program), not marry Michelle, come back either when I am called by the US embassy for interview or when my visa expires (90 days) and head back to the US once I have my K-1 finalized.

Not worst case Best case! VWP means you can visit easily, not everyone enjoys that privilege.

I visited for 88 days during our wait and when I got home my packet 3 was waiting for me.

You can easily do this! Check VJ on tips for making sure there are not problems at POE. (even on vwp you can be denied entry if they believe you will stay)

You'll have to book a return flight for sometime before your 90 day window closes, you could make sure you can change the date and come home early if you receive packet 3. Your fiancee will get the the NOA2 so you'll know when it's approved.

One thing I wished I'd done was get my immunization records and police certificate before it was needed (before I left for the US for my visit), that cost us about 2 weeks.

Good luck!!

[Tdeboevre 2]

Hello again,

Thank you for all the answers and messages.

Another quick technical question: from the moment I filled the I-129F and now, I changed my postal address.

Does it have to be mentioned to the USCIS?

TIA

Thomas

[Tdeboevre 2]

Hi again,

Question time!

1) I was reading the boards and the USCIS website this morning,and I am getting confused about the "work" matter.

As far as I understood, once my K-1 Visa is granted, and once I am in the US (maybe even before), I could apply for a SSN, that would allow me to work.

Now after reading, I think I understood that I will need to fill an I-765 (authorization to work). Either a stand alone or combined with the I-485.

So I am a little confused about when I could actually apply for a job.

Even a "small" one, in order to not be a burden to my fiancée.

Not that she cannot handle both of us financially speaking, but I am not the kind of sitting in a chair and watch other work.

I don't want to fraud or anything like that, so I'd rather ask and be sure, than assume and be wrong.

2) On another matter, I currently work in France as a Purchasing consultant for a French based company.

They might be able (still a project) to offer me a Consulting mission based in the US.

How would that interfere with my current K-1 visa process?

The reason behind that question is that, IF that was to become true and IF that was compliant with the K-1 current process, I could already have a job in the US and make some money, instead of living off my fiancée's income.

If anyone has a clear idea on how that could/would work...

But once again, it is only a project. Still have to figure out when they would like me to start, and if I would have a US or French based work contract.

Thank you for all answers, remarks, advices.

[didopage 337]

After your K-1 is issued, you can get married as soon as you arrived to the US, and applied right away for the adjustement of status and EAD (Employment Authorization). It takes about 3 months to receive it and then you can work… You can't work before having it… from what I understood after reading forums. Other members will confirm (or not ).

About SSN card, this is what I found in the VJ guides:

"Your card, when you receive it, will be marked with the words "VALID FOR WORK ONLY WITH INS AUTHORIZATION" indicating to an employer that you must also have an unexpired EAD to be eligible to work."

So you need to wait for the EAD card.

Edited January 15, 2012 by didopage

[Tdeboevre 2]

Not worst case Best case! VWP means you can visit easily, not everyone enjoys that privilege.

I visited for 88 days during our wait and when I got home my packet 3 was waiting for me.

You can easily do this! Check VJ on tips for making sure there are not problems at POE. (even on vwp you can be denied entry if they believe you will stay)

You'll have to book a return flight for sometime before your 90 day window closes, you could make sure you can change the date and come home early if you receive packet 3. Your fiancee will get the the NOA2 so you'll know when it's approved.

One thing I wished I'd done was get my immunization records and police certificate before it was needed (before I left for the US for my visit), that cost us about 2 weeks.

Good luck!!

Necroposting a bit, but as I am about to leave (early April) for the US to spend some quality time with my fiancée, I was wondering if there was a limited time to return the packet 3.

My I-129F is currently in NOA1, and should be approved (if positive) around end of April/early May.

As far as I understand, after NOA2, it takes a couple of weeks to receive the packet 3.

Thing is that I will try to spend as much time as possible in the US, only planning to come back early July. And yes, I took a flexible flight, just in case.

But the question is : can the packet 3 wait for my return in July? I know it will impact the next steps schedule, but besides that, any issue?

TIA

Thomas

[didopage 337]

Hmm I don't know if there's a limited time to return the packet 3, you should ask directly to the Paris embassy.

But why stay in the US until July and delay the process when you can have your visa around July (and have unlimited quality time with you fiancee then)? If you take a flexible ticket, I advise you to come back when you know your Packet 3 is in your mailbox (have maybe someone to check your mailbox for you?). After you return your packet 3 to the embassy, you should have your interview about 1 month later.

So let's say you have your NOA2 around end of April/beginning of May, interview in June, visa on hand end of June/early July, maybe?

Edited March 1, 2012 by didopage

[Peter_Pan 661]

Hello there,

I live in France and met Michelle, while she was working here.

She sent out a I-129F petition on 8 December 2011. We received the NOA1 on 12 December.

Our wedding is planned on June 30 2012.

Our NOA1 is November, the 25th, and the wished weddign day is June, 24th. I am guessing we are pretty close, but I havent given up hope just yet.