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lucy884

Filing while beneficiary is still in the US

By lucy884 in K-1 Fiance(e) Visa Process & Procedures

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lucy884 Explorer

lucy884   3

Posted
Filed: AOS (pnd) Country: England
 Timeline
Posted

Hi again everyone

I'm having a last minute panic! I am in the US on a visa waiver at the moment and am not going back to the UK until 4th June. I've just heard that apparently if we file our I-129F while I am still in the US (was planning on sending this tomorrow finally) that it could look like fraud because the US govt can argue I entered on a visa waiver with the intention of filing for a fiance visa?

I don't understand! Has this been a problem for anyone else, or do we need to wait until I'm out of the US before filing? Arrrgh!! Please help!

AOS Timeline

7th Oct 2013 - Mailed I-485 package

15th Oct 2013 - NOA1 hard copy

4th Nov 2013 - RFE

8th Nov 2013 - Biometrics

13th Jan 2014 - USCIS confirmed receipt of returned RFE evidence

27th Jan 2014 - Received EAD card

Feb 2014 - Received potential interview waiver letter

19th July 2014 - AOS approved, green card in production :D

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Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

Plenty of people apply when in the USA and then go home after. I did it. Was never even asked about it and we (Canadians) don't even use VWP or any visa to enter.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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Xanax Proficient

Xanax   349

Posted
Filed: AOS (apr) Country: Australia
 Timeline
Posted

As far as I Know...

You're allowed to enter the US with the intention of filing a k-1. You're allowed to visit the US and you're allowed to apply for a visa.

You're not allowed to enter the US with immigration intent- ie/ intent to enter the US, get married and file for adjustment of status.

You plan to go home and wait for your visa. You have no plans to stay from what you have said, so filing while on holiday should not be a problem.

We became a couple : 2011-05-29
I visited him : 2011-10-28 - 2011-11-17
He visited me (and my crazy family) : 2012-02-05 - 2012-02-17
I-129F Sent : 2012-02-05
I-129F NOA1 : 2012-02-14
I entered on VWP to stay 3 months: 2012-04-11 - 2012-07-03
---
Went to get my medical done for interview in Australia (much cheaper in the US and I was already here):2012-05-20
Medical issue diagnosed
K-1 petition cancellation request sent to CSC : 2012-06-01
Married: 2012-06-21
Filed for AOS : 2012-08-08
NOA1 : 2012-08-10
Biometrics : 2012-09-14
EAD approved : 2012-10-16
Applied for SSN : 2012-11-01
Received SSN : 2012-11-13
Received interview notice :2012-12-27
Interview- APPROVED :2013-01-28
Green card received :2013-02-04
Baby girl born :2013-03-09

Filed for ROC :2014-12-05
NOA :2014-12-11
Biometrics : 2015-01-15

ROC Approval : 2015-05-14

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lucy884 Explorer

lucy884   3

Posted
Filed: AOS (pnd) Country: England
 Timeline
  • Author
Posted

Thank you all so much! All I was hoping is for some of you to reply and say that you'd done it and it was not a problem - thank you (L)

The thought of having to put this off for another month would kill me slowly :no:

AOS Timeline

7th Oct 2013 - Mailed I-485 package

15th Oct 2013 - NOA1 hard copy

4th Nov 2013 - RFE

8th Nov 2013 - Biometrics

13th Jan 2014 - USCIS confirmed receipt of returned RFE evidence

27th Jan 2014 - Received EAD card

Feb 2014 - Received potential interview waiver letter

19th July 2014 - AOS approved, green card in production :D

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