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BKelly

Traveling with VWP while k1 visa in the process

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

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BKelly Contributor

BKelly   1

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
Posted

Hi, just had a few questions , My fiance has traveled to the USA 2 times to visit me , the last time was for thanksgiving. I will be having a baby, planned induction on Feb 25th if all goes well , he would like to come for 3 weeks. He has planned on getting a flight and being hear for the birth of our child ,he will buy a round trip ticket and have notice from employer stating that he needs to be back to work on such and such date. Our questions are , He stayed for a week during thanksgiving and went back after that week, does he have to wait the 90 days for re entry? His stamp says he was valid to stay till 16th of feb 2013 hes not stayed the full 90 days given for the vwp. Also Does the VWP cover the fact hes coming over for our baby's birth?

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Xanax Proficient

Xanax   349

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

He can travel on the Vwp for the birth of your child, there is no restriction.

You fiance does not need to wait 90 days to re-enter the US. He will get a new stamp in his passport for this trip.

Keep in mind: your fiance can be denied by Cbp if they believe he won't be returning home so make sure to bring all the evidence to say he is returning home!

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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BKelly Contributor

BKelly   1

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
  • Author
Posted (edited)

Thanks so much for your reply! We tried asking CBP and well the response was interesting that we got back but didn't answer our question . This clears that up and we plan to have all evidence hes returning after the 3 weeks ready to go at the port of entry.

He can travel on the Vwp for the birth of your child, there is no restriction.

You fiance does not need to wait 90 days to re-enter the US. He will get a new stamp in his passport for this trip.

Keep in mind: your fiance can be denied by Cbp if they believe he won't be returning home so make sure to bring all the evidence to say he is returning home!

Edited by BKelly
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Xanax Proficient

Xanax   349

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

Thanks so much for your reply! We tried asking CBP and well the response was interesting that we got back but didn't answer our question . This clears that up and we plan to have all evidence hes returning after the 3 weeks ready to go at the port of entry.

Goodluck and congratulations! We're due mid March :)

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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BKelly Contributor

BKelly   1

Posted
Filed: K-1 Visa Country: United Kingdom
 Timeline
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Posted

Awesome! Hope all goes well! We was due March the 3rd but have GD so they are going to take her early :) And waiting on our petition for noa 2 should be any day now or maybe in a month lol

Goodluck and congratulations! We're due mid March :)

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