visiting while on K-1 petition

[pmarshall 9]

Hi all,

I have a couple of questions really before we send our petition.

1. Can i visit my fiancee (petitioner) in the US while a petition is in progress ? do i need to take anything when traveling

2. Can i go to a US bank with $340 and get a cheque made for sending with the K-1 ? Fiancee has no chequebook.

3. A bit confused on the convictions part of the K-1, it seems to be aimed at abuse, My fiancee has a DWI at the moment and on probation and no other drug/drink offences. do i tick no on the 3 convictions questions ?

4. Do we only send the K-1 i-129f form and a cheque to start with ?

Thanks for your help

Regards

Paul Marshall

[Misha'sgirl 44]

Hi all,

I have a couple of questions really before we send our petition.

1. Can i visit my fiancee (petitioner) in the US while a petition is in progress ? do i need to take anything when traveling

2. Can i go to a US bank with $340 and get a cheque made for sending with the K-1 ? Fiancee has no chequebook.

3. A bit confused on the convictions part of the K-1, it seems to be aimed at abuse, My fiancee has a DWI at the moment and on probation and no other drug/drink offences. do i tick no on the 3 convictions questions ?

4. Do we only send the K-1 i-129f form and a cheque to start with ?

Thanks for your help

Regards

Paul Marshall

Answer 1. My fiance and I tried to get a tourist visa for him so we could visit my family in the U.S. for the holidays but were denied because the consulate told us it is against the law for him to issue a visa while we are in the K1 process. But I don't know if that is true for all cases.

Answer 2. You should write a personal check.

Answer 3. Can't help you there...

Answer 4. No. You need to send several forms. You can see everything you need to send here: http://www.visajourney.com/content/k1guide under "Assembling the I-129f Package: Checklist."

Advise. You should follow the instructions completely and don't cut corners otherwise you risk being issued an RFE, which lengthens your wait time.

Edited December 23, 2013 by Misha'sgirl

[pmarshall 9]

I live in the UK so I do not need a visa to visit ??

[Misha'sgirl 44]

https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm#vwp2

[Cathi 5,795]

Answer 1. My fiance and I tried to get a tourist visa for him so we could visit my family in the U.S. for the holidays but were denied because the consulate told us it is against the law for him to issue a visa while we are in the K1 process. But I don't know if that is true for all cases.

Answer 2. You should write a personal check.

Answer 3. Can't help you there...

Answer 4. No. You need to send several forms. You can see everything you need to send here: http://www.visajourney.com/content/k1guide under "Assembling the I-129f Package: Checklist."

Advise. You should follow the instructions completely and don't cut corners otherwise you risk being issued an RFE, which lengthens your wait time.

it is NOT against the law to visit with a k1 pending, you either misunderstood or you were given the wrong information. The OP is from a VWP country and doesn't need a visa

To the OP: you can visit but it will ultimately be up to the cbp officers discretion if they allow you in with a pending k1. Make sure you bring proof that you will be returning to your country. They want to make sure you won't attempt to marry and stay and adjust status

Edited December 23, 2013 by mimolicious

[pmarshall 9]

So is that a 'I can't visit' ??

I'll have return ticket and letter of employment !!

I hope I can visit as its a long process not to be able to visit

Paul

[Misha'sgirl 44]

it is NOT against the law to visit with a k1 pending, you either misunderstood or you were given the wrong information. The OP is from a VWP country and doesn't need a visa

To the OP: you can visit but it will ultimately be up to the cbp officers discretion if they allow you in with a pending k1. Make sure you bring proof that you will be returning to your country. They want to make sure you won't attempt to marry and stay and adjust status

There wasn't a misunderstanding. Technically it IS against the law because Russia is not a country that participates in the VWP.

I did just give the OP a link answering his question. He can try to get it, because his country participates in the VWP but you're right: its up to the CBP officer.

Good advise about bringing proof. That'll have a lot to do with if it is accepted.

[Nich-Nick 3,354]

The top thread in this forum says "Yes you can visit!" Read it before you go on VWP so you k ow what to take.

Your fiancé starts it off with the I129F petition. Get her to write the check or go purchase a money order at the post office with your cash.

There are extensive guides to study. You have a link given already. Or see the blue menu bar at the top for GUIDES. Become knowledgeable before you jump in.

Not sure which form you mean for convictions because K1 is not a form. A petitioner with a DWI is not as bad as a beneficiary with alcohol convictions. Yes, she has a conviction. Which form?

The abuse part is to protect unsuspecting foreign fiance's from moving to the US to a bad situation. Your UK convictions or cautions (if any) will also be revealed and could make you inadmissable to the US. But if you are using VWP, then you must not have any because that is a question when you fill out ESTA to travel visa free.

[pmarshall 9]

Wow this could put a strain on our relationship not seeing each other for nearly 8 months.

[Misha'sgirl 44]

So is that a 'I can't visit' ??

I'll have return ticket and letter of employment !!

I hope I can visit as its a long process not to be able to visit

Paul

Paul,

You can apply here: https://esta.cbp.dhs.gov/esta/esta.html?_flowExecutionKey=_c4B13883D-0384-D4AB-1228-2BC1DC3D3C9A_kB78AC067-F363-E140-F70C-51FE803DFEAA for the VWP

Use your return ticket and letter of employment as evidence that you'll return to your country. Any other documentation that proves you have ties to your country.

It is a long process. But at leastyou have the opportunity to apply witht he VWP. Some countries don't....Found out the hard way. Be prepared to wait months though if you are not accepted though when you apply for the VWP... There's always that chance.

[pmarshall 9]

My US fiancee has DWI and I have no convictions plus I have a valid esta

I'll read more, thanks

I also have a business in the UK I can bring those documents too.

[Nawlinshoney 7]

Yes you can visit as far as I am aware. I don't believe the DWI is a problem. They do have a checklist of things to send from memory here are some: 2 passport size photos, 2 of you and 2 of your fiancée against a white backround ( on the back of the photo write your full name on yours and fiancée full name on her picture., A letter of intent to marry one from u and one from your fiancée (They have samples of these documents online). If you have a passport a copy of it front to back, copy of your birth certiface proving u are a US citizen. A letter from 2 people stating that they know you and your fiancée is really in a relationship.(Also they have samples of these documents online). And you need to send the Biglography form for you and your fiancée completed. The form name starts with a "D" I cant remember the numbers off the top of my head. If you can not find get back to me and I will look it up for u. If you send it all the first time u will avoid looising time. Also at least 4 pictures of you two together(on the back of the picture u must write your name and fiancée name and where the picture was taken.

[baron555 934]

So is that a 'I can't visit' ??

I'll have return ticket and letter of employment !!

I hope I can visit as its a long process not to be able to visit

Paul

No you can attempt to visit but at any time you could be turned back if you don't have good ties to show that you will return to your country.

Shouldn't be an issue but it can be, especially once you guys file the petition, the border officers will see that in their system and have to make a decision.

[pmarshall 9]

Wow I was under the impression I took proof, photos etc to my interview not the i-129f stage

Thanks

[Cathi 5,795]

There wasn't a misunderstanding. Technically it IS against the law because Russia is not a country that participates in the VWP.

I did just give the OP a link answering his question. He can try to get it, because his country participates in the VWP but you're right: its up to the CBP officer.

Good advise about bringing proof. That'll have a lot to do with if it is accepted.

it isn't against any law to visit the US with a pending petition if you have a tourist visa or are from a VWP country, which the OP is from. The only time it's illegal is if you enter the country illegally