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Filed: Timeline
Posted

Hello Room :-)

Can a non-immigrant spouse visit the country while waiting for 1-130/I-129F approval in that same country (United States).

I think you will find the ability to do what you are requesting varies by country. Nationals from VWP countries are typically considered low risk to overstay so it makes sense they would be more likely to gain admission while an immigrant visa application is pending.

I believe your spouse is from Nigeria (from looking at your profile) - suggest you do some more research relative to experiences from Nigeria before making plans. Ultimately the decision as to whether to allow entrance resides with the officer at POE. In other words, there is a risk that even with a visa the holder may not be allowed entrance.

Best of luck in this and your visa journey.

Filed: K-1 Visa Country: Thailand
Timeline
Posted (edited)

The barrier is always going to be proving substantial ties to home country.

With a pending K-1, CR-1 you already show an intent to immigrate. The burden of proof would be very high for a non VWP country.

The process is pretty easy and inexpensive. No harm in trying, but your chances are slim.

If the "B" is denied, it has no effect on the pending K-1, CR-1. So you would just be out a little time and money.

Edited by slowlyman
Filed: Other Country: United Kingdom
Timeline
Posted

The process is pretty easy and inexpensive. No harm in trying, but your chances are slim.

If the "B" is denied, it has no effect on the pending K-1, CR-1. So you would just be out a little time and money.

I have to comment there, agree with the rest of your post but not that bit.

I obviously have no idea about your own personal finances but the fees for a B2 aren't necessarily 'inexpensive' for every one.

I applied for one a couple of months ago.

£100 application fee

£15 to get visa photo from photographer

£70 train fare to London

£100 for one night hotel in London (only because I'm a member of a private club that has very reasonable accommodation rates for London compared to the usual £100-£200 per night for reasonable hotel)

£40 for various miscellaneous costs

Plus losing around £250 taking 2 unpaid days off work.

So that application cost me somewhere in the region of £575(approx $943).

While not disastrous for my finances it did make juggling bills that month a little more interesting.

It's very easy to say you can't put a price on visiting your loved ones but for those without much money that could be a huge price to pay if you're almost guaranteed a denial.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

Filed: K-1 Visa Country: Thailand
Timeline
Posted

Ya, I guess it's all relative. I was thinking only of the actual Visa fee. Which is small compared to the cost of a K-1, CR-1. The travel cost and such would vary greatly from country to country.

When my wife went, she was already living in Bangkok, so it was just the cost of the visa and cab fare to the consulate.

Filed: Other Country: United Kingdom
Timeline
Posted

Ya, I guess it's all relative. I was thinking only of the actual Visa fee. Which is small compared to the cost of a K-1, CR-1. The travel cost and such would vary greatly from country to country.

When my wife went, she was already living in Bangkok, so it was just the cost of the visa and cab fare to the consulate.

True, it is all relative. Just seems that's a line that gets put out time and time again on lots of threads from lots of people, 'just apply, it's cheap and you just lose the fee'.

It just might not be that easy for everyone to just give up a week or twos wages on a slim chance.

August 2000: We start e-mailing. I'm in Bosnia, she's in Florida

October 29th 2000: She sends me e-mail asking if I would marry her

October 29th 2000(5 seconds later): I say yes

November 2000: She sends me tickets to Orlando for when I get back

December 6th 2000: Return from Bos

December 11th 2000: Fly to Orlando, she meets me at airport

December 22nd 2000: I fly back to UK

January 3rd 2001: She flies to UK (Good times)

Mid February 2001: Pregnancy test Positive

Mid February 2001: She flies back to US

March 2001: Miscarriage, I fly to US on first flight I can get

May 2001: I leave US before my 90 days are up

June 2001: I fly back to US, stopped at airport for questioning as I had only just left

September 2001: Pregnancy test Positive again

September 2001: She falls sick, I make decision to stay to look after her as I am afraid I may have problems getting back in.

April 16th 2002: Our son is born, we start getting stuff together for his passport

March 6th 2003: We leave US for UK as family

Early April 2003: Family troubles make her return to US, I ask Embassy in London about possibilities of returning to US

April 16th 2003: London Embassy informs me that I will be banned from the Visa Waiver Program for 10 years, my little boys first birthday

June 13th 2006: I-129f sent

August 11th 2006: NOA1 Recieved

After our relationship breaks down she admits to me that she had never bothered to start the application process

 
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