Will my fiance be able to visit me?

[Joshua Kaufman 1]

I'm currently living in Zürich, Switzerland and am in the process of completing my I-129F. However, I plan to find a new job in the States soon and will likely be moving by May 2007. In the meantime, my fiance would like to visit me in the States. A few questions spring to mind:

1. Can she even do this while my I-129F is processing?

2. I know she needs to be in Munich to process the K-1 visa, but is it possible to time things so that she can spend several months in the U.S. and then return to process her visa? Or is timing too important not to be in Munich for an extended period of time?

3. If she does visit, what should she tell the border police?

Thanks!

Edited February 25, 2007 by Joshua Kaufman

[KarenCee 3]

She can as long as she shows strong ties to her home country, and most of the time a return ticket isn't strong enough. Things like a lease or mortgage, proof of employment, bills, that sort of thing. I'm sure there are other types of proof that I haven't mentioned. However, when she comes to the POE, she should be truthful. Lying is a NO NO.

[Augustajim 0]

This is primarily true but people that fall under VWP I don't beieve have to show that proof. Here are the VWP countries. I might be wrong.

Which countries participate in the Visa Waiver Program (VWP)?

Currently, 27 countries participate in the Visa Waiver Program, as shown below:

Visa Waiver Program - Participating Countries.

Andorra

Iceland

Norway

Australia

Ireland

Portugal

Austria

Italy

San Marino

Belgium

Japan

Singapore

Brunei

Liechtenstein

Slovenia

Denmark

Luxembourg

Spain

Finland

Monaco

Sweden

France

the Netherlands

Switzerland

Germany

New Zealand

United Kingdom

http://travel.state.gov/visa/temp/without/....html#countries

She can as long as she shows strong ties to her home country, and most of the time a return ticket isn't strong enough. Things like a lease or mortgage, proof of employment, bills, that sort of thing. I'm sure there are other types of proof that I haven't mentioned. However, when she comes to the POE, she should be truthful. Lying is a NO NO.

Edited February 25, 2007 by Augustajim

[LookyWhatIFound 38]

This is primarily true but people that fall under VWP I don't beieve have to show that proof. Here are the VWP countries. I might be wrong.

Which countries participate in the Visa Waiver Program (VWP)?

Currently, 27 countries participate in the Visa Waiver Program, as shown below:

Visa Waiver Program - Participating Countries.

Germany

I believe Augustajim is right, Germans can travel to U.S. without a Visa for 90 days.

I have no idea what the border guards would ask, maybe a good question for the U.S. Embassy in Germany?

When you find out your Visa petition is at the NVC she could travel back to Munich.

Lets see if anybody else here has input on this.

[flutter95 4]

Even though you CAN travel without a visa, doesn't mean you don't have to show that your going home!

They have done that to me numerous times when I visited my then fiance. They can see if you have a K-1 in process and they may or may not want to make sure your going to go home before getting married so you don't bypass the fiance visa.

There is nothing saying you CAN'T visit, you can. But its up to the immigration officer if they let you visit or not. I never tried it during the process because of the hassle I got before we were even in the K-1 process. But that doesn't mean you will get hassle.

[Augustajim 0]

To me, as soon as the NOA2 comes so should a 30-90 day travel visa. Thus allowing the SO to see if they like life in America. But nothing is left up to me. It seems silly to me that I can go to and from China at will, yet she can't come here once without a 8-10 month paperwork nightmare. There is my rant for the week, lol

[msu17 0]

AugustJim, SO true!!! Oh well. Yes, you still need to show evidence though coming from a VWP country. Several people from the UK have told me they were questioned and asked to show the evidence and at least one was sent home (though I think he'd overstayed previously). There have been several posts previously about this, so search a bit and you may find some more info. Any which way, staying for a shorter period of time rather than a few months will look less suspicious. Also consider going back a week or so after NOA2 so your fiance will be home to get packet 3! Since you have been in his country, I'm guessing you may have not spent that much time apart (lucky you!) so feel free to ask if you need any tips on good ways to communicate long distance

[TimsDaisy 0]

She can use the VWP, she should also have as much paperwork as possible to show ties to her home country. Mortgage or lease. Letter from employer saying there has been x amount of time approved off and she is expected back to work on x date. Return ticket. perhaps calendared events in Germany (invitations to weddings back there? something to support her contention that she'll be going home). I would also say she should take copies of all the I-129F documentation so she can be as forthcoming as possible: "Look, we're doing this the right way. We are in the legal proces. I won't jeopardize that. Here's my return ticket. No wedding plans until the visa clears." Have her bring bank statements, as much cold, hard accounting of her financial independance as possible. And then a cheery, open, frank, respectful, and appropriately fearful disposition.

And, as I mention in all posts related to these concerns - NEVER FLY INTO SAN FRANCISCO INTERNATIONAL AIRPORT. They're just really, really good at finding reasons to bounce would-be visitors.

Oh - important questions - does she have ANYTHING in her background that would cause them to pause? Arrests? Ever overstayed anything before? Has she been in and out of the US in the past (showing she can follow the rules is as important as evidence that she's broken them).

Paper evidence is the most important thing to amass. Good luck!

p.s. she needs to say she's visiting her fiance. they'll say "is he an american citizen" she'll say yes, and then she should be prepared to whip out all the documents if/when they take her into an interview room. Tell her to practice staying calm. No crying or hysterics - I doubt they are sympathetic to much. she shouldn't try to avoid saying the f word - fiance - because they will likely have a note in the computer or whatever and she doesn't want them to think she has any explaining to do.

Edited February 26, 2007 by TimsDaisy

[Joshua Kaufman 1]

Thanks for the very helpful information TimsDaisy!

And, as I mention in all posts related to these concerns - NEVER FLY INTO SAN FRANCISCO INTERNATIONAL AIRPORT. They're just really, really good at finding reasons to bounce would-be visitors.

Bummer! That's most likely where she would flying into.

Oh - important questions - does she have ANYTHING in her background that would cause them to pause? Arrests? Ever overstayed anything before? Has she been in and out of the US in the past (showing she can follow the rules is as important as evidence that she's broken them).

Her record is clean, BUT two years ago we had a very bad experience at JFK airport and she got into a bit of trouble. Her son's passport wasn't machine readable even though all passports had to be machine readable several months earlier. That, along with the power trip the border office went on, didn't go down so well with my German I-say-exactly-what-I-think girlfriend. She was fined and apparently her 8-year-old son was put on some sort of probation - as if he was an international criminal! However, since then, she entered and left once without a hitch (without her son).

I'm still a little concerned about timing of any visits. I wouldn't want her to plan to visit for a few months only to screw up the K-1 process because she wasn't in her home country...

[The Molinas 0]

German I-say-exactly-what-I-think girlfriend thats what my husband calls me too, his german I-say-exactly-what-i-think wife....

[TimsDaisy 0]

Fly into LAX and pay the extra $150 for a flight from LAX to NorCal. Seriously, from what I heard from two different immigration attorneys, SFO is #1 in the country for nabbing and rejecting would-be visitors. I have no data to back that up.

Perhaps a connecting flight in Philly? Somewhere else on the East Coast?