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Terapin

Visiting to often?

By Terapin in Tourist Visas

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Terapin Explorer

Terapin   10

Posted
Filed: Timeline
Posted

My g/f and I have been together for a couple of years now. She has a tourist visa (Philippines) Im a USC. She took early retirement last year from her job, so we made the best of it..

January 2015 til June 2015 She was here in the US

June to Sept 2015 we were in Makati.

In September, we came back to the US for a wedding. Entered through Chicago, and we spent the next 3hrs being interviewed.

Immigration went through her luggage, phone, tablet. Read emails, text messages etc etc. They permitted her entry but it was kind of a reality check for me. It scared her so much, she cut her visit short and went back home.

Fast forward to today. We decided to get married, and filed for a k1 visa back in December. We are going on vacation then planning on coming back here. She and now me are getting worried that she will be denied entry. Any advice or

at least a friendly word?

AOS Filed : July 12
NoA Date : July 29
Bio. Appt. : Aug 11
RFE for AOS Sept 6
RFE response Sept 13
RFE #2 NOV 5 (114 days)
RFE hardcopy arrived Nov 9 2016

Had 3025 transcribed by a civil surgeon.
Mailed back to uscis
127 days=485 . . 89 days=EAD
Nov 16 2016
Nov 27 New Card Being Produced

Nov 28 Approved

Dec 2 Card mailed

Jawaree Grand Master

Jawaree   718

Posted
Filed: Timeline
Posted

Spending Jan-Sept here and returning sept after a trip abroad

makes ir seem as if she does live here , retired or not....why not

wait on the K1 app already in

They searched her devices to find out if she live or work here. all

this was entered in their data-base, she needs to stay home for at

least 9 mths B4 trying to come back to the US or she will be denied

entry & possible grief. Vacation outside the US or you go see her.

The spousal petition after marriage is a bit longer than K1.

To enter as a tourist with the intent to AOS is fraud/misrep

Boiler Grand Master

Boiler   45,761

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Her card is marked for obvious reasons.

She will need to file US taxes for last year.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Terapin Explorer

Terapin   10

Posted
Filed: Timeline
  • Author
Posted

Sorry if I wasn't clear. No we are not getting married till the k1 is complete. Not working here in the states. She was going to come back to the states on her tourist visa.

Just worried because it is within 6 months of her last visit.

AOS Filed : July 12
NoA Date : July 29
Bio. Appt. : Aug 11
RFE for AOS Sept 6
RFE response Sept 13
RFE #2 NOV 5 (114 days)
RFE hardcopy arrived Nov 9 2016

Had 3025 transcribed by a civil surgeon.
Mailed back to uscis
127 days=485 . . 89 days=EAD
Nov 16 2016
Nov 27 New Card Being Produced

Nov 28 Approved

Dec 2 Card mailed

az2014 Community Regular

az2014   381

Posted
Filed: Timeline
Posted

Sorry if I wasn't clear. No we are not getting married till the k1 is complete. Not working here in the states. She was going to come back to the states on her tourist visa.

Just worried because it is within 6 months of her last visit.

How long did she stay in September?
Mike-eeh and Odie Community Regular

Mike-eeh and Odie   193

Posted
Filed: K-1 Visa Country: Philippines
 Timeline
Posted

Here's the thing, a good rule of thumb is to stay out of the USA as much as you are in the USA. However, from high fraud countries like PI, they usually like to see one stay out a bit longer. In addition, with a pending K-1, she is already proving immigrant intent, so there is a chance they may deny her entry based on that. Secondly, if and when she enters on her K-1, her B-2 is auto-cancelled.

Terapin Explorer

Terapin   10

Posted
Filed: Timeline
  • Author
Posted

Mike/Odie. Thank you for the answer, and explanation. She had that visa for 3yrs. Never had a problem before, till last year.

We always played by the rules, and it really caught us off guard.

Thanks again. And thanks for not assuming something that is not there.

AOS Filed : July 12
NoA Date : July 29
Bio. Appt. : Aug 11
RFE for AOS Sept 6
RFE response Sept 13
RFE #2 NOV 5 (114 days)
RFE hardcopy arrived Nov 9 2016

Had 3025 transcribed by a civil surgeon.
Mailed back to uscis
127 days=485 . . 89 days=EAD
Nov 16 2016
Nov 27 New Card Being Produced

Nov 28 Approved

Dec 2 Card mailed

Boiler Grand Master

Boiler   45,761

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

How long did she stay in September?

This

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Terapin Explorer

Terapin   10

Posted
Filed: Timeline
  • Author
Posted

31 days

AOS Filed : July 12
NoA Date : July 29
Bio. Appt. : Aug 11
RFE for AOS Sept 6
RFE response Sept 13
RFE #2 NOV 5 (114 days)
RFE hardcopy arrived Nov 9 2016

Had 3025 transcribed by a civil surgeon.
Mailed back to uscis
127 days=485 . . 89 days=EAD
Nov 16 2016
Nov 27 New Card Being Produced

Nov 28 Approved

Dec 2 Card mailed

TBoneTX Grand Master

TBoneTX   45,661

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

How long did she stay in September?

31 days

Overstay... September has only 30 days...

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

  • 4 weeks later...
Terapin Explorer

Terapin   10

Posted
Filed: Timeline
  • Author
Posted

Update.. They did not refuse her entry. For the people that offered honest advice, thank you.

2016-02-20_17.52.42_zpsfjzj8jvr.jpg

AOS Filed : July 12
NoA Date : July 29
Bio. Appt. : Aug 11
RFE for AOS Sept 6
RFE response Sept 13
RFE #2 NOV 5 (114 days)
RFE hardcopy arrived Nov 9 2016

Had 3025 transcribed by a civil surgeon.
Mailed back to uscis
127 days=485 . . 89 days=EAD
Nov 16 2016
Nov 27 New Card Being Produced

Nov 28 Approved

Dec 2 Card mailed

TBoneTX Grand Master

TBoneTX   45,661

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

That's good news. Thanks for the update.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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