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Posted (edited)

My fiancé has came to USA from U.K. a few times this year to visit me. I work for an airline company, and she is registered as flight companion, that implies the need for her to fly only to USA every time so we can go to other countries on vacations. Last time we came from South Korea, the immigration officer urged us to apply faster for the fiancé visa because my fiancé has traveled a lot to US and it might get her in trouble. I don't get a lot of holidays, and she has never stayed more than a month this year added together. She has taken a year off work in May, sacrificing, so we can spend more time together but we are afraid that next time we go on a trip in July, when we return to USA she might be denied entry. I have no idea whom to ask this kind of legal advice. Any advice is welcomed.

Edited by ChaeHo
Posted

This isn't legal advice...this is a community forum. :)

 

Well, the officer wasn't wrong. This is even more true now that she no longer has active employment to show her tie to return home. She could be denied entry at any time, but given that the officer warned her last time and she has fewer ties than before, it's more likely to happen. I wouldn't say it's likely to happen necessarily, but it is something to be prepared for if you go that route. And be sure to bring evidence of any existing ties to her returning country.

 

The other option is to file for a K-1 visa, get married in the US, then apply for a green card. But that's all assuming you want to get married inside the US and within ~6-8 months, then stay within the US. That won't fit in the July timeline, but it's a more long-term option.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Posted

 I am well aware this is community forum, but I have found  there are some features letting you contact immigration officers. We have applied for fiancé visa, and our application is pending. We know exactly what the next steps are. 

I forgot to add the fact she is enrolled in London Business School, so regarding the ties we could have that as proof.

Thanks and all the best.

Filed: Citizen (apr) Country: Ireland
Timeline
Posted

Since you are already petitioning her for the K1, you did what the immigration officer asked.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: K-1 Visa Country: Wales
Timeline
Posted

There is not a legal situation so nobody to ask, well she is  not a USC so can be denied at any time if the officer things she is abusing or will abuse the privilege.

“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.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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