Relocation to the US during K-1 processing

[Crazy Cat 41,183]

4 minutes ago, DmytriiD said:

Do you have some extra info?

K-1 interview will be in your home country unless you are a legal resident in another country.

[Enigma11561 336]

My wife is from Belarus. Her interview was in Warsaw, Poland. The only U.S. Embassy is in Minsk ( Belarus) and they do not do visa interviews.

[Illiria 980]

8 minutes ago, Enigma11561 said:

My wife is from Belarus. Her interview was in Warsaw, Poland. The only U.S. Embassy is in Minsk ( Belarus) and they do not do visa interviews.

This is rare but another way in which some people end up having to interview in a country other than their home country. Note that this is not something you get to choose.

[NikLR 13,227]

7 hours ago, missileman said:

K-1 interview will be in your home country unless you are a legal resident in another country.

THIS. You can K1 interview in any country you are a legal resident of.  So the OP could do the medical and interview in Canada if they were an LR there or had a work or student visa there allowing them to be legally within the country.  A tourist visa does not work for this purpose. 

 

(sorry... put on my glasses and reread more thoroughly.)

Edited February 18, 2018 by NikLR

[WandY 430]

7 hours ago, DmytriiD said:

 

I was entering the US multiple times on my b1/b2 and c1/d visas during k1 processing and I asked CBP officer in LA if they can see that I am currently processing for k1 visa. CBP officer answered that he can't see any information about my current processing for other visa types. So, they don't have this info and my entrance is just another entrance on visa I am entering...

You can do whatever you like. It's OK. No problem because our visa rules are extremely flexible and forgiving. (see def. for sarcasm)

[Londonergirl 133]

I didn't have my medical or interview in my home country. I had it in another EU country where I was living at the time. 

[felipeTAYA 18]

Interviews are ONLY done at your country HA Ukraine or a country on which you legally reside "as a resident" not "living" in the Russian sense.

[gregcrs2 1,777]

9 hours ago, DmytriiD said:

Hi all,

I got a question if I can relocate and live in the US under my b1/b2 visa rules up to 180 days and then fly back to my home country for an interview? 
I understand that theoretically I can do so but in this case, it will be better to interview somewhere in the US or at least Canada. Is it possible? Because it's around 1k USD to fly back home and then return to the US.
Also same question about medical the US or Canada?
Also can I clarify a list of vaccines required for K-1 medical exam!? Maybe somebody already know...

Country of application: Ukraine
Application date: 20OCT17
NOA1 date: 24OCT17

It's  possible that you could VISIT up to 180 days BUT the CBP decides whether you can enter the USA and for how long.  So if they decide you cannot enter for reason such as K-1in the system (immigration intent), you just lost your 1K USD.  If they decide you can enter USA for a period shorter than your round trip ticket states, you will be paying flight change fees and possibly increased airfare too (together it's typically about half the cost of an original ticket and sometimes much more).  

 

As a Ukraine citizen, your medical and interview must be in Kiev.  The vaccine requirements will be determined at your medical.  You will need to take your vaccination record for your medical.  

 

IN SUMMARY, IT WOULD BE BEST FOR YOU TO WAIT IT OUT IN UKRAINE UNTIL YOUR K-1 VISA IS ISSUED.

 

 

[Londonergirl 133]

3 minutes ago, gregcrs2 said:

It's  possible that you could VISIT up to 180 days BUT the CBP decides whether you can enter the USA and for how long.  So if they decide you cannot enter for reason such as K-1in the system (immigration intent), you just lost your 1K USD.  If they decide you can enter USA for a period shorter than your round trip ticket states, you will be paying flight change fees and possibly increased airfare too (together it's typically about half the cost of an original ticket and sometimes much more).  

 

As a Ukraine citizen, your medical and interview must be in Kiev.  The vaccine requirements will be determined at your medical.  You will need to take your vaccination record for your medical.  

 

IN SUMMARY, IT WOULD BE BEST FOR YOU TO WAIT IT OUT IN UKRAINE UNTIL YOUR K-1 VISA IS ISSUED.

 

 

Why would the person be denied because of the K1 visa? I know several people that visited their partner in the US when they were in the K1 process. 
Also, why can a Ukrainian citizen only do their medical and interview in Kiev? I know you can not do it in the US but I didn't do my medical or interview in my home country...

[gregcrs2 1,777]

3 minutes ago, Londonergirl said:

Why would the person be denied because of the K1 visa? I know several people that visited their partner in the US when they were in the K1 process. 
Also, why can a Ukrainian citizen only do their medical and interview in Kiev? I know you can not do it in the US but I didn't do my medical or interview in my home country...

Yes, it's possible to visit the US during the K-1 process but it's always at the discretion of the CBP officer at the POE.  But being from Ukraine, which is considered a 3rd world country, and wanting to visit for up to 6 months makes it more difficult.    I personally know of several people from Ukraine who were denied entry under similar circumstances (actually caught lying to CBP about reason for entry/denying they were in K-1 process).

 

To rephrase, a Ukrainian citizen residing in Ukraine can only have their medical & interview in Kiev.  

[Unlockable 7,314]

4 hours ago, Londonergirl said:

Why would the person be denied because of the K1 visa? 

Because even though they have a K1 in process, technically they could still use the tourist visa to skip the line and adjust status. Sometimes people get tired of the wait. Every day we see people complain about the process taking too long or how the wait is killing them. They may decide they don't want to be away from their loved one anymore, come to the US, abandon the K1 and AOS. Not only that, people with these kind of vias tend to want to stay as long as possible. Kind of pseudo-living in the US beforehand.

 

Having a immigrant visa in process is a clear sign of immigrant intent.

Edited February 18, 2018 by NuestraUnion

[dentsflogged 352]

14 hours ago, missileman said:

You are not guaranteed entry next time.......I'm sure there are now notes about your K-1 in the system.....and you can be denied regardless of the visa type....

This. 

 

I had a CBP comment once on my travel history.  I'd spent the majority of my week prior to entrance into the US in a country that I was not flying from.  I mentioned that country during my incoming interview.    The following time I came through at POE, I was asked "No New Zealand this time?"    

 

They clearly takes notes, it's why sometimes at POE they'll just be quiet and look at their screen while you stand there - they're taking a quick once-over to see if anything stands out as a red flag.

[dentsflogged 352]

4 hours ago, Londonergirl said:

Why would the person be denied because of the K1 visa? I know several people that visited their partner in the US when they were in the K1 process. 
Also, why can a Ukrainian citizen only do their medical and interview in Kiev? I know you can not do it in the US but I didn't do my medical or interview in my home country...

I know someone who was denied entry at POE when she had a K1 visa pending. 

 

She was attempting to go through with 3 suitcases to pre-move some of her stuff - including a bunch of legal documents like her birth certificate, copies of legal documents giving her sister permission to sell her car when she was out of the country and such.  She also had no job, no proof of ties to the country (she lived with her parents - no rent to pay or house to sell) and basically did everything you shouldn't do when you have shown Immigration intent. 

 

If the officer has reason to believe you won't leave, they'll absolutely refuse entry. 

[JFH 12,189]

8 hours ago, Londonergirl said:

Why would the person be denied because of the K1 visa? I know several people that visited their partner in the US when they were in the K1 process. 
Also, why can a Ukrainian citizen only do their medical and interview in Kiev? I know you can not do it in the US but I didn't do my medical or interview in my home country...

People from VWP countries usually have no problems visiting during the K-1 or CR-1 process. I continued to visit as normal during the process with no issues. However, this person is from the Ukraine and doesn’t have access to the golden VWP that we do. Visitors from non-VWP countries face much more scrutiny at the borders and those not already in possession of a B-2 visa at the beginning of the immigration process are routinely denied visitor visas if they wish to visit whilst their case is being adjudicated. 

 

Many people from VWP countries have no idea how privileged they are when it comes to CBP and this is why it frustrates me no end to see the VWP being abused. 

 

As has had been mentioned many times before on this thread, you have your medical and interview at the embassy responsible for your homeland or the country where you are residing at the time. So a German person living in Canada legally can either interview in Germany or Canada.

Edited February 18, 2018 by JFH

[felipeTAYA 18]

18 hours ago, DmytriiD said:

Hi all,

I got a question if I can relocate and live in the US under my b1/b2 visa rules up to 180 days and then fly back to my home country for an interview? 
I understand that theoretically I can do so but in this case, it will be better to interview somewhere in the US or at least Canada. Is it possible? Because it's around 1k USD to fly back home and then return to the US.
Also same question about medical the US or Canada?
Also can I clarify a list of vaccines required for K-1 medical exam!? Maybe somebody already know...

Country of application: Ukraine
Application date: 20OCT17
NOA1 date: 24OCT17

In Russian language: "live" can also mean "to stay at a hotel, to stay for one night at your friend's house" If you can get a police report from Canada and show a resident card, then you can apply in Canada