Filing petition during visit?

[cruciverbalista 0]

Hi everyone! 

 

My fiance is coming to the States with me in February to meet all my friends and family. We've been living together abroad for over a year. I'd like to start the K1 process ASAP and was planning to file the I-129 after we arrive in the US, so he doesn't get held up at customs with a pending application. 

 

However, we'll be flying between California and Louisiana during this trip. Will the visa application cause flags at domestic customs? Should I wait until we're done flying domestic to mail over my petition? Are there some other issues I haven't considered here yet? Or am I just getting paranoid about nothing?

[Deanwinchester 11]

I would mail the petition in when your fiancé arrives in the states, it will take 2 weeks for them to tell you they received it. At least 4-5 months before they approve it.

[Crazy Cat 42,426]

Have you considered getting married in the US before she returns to her country.  Then she will have her Green Card in about a year later.........She would be allowed to visit during the process.

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US (currently about 3 months sooner)    
    More expensive than CR-1    
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US (currently about 3 months later)

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.

[ourjourney_pc 118]

1 hour ago, cruciverbalista said:

Hi everyone! 

 

My fiance is coming to the States with me in February to meet all my friends and family. We've been living together abroad for over a year. I'd like to start the K1 process ASAP and was planning to file the I-129 after we arrive in the US, so he doesn't get held up at customs with a pending application. 

 

However, we'll be flying between California and Louisiana during this trip. Will the visa application cause flags at domestic customs? Should I wait until we're done flying domestic to mail over my petition? Are there some other issues I haven't considered here yet? Or am I just getting paranoid about nothing?

To answer the question... 

I assumed he have tourist visa already? 

Based from my experience, ... We filed k1 29aug2018, i flew (ben) to usa for the 2nd time on sep2018.. 

 

They just asked me when was the last time i left usa, what is my job and where do i live.. 

[Wuozopo 4,293]

3 hours ago, cruciverbalista said:

Hi everyone! 

 

My fiance is coming to the States with me in February to meet all my friends and family. We've been living together abroad for over a year. I'd like to start the K1 process ASAP and was planning to file the I-129 after we arrive in the US, so he doesn't get held up at customs with a pending application. 

 

However, we'll be flying between California and Louisiana during this trip. Will the visa application cause flags at domestic customs? Should I wait until we're done flying domestic to mail over my petition? Are there some other issues I haven't considered here yet? Or am I just getting paranoid about nothing?

 

Maybe slightly paranoid. People with pending petitions fly internationally to visit all the time with no issues. I don't think the immigration people at the airport see who has pending applications. At least that's what I was told 3 times when I asked directly while going through the immigration line. They might know if the traveller told them previously and they typed in a note...American fiancé.

 

California to Louisiana-- get on the plane, get off the plane with no interaction with CBP. It's not an international flight.

 

If you (American) currently live in the UK, there is a much quicker option to get through the visa process. Please comment where you live if you need more information on that process.

[cruciverbalista 0]

25 minutes ago, Wuozopo said:

 

Maybe slightly paranoid. People with pending petitions fly internationally to visit all the time with no issues. I don't think the immigration people at the airport see who has pending applications. At least that's what I was told 3 times when I asked directly while going through the immigration line. They might know if the traveller told them previously and they typed in a note...American fiancé.

 

California to Louisiana-- get on the plane, get off the plane with no interaction with CBP. It's not an international flight.

 

If you (American) currently live in the UK, there is a much quicker option to get through the visa process. Please comment where you live if you need more information on that process.

I don't exactly live in the UK-- I'm here on a tourist visa (we met in a third country altogether) but we're in Gloucestershire for the moment. Definitely interested in other options! 

[C90 376]

3 hours ago, cruciverbalista said:

Hi everyone! 

 

My fiance is coming to the States with me in February to meet all my friends and family. We've been living together abroad for over a year. I'd like to start the K1 process ASAP and was planning to file the I-129 after we arrive in the US, so he doesn't get held up at customs with a pending application. 

 

However, we'll be flying between California and Louisiana during this trip. Will the visa application cause flags at domestic customs? Should I wait until we're done flying domestic to mail over my petition? Are there some other issues I haven't considered here yet? Or am I just getting paranoid about nothing?

You can travel while you have a pending application. I visited my now husband 3 or 4 times while our K1 was pending. I did always bring documents with me to show ties to home (rental agreement, proof of job etc) just to make sure I could proof that I wasn't intending to stay, but they never asked for it. 

[Wuozopo 4,293]

53 minutes ago, cruciverbalista said:

I don't exactly live in the UK-- I'm here on a tourist visa (we met in a third country altogether) but we're in Gloucestershire for the moment. Definitely interested in other options! 

You have to be there as a resident, not on a tourist visa. Consular filing won't work for you.

[SalishSea 18,170]

My husband (then fiance) and I submitted our I-129F petition while he was visiting me here.  He later visited on his B-2 with no problems whatsoever, and in fact he was here when we received NOA2.  Always be completely honest at the POE.

 

In retrospect, we might have also considered the spousal visa, from the perspective of him being able to work right away, as both visa types are taking approximately the same amount of time.  We were hoping for March for him to receive AP/EAD, but now it is looking more like April.