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Bruce H

Starting I-130/I-129F and wife still has valid tourist visa

By Bruce H in K-3 Spouse Visa Process & Procedures

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Bruce H Apprentice

Bruce H   0

Posted
Filed: K-3 Visa Country: Taiwan
 Timeline
Posted

My wife and I got married in May while she was here on a tourist visa. She is going back to Taiwan on Monday and I will file the I-130 and I-129F for the K3 visa. She still has a valid US tourist visa that doesn't expire until Oct 2008. While we are waiting for the K3, is there any law or regulation that prevents her from coming back to visit on her tourist visa while we wait for the processing?

Does anyone have any experience with this?

Bruce

Timeline

05/30/2007 Married my wife in the US

07/10/2007 Wife returns to Taiwan

Form I-130

07/10/2007 I-130 Mailed to CSC

07/12/2007 USPS Delivery Confirmation

07/16/2007 Pkg received and NOA-1 generated (per website)

07/17/2007 Check cashed

07/20/2007 NOA-1 received

12/03/2007 Approved! (Via NOA-2 hardcopy. No email received and no update on the website)

12/06/2007 I-824 Mailed to CSC to request I-130 be sent to NVC

12/07/2007 USPS Delivery Confirmation

12/11/2007 NOA-1 received

02/14/2008 I-824 Approved

02/19/2008 NOA-2 notice received

Form I-129F

07/21/2007 I-129F Mailed to Chicago

07/23/2007 USPS Delivery Confirmation

07/27/2007 Check cashed

07/28/2007 NOA-1 received

08/13/2007 Transferred to CSC (per website)

08/16/2007 Hardcopy notice received regarding transfer to CSC

08/22/2007 E-mail notice - case pending at CSC

12/03/2007 Approved! (Via hardcopy. No email received and no update on the website)

12/26/2007 Case received at NVC

01/02/2008 Pkt3 date from AIT (American Institute in Taiwan)

02/24/2008 Pkt3 returned to AIT

04/07/2008 K3 interview passed

04/21/2008 Spouse arrives in US

NVC (CR-1)

03/17/2008 AOS bill received from NVC

03/18/2008 AOS fee sent to NVC

03/28/2008 DS-3032 Choice of agent form received in Taiwan

03/31/2008 DS-3032 returned to NVC

04/14/2008 I-864 Affidavit of Support request received

04/15/2008 I-864 sent

04/30/2008 Visa bill received

05/01/2008 Visa bill sent

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hhN400 Enthusiast

hhN400   3

Posted
Filed: Citizen (apr) Country: Germany
 Timeline
Posted
My wife and I got married in May while she was here on a tourist visa. She is going back to Taiwan on Monday and I will file the I-130 and I-129F for the K3 visa. She still has a valid US tourist visa that doesn't expire until Oct 2008. While we are waiting for the K3, is there any law or regulation that prevents her from coming back to visit on her tourist visa while we wait for the processing?

Does anyone have any experience with this?

Bruce

Your wife may come back any time while she has a valid visa. (My wife has done that without any problems.) However, she has to convince the immigration officer at the port of entry that she still has ties to her home country and that she has no intention of staying in the US. If the officer cannot be convinced your wife will be denied entry. So it's a bit of a gamble, but it's possible.

My wife's USCIS journey:

I-130 (IR1) Timeline

03-26-07 -- I-130 sent to VSC

09-20-07 -- Permanent Resident

N-400 Timeline

09-20-10 -- N-400 sent to Dallas lockbox

09-24-10 -- Check cashed

09-27-10 -- NOA received

10-07-10 -- Biometrics letter rec'd (appointment for 10/19/2010)

10-15-10 -- Biometrics done (walk-in at Alexandria, VA facility)

10-23-10 -- Another Biometrics letter rec'd (1st fingerprint set unusable according to FBI; appointment for 11/19/2010)

10-25-10 -- 2nd Biometrics done (walk-in at Alexandria, VA facility)

10-26-10 -- Called FBI: Second fingerprint set okay

11-20-10 -- Yellow letter received

01-26-11 -- Interview letter received

03-01-11 -- Interview (Civics test passed, but "Decision cannot yet be made" -- Docs missing)

03-25-11 -- Oath letter received

04-18-11 -- Oath Ceremony -- USC

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YuAndDan Grand Master

YuAndDan   153

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

FAQ:

Is the same as:

3.15)...Can I, while my fiancee will apply for a I-129F package, be with her in the US ? So we can stay together while the application is being processed or do I have to go to back home again ?

A..As long as you do not go beyond your visa expiration date and leave in plenty of time to do your part of the application then it should be ok. Many couples file the I-129F while the fiance(e) is in the US. However, the visa application itself is accomplished in the fiance(e)s home country, so the fiance(e) must return home to complete the visa application process and the interview at the US Consulate. So the bottom line is that you should follow all USCIS rules if you are here int he US and if your visa requires you to return home on a certain date that you do so on time.

http://www.visajourney.com/faq/k1k2visa-I129f.html#3.15

This is one of the most commonly asked questions.

Search term: "visit" in the VJ search box now new and improved by Google

http://www.visajourney.com/forums/index.ph...showtopic=67796

http://www.visajourney.com/forums/index.ph...showtopic=76346

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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