Stupid Question

[a-jeanne 2]

I know that this has been asked before and I have searched the forum and cannot find the answer to this question:

I am at 140 days of my I-129 and still waiting for my NOA2. My fiance is going to retire in January 2008. Can he come and live in the USA with me at that time and then fly back to England for his interview?

He has already sold his house, his cars and is ready to move here as soon as he retires? He would like to come at that time. How long can he stay on a visitor's visa if he cannot live here? Any help would be greatly appreciated.

Thank you.

[Chica Yeyé 41]

I think the visit can extend for 90 days... but then again I am not familiar with this K process. He is under VWP right? Maybe that works different. Wisdom, anyone??

Peace sister, L.

[a-jeanne 2]

I think the visit can extend for 90 days... but then again I am not familiar with this K process. He is under VWP right? Maybe that works different. Wisdom, anyone??

Peace sister, L.

What's VWP?

[~Nini~ 2]

I think the visit can extend for 90 days... but then again I am not familiar with this K process. He is under VWP right? Maybe that works different. Wisdom, anyone??

Peace sister, L.

What's VWP?

Visa Waiver Program.

Technically he can stay for 90 days, but he'll have to show the immigration officials that he has ties to the UK. Even with that, if they believe he has intent to stay in the US, there is a chance that he'll be denied entry.

[RosemarieL 0]

He would have to have a return ticket for within the 90 days and be able to prove ties to his home country in case he is challenged by Immigration. Hopefully you will be approved very soon and then things can move much quicker at the UK end of things.

[a-jeanne 2]

Is there a thread with more information on this? I am still confused on the matter. I guess what confuses me is why more people do not do this? Is there a reason for that - instead of all of this waiting?

[RosemarieL 0]

Is there a thread with more information on this? I am still confused on the matter. I guess what confuses me is why more people do not do this? Is there a reason for that - instead of all of this waiting?

Some people come from countries where it is not easy to get a visa. There is also the financial hardship and the risk of not being admitted to the US. If he tried to enter and was turned back then what would his circumstances be? Would he find it easy to get affordable accommodation back in the UK again if he had sold his property? A lot of people rely on work for their income and are not retired and so would have a problem in that circumstance.

If he has sold his house what address has he used for the Consulate to contact him with Packet 3 and would he be maintaining that address should he come to stay with you. In the unlikely event he encountered a problem with name checks and got put into administrative processing would he manage to find somewhere to wait it out in the UK?

It's unlikely that you will have problems but it is best to be prepared for the worst.

[a-jeanne 2]

Is there a thread with more information on this? I am still confused on the matter. I guess what confuses me is why more people do not do this? Is there a reason for that - instead of all of this waiting?

Some people come from countries where it is not easy to get a visa. There is also the financial hardship and the risk of not being admitted to the US. If he tried to enter and was turned back then what would his circumstances be? Would he find it easy to get affordable accommodation back in the UK again if he had sold his property? A lot of people rely on work for their income and are not retired and so would have a problem in that circumstance.

If he has sold his house what address has he used for the Consulate to contact him with Packet 3 and would he be maintaining that address should he come to stay with you. In the unlikely event he encountered a problem with name checks and got put into administrative processing would he manage to find somewhere to wait it out in the UK?

It's unlikely that you will have problems but it is best to be prepared for the worst.

He has made arrangements with the people that he sold the house to - they are collecting his mail and he is staying within a mile of his old house so he can collect his mail. If he was turned back, he would just stay with the friends that he is with a little longer. His retirement is around January 15th but his company will let him work as long as he wants.

Thank you for the information - anything else would be appreciated.

[RosemarieL 0]

He has made arrangements with the people that he sold the house to - they are collecting his mail and he is staying within a mile of his old house so he can collect his mail. If he was turned back, he would just stay with the friends that he is with a little longer. His retirement is around January 15th but his company will let him work as long as he wants.

Thank you for the information - anything else would be appreciated.

Has he ordered his police certificate yet? It will take 40 days from receipt by the police but it is valid for 1 year. It would be worth having that in place as soon as possible.

[a-jeanne 2]

He has the police certificate in hand.

[*julez* 124]

Just make sure he's prepared to answer questions at the POE. They may not bother with him at all, but they maty also grill him. That's what happened to my fiance when he came over in May. Granted, it was his 3rd longish trip to the US, but if they think you are coming too often or may stay permanently, they will turn you away. My fiance won't come back to the US until he has his nice K1 visa in his passport.

He'll also need to be in the UK for the medical, but maybe he can schedule them within a few days of eachother to minimize the time he has to be in the UK.

[a-jeanne 2]

When he came over for Thanksgiving, he was grilled by immigration. They asked him why he was coming in so often. He just told them that he is here to see friends, taking care of some business and also coming here for Thanksgiving. He hadn't been grilled like that before. He is only worried that it will not happen in the three months and that he'll have to go back. He is also worried what will happen if we're not approved. Not sure why we worry so - I don't think that there will be a problem.

I just want this process to be overwith so we can be together. We have everything situated in seeing each other until after Jan 15 - 31 - when he plans to retire. Just not sure what to do after that.

[*julez* 124]

Provided you get your NOA2 in the next couple of weeks, you should have no trouble getting through the embassy in 2 - 3 months.

Getting through the POE for a 90 day visit might be a bit tough if they have already grilled him. Especially if he can't show strong ties to the UK. He might be "flagged" in the system. While being denied at the POE on the VWP will not effect his chances of getting the K1, it would be pretty demoralizing. We decided that regardless of how much we want to be together, we didn't want to risk him getting turned away. The worst thing is that there aren't any hard and fast rules on how ofter and for how long you can come to the US on the VWP. So, he could come over in Jan. and they might not bat an eye, or they might turn him away. It stinks!

But we are both getting closer to the end of this journey! Hooray for that!

[a-jeanne 2]

I know what you're saying. I just don't want this process to go into late February or March - which is what it is looking like. He is just marking time and working so that he has something to do. Once he is retired, I think that he will go crazy waiting. We were hoping to have everything complete by the end of January.

I know that the time is getting near, but somedays it just doesn't feel like it. I just have the missing him blues. Always happens when I take him back to the airport. I hate goodbyes!

[StillThePrettiest 3]

didn't you say he could work as long as he wants? why doesn't he work a little longer, til you have more concrete dates and plans, just as a distraction? and I'm sure the extra cash would never be unwelcome...