Living Situation

[orangedesk 27]

Hi everyone! This is my first post, so hopefully it's OK I start a new topic. I've been reading all the posts here and it's really helpful as I begin the process of bringing my love here I'm a U.S. citizen (born/raised in Chicago) and my fiance is a British citizen (born/raised in London). Right now, we're getting ready to file the I-129F and start everything.

Here is my question:

Knowing all of the timeframes involved with this process, here is my issue. My fiance's lease is up on his house as of January 28, so realistically, even if we filed everything today and the fact that expedited processing with USCIS isn't guaranteed, would he be able to come here as a "tourist" after the 28th, and stay the 90 days he's allowed (without working, etc. just as he would while visiting me). Then, after the 90 days, he could return to England for any applicable medical exam, interview, etc.? Basically, will the fact that we're applying for this process impact his travels here in any way?

Let me know what you think, thanks!

[Adriene H 89]

Hi everyone! This is my first post, so hopefully it's OK I start a new topic. I've been reading all the posts here and it's really helpful as I begin the process of bringing my love here I'm a U.S. citizen (born/raised in Chicago) and my fiance is a British citizen (born/raised in London). Right now, we're getting ready to file the I-129F and start everything.

Here is my question:

Knowing all of the timeframes involved with this process, here is my issue. My fiance's lease is up on his house as of January 28, so realistically, even if we filed everything today and the fact that expedited processing with USCIS isn't guaranteed, would he be able to come here as a "tourist" after the 28th, and stay the 90 days he's allowed (without working, etc. just as he would while visiting me). Then, after the 90 days, he could return to England for any applicable medical exam, interview, etc.? Basically, will the fact that we're applying for this process impact his travels here in any way?

Let me know what you think, thanks!

He might be able to get a tourist visa if he's able to show he still has

strong enough ties to return to England after 90 days. Maybe a letter from

his employer?

[Chris921 13]

People have had trouble when visitng the US whilst visa proceedings are going, they have to prove very strong ties to the UK and prove they will definately go back, Also they MAY not get admitted for the full 90days, 90 days is down to the CBP agent that is the absolute maximum they can give,

[orangedesk 27]

Thanks for the replies, everyone. This is definitely something we'll take into consideration. Much appreciated!

[Tindsay 3]

Hi Andriana,

Applying for the K1 hasn't impacted my travels, as has been said by others many times before when this question is asked I don't think the CBP agents have any idea that a petition with USCIS has been filed. Since we applied I've travelled to the US twice under the VWP each time for a period of 3 weeks and I've not had any problems at all. They have asked me how long I'm staying, who I'm visiting, I reply my fiancée, they ask is she a US citizen I say yes, the first time the guy told me it might be too late but to watch out for American women because they are expensive and the second trip the guy gave me a quizzical look and then sent me on my way. Each time I've taken the NOA1 to show, if I'm asked, that we are going about things the legal way but have never needed to show it.

Now obviously you are talking about staying for a little less than 90 days so they might be a little more curious about you as such a long trip doesn't fit with someone that has strong ties to home so maybe they will have a few more questions for you. But really I think unless you get really exceptionally unlucky you will be just fine, I'd always hoped that, due to the fact you have proof of petitioning for the visa, you'd be able to reason with the CBP agent that overstaying and getting married on this particular trip would be more of a hindrance than a help.

So in summary, nothing is guaranteed but in my experience I've never had a problem. Good luck.

[JoannaV 174]

I visited my boyfriend/fiance/husband in the US frequently in the months prior to getting my (spousal) visa and moving here. One time I visited my husband for 87 days. So what you're asking is perfectly possible. But just remember that there is never a guarantee that he will be allowed to enter.

Also remember he will need somewhere in the UK to stay/live once he returns for a few months. There will be a gap between the medical and interview.

[orangedesk 27]

I visited my boyfriend/fiance/husband in the US frequently in the months prior to getting my (spousal) visa and moving here. One time I visited my husband for 87 days. So what you're asking is perfectly possible. But just remember that there is never a guarantee that he will be allowed to enter.

Also remember he will need somewhere in the UK to stay/live once he returns for a few months. There will be a gap between the medical and interview.

Hi Joanna,

Thanks for letting me know your situation - how long is the gap between the medical exam and the interview, in your experience?

[baron555 934]

My fiance's lease is up on his house as of January 28, so realistically, even if we filed everything today and the fact that expedited processing with USCIS isn't guaranteed, would he be able to come here as a "tourist" after the 28th, and stay the 90 days he's allowed (without working, etc. just as he would while visiting me). Then, after the 90 days, he could return to England for any applicable medical exam, interview, etc.? Basically, will the fact that we're applying for this process impact his travels here in any way?

Let me know what you think, thanks!

Know that your fiance's lease issue is not an issue to USCIS.

Yes technically he could come to the US on a tourist visa and stay for a while and then go back........but......

of course when asked by the CBP why he is coming to the US and who he will be staying with, if he answers anything but the truth (I'm going to be staying with my fiancee while we wait for our K-1 approval and then go back for the interview) that is visa fraud. If he answers the truth, most likely CBP will turn him away and send him back.

Yes the fact that you've applied will most likely affect his travel plans to here.

[JoannaV 174]

Hi Joanna,

Thanks for letting me know your situation - how long is the gap between the medical exam and the interview, in your experience?

6-8 weeks. Can vary though.

[Dan & Jenni 457]

there should be no problem using the VWP to visit the US (there are a lot on here who have done it) but i think you might be pushing it a little if you try for the full 90 days. being honest with CBP, having a return ticket, and other proof of ties to the UK is all helpful... but like anything it cant be guaranteed.

if you file the I-129F now it will be approved in about 5 month... then it is between 2-3 months till interview in London... but your fiance's lease being up is not a reason for expediting.

[Helen Louise Pile 80]

Hi everyone! This is my first post, so hopefully it's OK I start a new topic. I've been reading all the posts here and it's really helpful as I begin the process of bringing my love here I'm a U.S. citizen (born/raised in Chicago) and my fiance is a British citizen (born/raised in London). Right now, we're getting ready to file the I-129F and start everything.

Here is my question:

Knowing all of the timeframes involved with this process, here is my issue. My fiance's lease is up on his house as of January 28, so realistically, even if we filed everything today and the fact that expedited processing with USCIS isn't guaranteed, would he be able to come here as a "tourist" after the 28th, and stay the 90 days he's allowed (without working, etc. just as he would while visiting me). Then, after the 90 days, he could return to England for any applicable medical exam, interview, etc.? Basically, will the fact that we're applying for this process impact his travels here in any way?

Let me know what you think, thanks!

Hello,

This is exactly what we did.

Filed on 6th May, I entered the US on the 13th May on VWP for 89 days. When I got back my packet 3 was waiting. I stayed in Scotland for 7 weeks while I got my medical and interview etc. Then I flew back to the US in October.

I read VJ a lot, so I took a letter from my employer saying 'See you in 3months' and cards from my parents saying the same thing. My fiance and I had just moved out of our flat in Scotland so I didn't have a lease, I was going to stay with my folks when I returned. I was also very careful about what I packed, so that nothing could be misinterpreted!(No documents I didn't need, no wedding dress!)

I told CBP that I was visiting my fiance for 3 months. There was no problem, they did not ask for proof of my return, other than my return flight.

They asked me about visits at my K1 interview in London and they had images of me when I entered the US at this point in my file too. I think it was seen as a positive thing because the interviewer asked me about my amazing 3month summer trip to Alaska.

Be prepared for questions and be careful about what she packs and take proof of her return! You should be fine.

Good luck!!

ps. If you file asap then she can may be able to take a copy of the NOA1 with her as proof that you are pursuing a legal route for immigration.

Edited November 29, 2011 by Helen Louise Pile

[baron555 934]

I don't think the CBP agents have any idea that a petition with USCIS has been filed.

Wanna bet. They have access to all that info.

[orangedesk 27]

Thanks everyone for all of the great replies. I've been talking to my boyfriend/fiance about this and our plan right now is to file the paperwork during the first week of December. We probably won't hear back before his lease is up at the end of January/beginning of February but at least we'll get the ball rolling. He's probably going to cancel his lease and then stay with family in the London area.

What scares me is how conflicting the responses seem to be about him coming for those 90 days (we're thinking more like 80, but just saying 90 for simplicity's sake). Some people are saying "Oh it's no problem" while others are giving me the fear of "no way, he'll be turned away." It seems like the people who have UK experience are taking a lighter approach. I'm thinking his origin country makes a difference?

Here's another question - same scenario with the lease being up in January. Boyfriend visits in early February, which gives him until early May to stay here, make wedding plans until we hear back about the medical exam. What if we still haven't heard by then? We obviously don't want to extend the 90 days, but... can he stay here for 80/90 days, fly home for a week or two, then fly back again, informing the customs agent that he is visiting his fiancee to make wedding plans? How does the tourist visa work with the 90 days? Can it be 90 days, short break, a new set of 90 days?

Let me know if that makes sense.

[Tindsay 3]

What scares me is how conflicting the responses seem to be about him coming for those 90 days (we're thinking more like 80, but just saying 90 for simplicity's sake). Some people are saying "Oh it's no problem" while others are giving me the fear of "no way, he'll be turned away." It seems like the people who have UK experience are taking a lighter approach. I'm thinking his origin country makes a difference?

I think the country you a travelling from probably does make a big difference. As I said I have visited twice since filling the visa petition and I have had no troubles. Like you I read lots of threads about visiting under the VWP after having filed the petition and having read lots of the scare stories I was pretty nervous when I first set out, but both trips I was fine and had no problems. Both visits were for 3 weeks but the CBP agent stamped me in with the full 90 day allowance. In my experience the number of questions I've received has been loosely proportional to the amount of time I visit for ... if it's a short trip then I've had hardly any hassle at all, longer trips have come with a couple more questions as I guess they are slightly more out of the ordinary for the majority of travellers.

Here's another question - same scenario with the lease being up in January. Boyfriend visits in early February, which gives him until early May to stay here, make wedding plans until we hear back about the medical exam. What if we still haven't heard by then? We obviously don't want to extend the 90 days, but... can he stay here for 80/90 days, fly home for a week or two, then fly back again, informing the customs agent that he is visiting his fiancee to make wedding plans? How does the tourist visa work with the 90 days? Can it be 90 days, short break, a new set of 90 days?

Technically yes you can do that, but each time you visit admission is down to the CBP agent. They could decide the fact you were here for 89 days left for 5 days and are now coming back for another period of 89 days suggests that you have intentions other than those of a tourist. Then again they might see it as well this person didn't overstay last time they were here for 89 days they probably wont this time. Unfortunately no one can tell you for certain that your plan will work, there is an element of risk involved. If I were you I'd focus more on the advice from people from visa waiver countries who have visited/ have tried to visit rather than advice from people who are just having a good old 'reckon'.