Is this a crazy idea?

[JKD_88 0]

Ok, just hear me out, I know this is probably crazy but I'm desperat over here.

I was thinking...

My fiance came to visit me in February, then I visited her in May. She then tried to come visit me again in July but was denied. We finally started the K-1 process, the VSC received our 1-129F on Oct. 9, we've received our NOA1 and are now wiating the 6 month process. My idea is this, the last time she was here, at the airport they gave her a 6 month stay, that is the amount of time it takes for our proccess to finalize. Do you think that if we're honest with the agent and say that we are in the process for the K-1 visa and everything and would just like her to come wait it out with me here in the US during the 6 months which is the usual time they give anyway, do you think she would be approved?

[Jesse and Hema 2]

Ok, just hear me out, I know this is probably crazy but I'm desperat over here.

I was thinking...

My fiance came to visit me in February, then I visited her in May. She then tried to come visit me again in July but was denied. We finally started the K-1 process, the VSC received our 1-129F on Oct. 9, we've received our NOA1 and are now wiating the 6 month process. My idea is this, the last time she was here, at the airport they gave her a 6 month stay, that is the amount of time it takes for our proccess to finalize. Do you think that if we're honest with the agent and say that we are in the process for the K-1 visa and everything and would just like her to come wait it out with me here in the US during the 6 months which is the usual time they give anyway, do you think she would be approved?

Personally, I think you'd be fine. My fiancée came to the USA on a B-2 visa while the K-1 process was (is) still pending. Several reliable websites cite the following allowances for this (N11.1-1 of the Foreign Affairs Manual):

(1) Simply to meet the family of his and/or her fiance;

(2) To become engaged;

(3) To make arrangements for the wedding; or

(4) To renew a relationship with the prospective spouse

In our case, she got the B-2 visa for the purpose of coming here to make wedding plans while the K-1 was pending, and there was no problems. One of the USCIS customer service reps (though they admittedly don't know much) told me that since the K-1 process is in progress, port-of-entry officials will fear marriage less, since we're being up front. My fiancée showed them the pending I-129f petition and supporting documents when she entered and had no problems at all.

I also sent her an invitation letter explicitly stressing that I would NOT marry her while she was here on a visitor visa, so that may have helped also. I also stressed in the invitation letter that I would cover all medical/travel expenses etc.

She was able to spend the summer here with me in the USA, which really helped with the sadistic wait we have to go through. Luckily, you're at the VSC, which is faster for processing these cases. My case is at the CSC (I saw another poster refer to the CSC as the "molasses in January center").

Anyway, good luck to you and your fiancée!

[Bill B 0]

Ok, just hear me out, I know this is probably crazy but I'm desperat over here.

I was thinking...

My fiance came to visit me in February, then I visited her in May. She then tried to come visit me again in July but was denied. We finally started the K-1 process, the VSC received our 1-129F on Oct. 9, we've received our NOA1 and are now wiating the 6 month process. My idea is this, the last time she was here, at the airport they gave her a 6 month stay, that is the amount of time it takes for our proccess to finalize. Do you think that if we're honest with the agent and say that we are in the process for the K-1 visa and everything and would just like her to come wait it out with me here in the US during the 6 months which is the usual time they give anyway, do you think she would be approved?

You said they denied her visit in July, so I can't follow how you think she can come now on a 6 month visa given in February. They aleady denied her once in July when she would have still been within the 6 month timeframe, and now you think they would approve her because you are processing a K-1 and the 6 month authorization is expired. It would have expired in August anyway...hard to follow your line of thinking here.

[~Laura and Nick~ 5]

JDK, obviously you are not giving up on this! LOL

All you can do is try. Buy the plane ticket and see how it goes. If she is denied...you are out that money.

If she does get in, just remember she has to return home for the interview and she must have someone in her country who can forward her mail from the USCIS to her in the states.

Good Luck!

Edited October 28, 2007 by ~Laura and Nick~

[Bill B 0]

Ok, just hear me out, I know this is probably crazy but I'm desperat over here.

I was thinking...

My fiance came to visit me in February, then I visited her in May. She then tried to come visit me again in July but was denied. We finally started the K-1 process, the VSC received our 1-129F on Oct. 9, we've received our NOA1 and are now wiating the 6 month process. My idea is this, the last time she was here, at the airport they gave her a 6 month stay, that is the amount of time it takes for our proccess to finalize. Do you think that if we're honest with the agent and say that we are in the process for the K-1 visa and everything and would just like her to come wait it out with me here in the US during the 6 months which is the usual time they give anyway, do you think she would be approved?

Personally, I think you'd be fine. My fiancée came to the USA on a B-2 visa while the K-1 process was (is) still pending. Several reliable websites cite the following allowances for this (N11.1-1 of the Foreign Affairs Manual):

(1) Simply to meet the family of his and/or her fiance;

(2) To become engaged;

(3) To make arrangements for the wedding; or

(4) To renew a relationship with the prospective spouse

In our case, she got the B-2 visa for the purpose of coming here to make wedding plans while the K-1 was pending, and there was no problems. One of the USCIS customer service reps (though they admittedly don't know much) told me that since the K-1 process is in progress, port-of-entry officials will fear marriage less, since we're being up front. My fiancée showed them the pending I-129f petition and supporting documents when she entered and had no problems at all.

I also sent her an invitation letter explicitly stressing that I would NOT marry her while she was here on a visitor visa, so that may have helped also. I also stressed in the invitation letter that I would cover all medical/travel expenses etc.

She was able to spend the summer here with me in the USA, which really helped with the sadistic wait we have to go through. Luckily, you're at the VSC, which is faster for processing these cases. My case is at the CSC (I saw another poster refer to the CSC as the "molasses in January center").

Anyway, good luck to you and your fiancée!

Jesse,

I am not following this either because the guidance specifically says if the US Governement determines that the, "fiancé(e) intends to return to a residence abroad soon after the marriage."

9 FAM 41.31 N14.1 Alien Fiancé(e)s

9 FAM 41.31 N14.1-1 Fiancé(e) of U.S. Citizens or

Permanent Resident Aliens

(CT:VISA-798; 03-23-2006)

An alien proceeding to the United States to marry a U.S. citizen is

classifiable K-1 as a nonimmigrant under INA 101(a)(15)(K). (See 22 CFR

41.81.) The fiancé(e) of a U.S. citizen or lawful permanent resident (LPR)

may, however, be classified as a B-2 visitor if you are satisfied that the

fiancé(e) intends to return to a residence abroad soon after the marriage. A

B-2 visa may also be issued to an alien coming to the United States:

(1) Simply to meet the family of his or her fiancé;

(2) To become engaged;

(3) To make arrangements for the wedding; or

(4) To renew a relationship with the prospective spouse.

[JKD_88 0]

Ok, just hear me out, I know this is probably crazy but I'm desperat over here.

I was thinking...

My fiance came to visit me in February, then I visited her in May. She then tried to come visit me again in July but was denied. We finally started the K-1 process, the VSC received our 1-129F on Oct. 9, we've received our NOA1 and are now wiating the 6 month process. My idea is this, the last time she was here, at the airport they gave her a 6 month stay, that is the amount of time it takes for our proccess to finalize. Do you think that if we're honest with the agent and say that we are in the process for the K-1 visa and everything and would just like her to come wait it out with me here in the US during the 6 months which is the usual time they give anyway, do you think she would be approved?

Personally, I think you'd be fine. My fiancée came to the USA on a B-2 visa while the K-1 process was (is) still pending. Several reliable websites cite the following allowances for this (N11.1-1 of the Foreign Affairs Manual):

(1) Simply to meet the family of his and/or her fiance;

(2) To become engaged;

(3) To make arrangements for the wedding; or

(4) To renew a relationship with the prospective spouse

In our case, she got the B-2 visa for the purpose of coming here to make wedding plans while the K-1 was pending, and there was no problems. One of the USCIS customer service reps (though they admittedly don't know much) told me that since the K-1 process is in progress, port-of-entry officials will fear marriage less, since we're being up front. My fiancée showed them the pending I-129f petition and supporting documents when she entered and had no problems at all.

I also sent her an invitation letter explicitly stressing that I would NOT marry her while she was here on a visitor visa, so that may have helped also. I also stressed in the invitation letter that I would cover all medical/travel expenses etc.

She was able to spend the summer here with me in the USA, which really helped with the sadistic wait we have to go through. Luckily, you're at the VSC, which is faster for processing these cases. My case is at the CSC (I saw another poster refer to the CSC as the "molasses in January center").

Anyway, good luck to you and your fiancée!

Thank you so much, you gave me sooooo much hope, I think I'm going to give it a try.

[JKD_88 0]

Ok, just hear me out, I know this is probably crazy but I'm desperat over here.

I was thinking...

My fiance came to visit me in February, then I visited her in May. She then tried to come visit me again in July but was denied. We finally started the K-1 process, the VSC received our 1-129F on Oct. 9, we've received our NOA1 and are now wiating the 6 month process. My idea is this, the last time she was here, at the airport they gave her a 6 month stay, that is the amount of time it takes for our proccess to finalize. Do you think that if we're honest with the agent and say that we are in the process for the K-1 visa and everything and would just like her to come wait it out with me here in the US during the 6 months which is the usual time they give anyway, do you think she would be approved?

Personally, I think you'd be fine. My fiancée came to the USA on a B-2 visa while the K-1 process was (is) still pending. Several reliable websites cite the following allowances for this (N11.1-1 of the Foreign Affairs Manual):

(1) Simply to meet the family of his and/or her fiance;

(2) To become engaged;

(3) To make arrangements for the wedding; or

(4) To renew a relationship with the prospective spouse

In our case, she got the B-2 visa for the purpose of coming here to make wedding plans while the K-1 was pending, and there was no problems. One of the USCIS customer service reps (though they admittedly don't know much) told me that since the K-1 process is in progress, port-of-entry officials will fear marriage less, since we're being up front. My fiancée showed them the pending I-129f petition and supporting documents when she entered and had no problems at all.

I also sent her an invitation letter explicitly stressing that I would NOT marry her while she was here on a visitor visa, so that may have helped also. I also stressed in the invitation letter that I would cover all medical/travel expenses etc.

She was able to spend the summer here with me in the USA, which really helped with the sadistic wait we have to go through. Luckily, you're at the VSC, which is faster for processing these cases. My case is at the CSC (I saw another poster refer to the CSC as the "molasses in January center").

Anyway, good luck to you and your fiancée!

Oh and could you please give me the links to some of those reliable websites please, thank you

[Jesse and Hema 2]

B)-->

QUOTE(Bill B @ Oct 28 2007, 11:27 AM) <{POST_SNAPBACK}>

Jesse,

I am not following this either because the guidance specifically says if the US Governement determines that the, "fiancé(e) intends to return to a residence abroad soon after the marriage."

9 FAM 41.31 N14.1 Alien Fiancé(e)s

9 FAM 41.31 N14.1-1 Fiancé(e) of U.S. Citizens or

Permanent Resident Aliens

(CT:VISA-798; 03-23-2006)

An alien proceeding to the United States to marry a U.S. citizen is

classifiable K-1 as a nonimmigrant under INA 101(a)(15)(K). (See 22 CFR

41.81.) The fiancé(e) of a U.S. citizen or lawful permanent resident (LPR)

may, however, be classified as a B-2 visitor if you are satisfied that the

fiancé(e) intends to return to a residence abroad soon after the marriage. A

B-2 visa may also be issued to an alien coming to the United States:

(1) Simply to meet the family of his or her fiancé;

(2) To become engaged;

(3) To make arrangements for the wedding; or

(4) To renew a relationship with the prospective spouse.

Right. This case might be a bit more difficult since she was denied in the past (not sure what factors were there)....

My interpretation of what you cited is that getting married on the B-2 is "ok" if the new spouse doesn't intend to stay here in the USA afterwards. The last sentence before the list says "A B-2 visa may also be issued...." Thus, if you're coming for one of those four reasons and don't get married on the B-2, the "return to a residence abroad soon after the marriage" clause doesn't apply. I'm admittedly not an expert on these things, though, but I know this worked for our case so far (our K1 case is still pending).

I'm assuming the original poster wasn't planning on getting married until the fiancée was here on a K-1 (is this true?).

Like others have pointed out, since they turned her down before, they might have reason to do so again, but I say it's worth a try. If you want, I can dig up a copy of the invitation letter I used.

Good luck !

[freecake 0]

Well if they let her in on the tourist visa i'm sure she could stay the 6 months.

but she would have to return back for the interview and then turn around and come back again.

*edited because i realized i asked a stupid question*

Edited October 28, 2007 by freecake

[JKD_88 0]

Yes, my idea is that since the usual time the airport people(sorry I don't know their official title) gives is 6 months, it's perfect, she can stay here legally on a tourist visa while we wait for the K-1 visa to finalize, once it's finalized then and only then do we get married. This would be great not only because we would be together but because we can plan our wedding.

Well if they let her in on the tourist visa i'm sure she could stay the 6 months.

but she would have to return back for the interview and then turn around and come back again.

*edited because i realized i asked a stupid question*

Yes, I realize that and thank God that is not a problem for us, is this the only issue? If it is I'm going to give it a try.

And Jesse, yes a copy of your invitation letter would be great, and if you could give me the links to thos reliable websites you mentioned in your first post I'd greatly appreciate it.

Edited October 28, 2007 by JKD_88

[Jesse and Hema 2]

Yes, my idea is that since the usual time the airport people(sorry I don't know their official title) gives is 6 months, it's perfect, she can stay here legally on a tourist visa while we wait for the K-1 visa to finalize, once it's finalized then and only then do we get married. This would be great not only because we would be together but because we can plan our wedding.

Well if they let her in on the tourist visa i'm sure she could stay the 6 months.

but she would have to return back for the interview and then turn around and come back again.

*edited because i realized i asked a stupid question*

Yes, I realize that and thank God that is not a problem for us, is this the only issue? If it is I'm going to give it a try.

And Jesse, yes a copy of your invitation letter would be great, and if you could give me the links to thos reliable websites you mentioned in your first post I'd greatly appreciate it.

Sure thing, I have that document (invitation letter) at work and I'll send it to you tomorrow. As for the web sites, I'll dig them up too, but I should clarify that I only think they're reliable because a friend who went through this said they were, so "reliable" isn't a horribly strong assertion.

[pushbrk 12,569]

Yes, my idea is that since the usual time the airport people(sorry I don't know their official title) gives is 6 months, it's perfect, she can stay here legally on a tourist visa while we wait for the K-1 visa to finalize, once it's finalized then and only then do we get married. This would be great not only because we would be together but because we can plan our wedding.

Well if they let her in on the tourist visa i'm sure she could stay the 6 months.

but she would have to return back for the interview and then turn around and come back again.

*edited because i realized i asked a stupid question*

Yes, I realize that and thank God that is not a problem for us, is this the only issue? If it is I'm going to give it a try.

And Jesse, yes a copy of your invitation letter would be great, and if you could give me the links to thos reliable websites you mentioned in your first post I'd greatly appreciate it.

You haven't mentioned why she was denied. This is a critical detail. I surmise she was denied because she tried to re-enter too soon after exiting. The B2 visa is not intended for residence. It is intended for visits. So, how long was she here the last time she did visit and what was the reason given for the denial of entry?

[*julez* 124]

As pushbrk noted above, the reason for her denied entry is critical. Did they stamp a reason code in her passport? You must address these issues before shelling out money for a plane ticket. There is no guarantee any time she comes here that she'll be allowed entry, but with a previous denial it becomes less likely.

[JKD_88 0]

Yes, my idea is that since the usual time the airport people(sorry I don't know their official title) gives is 6 months, it's perfect, she can stay here legally on a tourist visa while we wait for the K-1 visa to finalize, once it's finalized then and only then do we get married. This would be great not only because we would be together but because we can plan our wedding.

Well if they let her in on the tourist visa i'm sure she could stay the 6 months.

but she would have to return back for the interview and then turn around and come back again.

*edited because i realized i asked a stupid question*

Yes, I realize that and thank God that is not a problem for us, is this the only issue? If it is I'm going to give it a try.

And Jesse, yes a copy of your invitation letter would be great, and if you could give me the links to thos reliable websites you mentioned in your first post I'd greatly appreciate it.

Sure thing, I have that document (invitation letter) at work and I'll send it to you tomorrow. As for the web sites, I'll dig them up too, but I should clarify that I only think they're reliable because a friend who went through this said they were, so "reliable" isn't a horribly strong assertion.

Thanks, I really appreciate it. And don't worry any information is valuable at this point lol

Yes, my idea is that since the usual time the airport people(sorry I don't know their official title) gives is 6 months, it's perfect, she can stay here legally on a tourist visa while we wait for the K-1 visa to finalize, once it's finalized then and only then do we get married. This would be great not only because we would be together but because we can plan our wedding.

Well if they let her in on the tourist visa i'm sure she could stay the 6 months.

but she would have to return back for the interview and then turn around and come back again.

*edited because i realized i asked a stupid question*

Yes, I realize that and thank God that is not a problem for us, is this the only issue? If it is I'm going to give it a try.

And Jesse, yes a copy of your invitation letter would be great, and if you could give me the links to thos reliable websites you mentioned in your first post I'd greatly appreciate it.

You haven't mentioned why she was denied. This is a critical detail. I surmise she was denied because she tried to re-enter too soon after exiting. The B2 visa is not intended for residence. It is intended for visits. So, how long was she here the last time she did visit and what was the reason given for the denial of entry?

In February she was here for 2 weeks then when she tried again in July it was denied, the guy didn't even look at her, he saw one piece of paper and said she didn't have enough proof she was coming back.

[pushbrk 12,569]

In February she was here for 2 weeks then when she tried again in July it was denied, the guy didn't even look at her, he saw one piece of paper and said she didn't have enough proof she was coming back.

What do you see as different now? What transpired to cause the CBP officer to look at proof she would return?

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