Ken

I filed I-129F a week ago with califonia service center.
I realized it's going to take more than I thought.
Can my fiance visit me in US before the INS approval ?
Will this be a problem later when she's getting K-1 Visa ?
She has visitor's visa that's valid for 10 yrs.

Thanks,

ken.

thing2

In January, I spent 2 weeks with my honey in the US, and just made sure I had proof of returning to the UK (I took a letter from my boss on headed paper saying when I was due back to work) - didn't need it though.

Linda & Eric

From what I understand it's a bit of a gamble. They do have every right to turn her away at the POE if they think that she may want to emigrate.

Be sure to have her get ties to her home country, bank accounts, rent receipts, letter from her employer. Good Luck. I'm sure she'll be fine.

Gardener

Someone correct me if I'm wrong, but you could marry your girlfriend
while she is here and go through an AOS immediately after! No need
for going through all that crap for a K-1 or K-3. My attorney friend
married his Philippine girlfriend that way. Consider yourself
extremely lucky that you won't have to go through the pain and agony
of the "proper" way to do things!!!

//////////////////

[email protected] (ken) wrote in message news:...
    > I filed I-129F a week ago with califonia service center.
    > I realized it's going to take more than I thought.
    > Can my fiance visit me in US before the INS approval ?
    > Will this be a problem later when she's getting K-1 Visa ?
    > She has visitor's visa that's valid for 10 yrs.
    >
    > Thanks,
    >
    > ken.

Ron

I agree with you, but I can already hear the flames crackling. ;-)


"gardener" wrote in message
news:[email protected]...
    > Someone correct me if I'm wrong, but you could marry your girlfriend
    > while she is here and go through an AOS immediately after! No need
    > for going through all that crap for a K-1 or K-3. My attorney friend
    > married his Philippine girlfriend that way. Consider yourself
    > extremely lucky that you won't have to go through the pain and agony
    > of the "proper" way to do things!!!
    > //////////////////
    > [email protected] (ken) wrote in message
news:...
    > > I filed I-129F a week ago with califonia service center.
    > > I realized it's going to take more than I thought.
    > > Can my fiance visit me in US before the INS approval ?
    > > Will this be a problem later when she's getting K-1 Visa ?
    > > She has visitor's visa that's valid for 10 yrs.
    > >
    > > Thanks,
    > >
    > > ken.

Ken

Linda & Eric wrote in message news:...
    > From what I understand it's a bit of a gamble. They do have every right
    > to turn her away at the POE if they think that she may want to emigrate.
    >
    > Be sure to have her get ties to her home country, bank accounts,
    > rent receipts, letter from her employer. Good Luck. I'm sure
    > she'll be fine.

So, How do they know she's in the process at the POE ?
Is she just supposed to say that to the officer ?
I cannot imagine they have database for everyone who's applying for visa
at POE..
Thanks,

ken.

Booger

"Linda & Eric" wrote in message
news:[email protected]...
    > From what I understand it's a bit of a gamble. They do have every right
    > to turn her away at the POE if they think that she may want to emigrate.

But she he said she has a visitor's visa good for 10 years. Why would it be
a problem for her to visit? Is there some rule that a beneficiary to a K1
petition cannot make a legal visit to the US?

Op

"Booger" wrote in message
news:[email protected]...
    > "Linda & Eric" wrote in message
    > news:[email protected]...
    > >
    > > From what I understand it's a bit of a gamble. They do have every right
    > > to turn her away at the POE if they think that she may want to emigrate.
    > But she he said she has a visitor's visa good for 10 years. Why would it
    > be
    > a problem for her to visit? Is there some rule that a beneficiary to a K1
    > petition cannot make a legal visit to the US?


Since she is applying to come to the US to marry and live (via the I129F and
K1), they might (at their discretion) choose to suspect her of "immigrant
intent" and turn her away, having another visa type makes no difference.
She should carry as much evidence as possible that she will return to her
home country. The officer at the POE has the authority to let her in or
not, the same as any other time. If turned away then it should not affect
her K1 processing

Paul Wolaver

whoa...

I don't know if you're cracking a joke here or not...

my fiance has a tourist visa good for 10 yrs...

if she comes here, and we get married, we can avoid all the k1, k3, 129F
brain damage?

I thought there were problems with immigration intent, etc.. ???

what's the scoop??

thanks.. paul


Ron wrote:

    >I agree with you, but I can already hear the flames crackling. ;-)
    >"gardener" wrote in message
    >news:[email protected]...
    >
    >>Someone correct me if I'm wrong, but you could marry your girlfriend
    >>while she is here and go through an AOS immediately after! No need
    >>for going through all that crap for a K-1 or K-3. My attorney friend
    >>married his Philippine girlfriend that way. Consider yourself
    >>extremely lucky that you won't have to go through the pain and agony
    >>of the "proper" way to do things!!!
    >>//////////////////
    >>[email protected] (ken) wrote in message
    >>
    >news:...
    >
    >>>I filed I-129F a week ago with califonia service center.
    >>>I realized it's going to take more than I thought.
    >>>Can my fiance visit me in US before the INS approval ?
    >>>Will this be a problem later when she's getting K-1 Visa ?
    >>>She has visitor's visa that's valid for 10 yrs.
    >>>Thanks,
    >>>ken.
    >>>
    >

Mrtravel

Booger wrote:
    >
    > "Linda & Eric" wrote in message
    > news:[email protected]...
    > >
    > > From what I understand it's a bit of a gamble. They do have every right
    > > to turn her away at the POE if they think that she may want to emigrate.
    >
    > But she he said she has a visitor's visa good for 10 years. Why would it be
    > a problem for her to visit? Is there some rule that a beneficiary to a K1
    > petition cannot make a legal visit to the US?

A visa is not a guarantee of admittance. This is clearly posted on the
DOS site and embassy sites.

During a normal tourist visit, INS has to believe you aren't going to
illegally try to stay.
After I-129F is filed, INS knows for sure you have a desire to live in
the US. By law, they have to try to make sure you aren't going to do it
while entering as a tourist. So, yes, if they know your fiancé has filed
I-129f or you tell them you are visiting your fiancé, you might have a
problem.
FWIW, the B-2 application even asks if you have a fiancé in the US. So,
it is a pertinent issue when entering as a tourist.

Linda & Eric

Paul,

No, it's no joke. There have been many heated discussions on the NG as to just this situation. Whether it be on a Tourist Visa or on the VWP. What you are suggesting carrys heavy repercussions should the INS decide during the AOS that she did have intentions to emigrate.

The question you asked about trying to avoid the K1 headache is in itself intent right there by entering on a tourist visa then marrying.

pondhopper

I cannot imagine they have database for everyone who's applying for visa
at POE..
Thanks,

Yes they do, On my visit to USA in November they entered my passport number into the computer and it returned an image of the I-129F K1 petition sent in September and they asked specific questions about the detials we had entered. I had proof of intent to return to the UK such as employers letter and car keys etc and it was OK. the motto is "tell the truth" or else!!!

Ron

There may well be problems with immigration "intent". Since I've been on
this NG, 6 months or so, there have been several heated discussions on the
issue, all dealing in hypotheticals, if memory serves me correctly. Any
decision you make regarding AOS from B-1/2 or VWP has to be based on
knowledge of the benefits/dangers involved. IIWM, I'd do it in a heartbeat.


"Paul Wolaver" wrote in message
news:[email protected]...
    > whoa...
    > I don't know if you're cracking a joke here or not...
    > my fiance has a tourist visa good for 10 yrs...
    > if she comes here, and we get married, we can avoid all the k1, k3, 129F
    > brain damage?
    > I thought there were problems with immigration intent, etc.. ???
    > what's the scoop??
    > thanks.. paul
    > Ron wrote:
    > >I agree with you, but I can already hear the flames crackling. ;-)
    > >
    > >
    > >"gardener" wrote in message
    > >news:[email protected]...
    > >
    > >
    > >>Someone correct me if I'm wrong, but you could marry your girlfriend
    > >>while she is here and go through an AOS immediately after! No need
    > >>for going through all that crap for a K-1 or K-3. My attorney friend
    > >>married his Philippine girlfriend that way. Consider yourself
    > >>extremely lucky that you won't have to go through the pain and agony
    > >>of the "proper" way to do things!!!
    > >>
    > >>//////////////////
    > >>
    > >>[email protected] (ken) wrote in message
    > >>
    > >>
    > >news:...
    > >
    > >
    > >>>I filed I-129F a week ago with califonia service center.
    > >>>I realized it's going to take more than I thought.
    > >>>Can my fiance visit me in US before the INS approval ?
    > >>>Will this be a problem later when she's getting K-1 Visa ?
    > >>>She has visitor's visa that's valid for 10 yrs.
    > >>>
    > >>>Thanks,
    > >>>
    > >>>ken.
    > >>>
    > >>>
    > >
    > >
    > >
    > >

Folinskyinla

Hi:

This is the precise issue that got ME involved in this NG in the first place. A participant in the K1.exit.com message center related an incident, I believe in Pittsburgh, where he was turned away because of a pending petition.

When he complained the INS inspector said "Its the law" and even showed where it was written. Another lawyer said no such law existed. He then called me and I agreed. It was an interesting debate since the INS guy had SHOWN him something in WRITING. All I relied on was the Immigration & Nationality Act, the regulations and case law.

I'm somewhat amused that some people actually trust the information given out by the INS. [Well, today is the last day of the INS's existence].

That said -- this is an FAQ.

Notionally speaking, you CAN visit while a petition is pending. However, the INS officer at the POE must be convinced "beyond all doubt" that it is truly just a temporary visit and the person will return home. [Note the burden of proof is higher than that imposed on the government in criminal death penalty cases].

Also, before 1996, the entry procedure potentially involved: 1. POE examination; 2. Immigration Court exclusion hearing; 3. Board of Immigration Appeals Review; 4. District Court Habeas Corpus petition; 5. Court of Appeals review; 6. Supreme Court certiorari review. In 1996, the process was streamlined to eliminate steps 2 trhough 6.

Also, a visa is no guarantee of entry. A visa is only permission to come to the POE and APPLY for admission.

Good luck.

Paulgani

I wrote an essay on entry risks a while back:

http://groups.google.com/groups?hl=e...lm=urqsesoart7
c0c%40corp.supernews.com

Paulgani

"ken" wrote in message
news:[email protected]...
    > I filed I-129F a week ago with califonia service center.
    > I realized it's going to take more than I thought.
    > Can my fiance visit me in US before the INS approval ?
    > Will this be a problem later when she's getting K-1 Visa ?
    > She has visitor's visa that's valid for 10 yrs.
    > Thanks,
    > ken.