Miztiki

My guy and I are going to start the K-1 visa process Monday so that he can come to the States and we can get married. I understand (I think) that he can't just hop on a plane and spend time with me while the visa application is going thru, but is there any reason why I can't hop on a plane and spend time with him in London? We miss eachother and can't stand being apart.

I'm hoping that I could spend a couple of months with him, fly back to the States for a while, then fly back out there again. Is there any reason that we couldn't do that? Any input would be much appreciated as I have already made some major announcements about my plans over here. The whole visa process is so wierd to me that I thought I should check with you even though I see no reason why I wouldn't be able to spend time with him in London.

Thanks for your help!

Ocean Hater

BeachBunny

There is no reason why you can't go over there. Just remember.. you will need to probably have a co-sponsor for the affidavit of support ... unless you're independently wealthy.

I've been over there 3 times to see my husband... sometimes they question me more than other times..

cutenurse300

Even your fiance could visit you in the us..i did it a few times,even with a pending I 129 f...without a problem,as long as you have proof that you have to go back after your visit.Ofcourse nobody could give you a guarantee at the POE,it just depends all from the officer.Good luck!

Miztiki

I don't follow you. I don't want to move to London, I just want to be able to spend time with him while we're waiting for the whole visa thing to go through. I'm flat broke but he's pretty well off. Could you please explain what you are saying? Thanks.

rreynol

Part of the K1 process involves you filing and Affidavit of Support to prove to the immigration officer that YOU can support HIM. You will need a sponsor if you don't make 125% over the poverty level. If you leave your job to stay with him during the process you won't have any income. Either parents, brothers, sisters, can make good sponsors.

Good luck, London is great by the way. Was there myself for a few months last year. Enjoy!

Miztiki

rreynol, Beach Bunny,

I see what you're saying now. That's a different subject, but you see no reason why I can't go to London while we're waiting for the visa process to go through, right? We'll be getting an attorney Monday and I'm sure that will help to answer all of our questions, but I wanted to know what everyone here thought about it (translated=no patience, want to know NOW!) :-)

As far as the other thing you mentioned, it's the other way around. When he finally moves here to the States, HE will be the one supporting ME. I'm on disability and unable to work. He does well enough with his business that he won't need a co-sponsor. Even if for some reason he does, he has a colleague and good friend in Texas who would do that for him.

I just got back from London a little over a week ago and am hoping to be there again by the end of this month. I'm a country girl and not too fond of cities, but I'm not going there for the sights! I need my baby is all.

bubbadog

I understand it being the other way around, but you, as the US citizen, will have to file an affidavit of support showing that you can support him.

rreynol

[QUOTE]Originally posted by Miztiki
rreynol,

I see what you're saying now. That's a different subject, but you see no reason why I can't go to London while we're waiting for the visa process to go through, right? We'll be getting an attorney Monday and I'm sure that will help to answer all of our questions, but I wanted to know what everyone here thought about it (translated=no patience, want to know NOW!) :-)


You should have no problem staying in London. I'll tell you about my case.
I met my wife in London. She is S. Korean. She was there on a student visa. We got sick of being apart so I left the US and went to London to stay with her. We were there for a few months. We then went to Vancouver (It's the only place both of us could go for 6 months without a visa)!! We were married in Vancouver. I filed the I-130 and the I-129f. We had enough money saved up to live very comfortably in Canada while we waited for the visa. It took about 6 months to do everything, but I wouldn't do it any other way. Those six months were GREAT, we really got to know each other. We've been married a year now, everything is going great. I would have hated being apart for that long. Just make sure you have someone at home to catch all the paperwork for you. Fedex is your friend!!

--rreynol

Shannon

As the sponsor YOU will need to show that you can support him when he gets to the US. Even if he has lots of money and income he cannot use that as the basis of the I-864 application. You can get his best friend to be a co-sponsor if he agrees to it. It just has to be a USC (I think!) certainly not the person who is immigrating.

S

mrpink

Go for it!

SecretGarden and I submitted our I-129F to NSC in May, and there ended my chances of visiting her in the US until the process is complete (I know technically I can still do that, but I'm not happy about the risks). She came to the UK to vist me in July, and in the 16 days we were together we toured all the places that we wanted to see together.

This was her first visit to England, and an excellent opportunity to really see who I am and where I came from. Hehe, time for culture shock! Welcome to my world!

We find (like most people here, I'm sure) that it helps to have something planned that we can look forward to, something that allows us to count down the days. We had a *wonderful* time together and by the time we had to part we were already a couple of months into the long wait.

Cheers,

Mr Pink
~and SecretGarden
~~"why do you all drive so fast?"

ire blues

How would the Immigration officials know that a K1 is pending? I sent my I129F in on 2 Sept and my boyfriend is visiting me for 11 days the end of October.

Would the information on the Visa pending situation, show up on a database when he shows them his passport?

leebarton

I visited twice with an outstanding K-1. They didnt even know I had one pending!

There is no reason at all he can't visit you while the K-1 is being processed... but if I was him I would bring proof you are going back eg mortgage statements, bank statements, letters from co workers etc... basically if they did happen to pick on you to question and you said you had a fiancee in the US it makes it a lot easier to prove you have no intent to stay at this time and are just visiting.

Lee

Mrtravel

rreynol wrote:

    > I have a hypothetical question. It seems a bit screwed up but what if
    > my wife didn't want to be a permanent resident of the US? Suppose we
    > wanted to live in her country?
    >
    > Now here's my problem with the US laws, She would legally never be able
    > to even visit the US!! Say we wanted to visit my family in the US over
    > the holidays. When we get to the POE they see that she is married to a
    > US citizen, she's not a permanent resident and not a K3 visa holder.
    > Visa waiver, no problem, but legally they shouldn't let her in the
    > country because they will assume she won't leave the country because
    > she's married to a US citizen!!
    >
    > Am I totally wrong here or is this the likely thing to happen if I
    > choose to live in my wife's country?
    >

With ample evidence of your residence, family, employment in the other
country she could be able to get a visa or enter on VWP

BeachBunny

Actually, as far as the K-1 goes if he can show enough assets that you won't need to file the affidavit of support. I forget the specifics, but I'm sure your lawyer can tell you.

As far as going to the UK, its no problem. I would maybe just bring a copy of your NOA1 with you. Here's what happened with me going over there:

#1: (Gatwick, Dec 25th, 2002) How long are you staying? (two weeks) What are you here for? Holiday? (yes).

Visa stamped in passport

#2: (Heathrow, March 15, 2003) Have you ever been to the UK before? (yes, a couple of months ago) How long did you stay for? (two weeks) Where are you staying? (my in-laws) Is your husband a British citizen? (yes) How long have you been married? (5 years) Is your husband visiting with you? (no, he is currently living here; we are waiting on his immigration visa) You don't plan on staying here? (no, we will live in California). What does your husband do? (construction work). What do you do? (Catering Director)

Visa stamped in passport

#3: (Heathrow, July 21, 2003) Have you ever been to the UK? (yes, twice before) Purpose of visit? (My husband has a immigration appointment with the American Embassy tomorrow) You don't plan on living here, do you? (absolutely NOT!) Do you have a return tix? (yes, showed it to her)

Visa stamped in passport

I probably gave too much info... but I'm not good at skating the truth.. I figure if I evaded the truth, it would show up in my face. My eyes get really big when i lie, and I blush.

mrpink

1. For the OP there is absolutely no legal reason why a USC cannot go visit her fiance with a pending K1 (other than the usual obligations of employment, finances, parenting issues if they apply).

2. Although there is nothing that legally prevents a fiance visiting during the K1 process this is not without risk. When the passport is scanned at immigration the information it contains will be available at the POE. You can safely assume they know what your plans are - if they can tell when someone has been banned then they can also tell when someone has alerted the immigration authorities to their intentions. Any POE officer has the authority to turn away anyone at any time for any reason, regardless of what supporting documents (mortgage statements, letters from employer etc) are presented. If you are turned away and refused entry a mark is made in your passport, and this can cause problems at later stages in the process. Depending on the circumstance and mood of the particular officer at the POE you could be placed under a 3-year, 10-year or pemanent ban from the United States.

If the fiance does choose to attempt to enter the US with a pending K1 he or she should bring as much documentation as possible showing they intend to return, but there are no guarantees.

For us it wasn't worth the potential risk and the stress level, so she came to me for a visit in the UK and we won't see each other again until we're approved. Everybody has to make their own choices.

Good luck with whatever you decide to do! :-)

Cheers,

Mr Pink
~and SecretGarden
~~DAY 100!!!!!!

Ticking away the moments that make up a dull day
You fritter and waste the hours in an offhand way
Kicking around on a piece of ground in your home town
Waiting for someone or something to show you the way