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Visiting during the I129-F process

Visiting during the I129-F process

Old Jan 8th 2002, 7:33 pm
  #1  
Debbie Barfield
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Since this is a frequent question (I know I asked several times myself), I thought
I'd post our experience.

My fiance (UKC) flew in for a visit for the holidays. This was his experience with
the POE officer. POE - Scanned his passport, then asked, business or pleasure? UKC -
Pleasure POE - when were you last here? UKC - I'm not sure, July/Aug I think (it was
Sept/Oct, he has a terrible memory) POE - how long did you stay? UKC - 2 weeks POE -
how long are you staying this time? UKC - 2 weeks POE - why do you always stay 2
weeks? UKC - that's how much holiday I get at a time. Actually 2.5 2 week periods per
year POE - you guys get more vacation than we do UKC - but you get more public
holidays POE - we get 12 UKC - that's more than we get POE - but vacation is better.
Well, have a good stay.

It was all very informal, friendly and chatty. He had to have seen us in the
computer, we were approved 4 days later.

Debbie
 
Old Jan 8th 2002, 8:14 pm
  #2  
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Glad he made it through without a problem. As for must have seen you in the computer cause you were approved four days later. Don't think your names would have been in the computer at that time. If you were approved for only the I-129F portion of the Fiancee Visa, you were safe from the additional scrunity at the POE because of having a visa pending.

Hey congratulations on being 1/2 way there.

Rete
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Old Jan 9th 2002, 4:00 am
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"If you were approved for only the I-129F portion of the Fiancee Visa, you were safe from the additional scrunity at the POE because of having a visa pending"

The wording is very confusing..

Are you saying that being approved 2nd NOA is good or bad for travelling into US on visa waiver?
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Old Jan 9th 2002, 10:48 am
  #4  
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Waiting <[email protected]>
    >
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Why?

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What is "being approved 2nd NOA"?

There is only one NOA = Notice of Approval. This couple's approval first of all
happened after entry into the US and therefore there is no way their names were in an
INS computer at the POE. If it had occurred before, it is still doubtful that their
names were in the INS computer. The approval and paperwork has to be transmitted to
the US Consulate. In turn the US Consulate sends out the package and the fiancee
returns the checklist and viola an interview date is generated for the K-1 interview.
It is MPO that this is the time of the visa processing where the foreign spouse would
have the hardest time entering the US. Their name is on the INS computer and the US
Consulate's computer and their FBI check is being done at the request of the US
Consulate.

Hope this explanation has clarified things for you.

Rete
 
Old Jan 9th 2002, 11:38 pm
  #5  
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Ok, one more time, please, for the bureaucratese-impaired:

Are you saying that until the foreign person fills out the various forms and submits them to the embassy, that person is not in the INS computer and is therefore free to visit? I hope so, because my sweetheart will be here in two weeks.

Also, what is MPO? <scratching my head>
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Old Jan 10th 2002, 12:36 am
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MPO = My Personal Opinion

You are always free to visit with or without your name being in the computer. The thing that makes or breaks the visit is the examiner at the POE. If they feel that you have the intent to stay and not leave the US they won't allow you in. Your name doesn't have to be in the computer for that to happen.

Follow the advice the NG always gives out for anyone coming in, be honest, be brief, answer the question, don't elaborate and don't volunteer information. Come prepared to prove, if necessary, that you are returning home to your own country. For someone with a K-1 pending it isn't much different than someone without one but who says they are going to visit their fiancee or girlfriend. I feel it is perhaps a little easier for the person with the K-1 pending. Why? Because you are showing the examiner you are following the prescribed laws and doing it the right way. You have a wedding planned for such and such a date and are not going to come to the US and screw up the arrangements. Jim visited me for a month after the I-129F was approved and while he was waiting to return the checklist to the Consulate. He told them at the border he was visiting his fiancee for a month. They didn't stop him because he said he had a K-1 pending and was returning to home for the interview.

As I said, IMO, even if your names are in the computer, if you are prepared you won't have a problem.

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