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Visiting while K1 is pending

Visiting while K1 is pending

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Old Sep 26th 2001, 8:51 pm
  #1  
Lady Ambro
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I know my fiance cannot come visit me in the States while the K1 visa is being
processed, but am I allowed to travel to his home country (Germany) to visit him,
before the visa is approved? are there restrictions against this? I am going to send
in the application in November, and I want to go visit in February. Can someone
please let me know if I'll have any problems with this. Thanks in advance.
 
Old Sep 27th 2001, 8:51 am
  #2  
Will
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Alvena Ferreira <[email protected]>
    >
[usenetquote2]> > I know my fiance cannot come visit me in the States while the K1 visa is being[/usenetquote2]
[usenetquote2]> > processed[/usenetquote2]

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_cannot come visit_ ?

Has this changed recently? The info at k1.exit.com seems to indicate that they may or
may not deny you entry if you have a k1 pending. But it certainly doesnt indicate
that there is a ruling saying "cannot".

And for that matter, I'm having a little trouble trying to fathom the logic behind
the reasoning they would deny people with pending applications entry at all. If
people were intending to enter the US and get married on a tourist visa/waiver then
why would they bother filing at all and alerting the US/INS of the fact they have a
fiance(e) in the US? Seems to me that the fact you have a visa processing should
stand in your favour, as its indicating that you're prepared to follow the correct
procedures, and if anything they shouldnt have a problem admitting you on
compassionate grounds since you are currently living apart from your fiance. Seems
like they are penalizing people for trying to do the right thing?

Further along this line of thought, if you had an _approved_ K1 visa, are you able to
enter the US on a tourist visa/waiver and _not_ activate the 90 day timer to get
married. i.e. visit for a short period, return to your home country, then later
return and enter using the K1 visa and get married. (the scenario being having
planned a full wedding and reception at a later date, but wanting to visit in the
interim between visa approval and the set wedding date)

Will
 
Old Sep 27th 2001, 7:40 pm
  #3  
Kevin Schroeder
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This is exactly true. An alien can enter the U.S. to visit their fiance as often as
they want. I've come through a number of times while waiting for our applciation to
be approved. Each time I told the customs officer that I was going to visit my
fiancee. The first time I was brought to a back room for more extensive questioning
and the officer said that if I had brought my INS receipt along it would make it much
easier. So the next time I did and I got the same agent. Showed him the receipt and
reminded him of being in the back room. We laughed about the INS for a few moments
and he flagged me through. No problems.

Kevin

"Will" <[email protected]>
[usenetquote2]> > lady ambro wrote:[/usenetquote2]
[usenetquote2]> > > I know my fiance cannot come visit me in the States while the K1 visa is being[/usenetquote2]
[usenetquote2]> > > processed[/usenetquote2]
    >
[usenetquote2]> > You can visit your fiance in Germany or any other place outside the US that both[/usenetquote2]
[usenetquote2]> > of you can meet, as much as you want, during this process.[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
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