pezeke

My fiance is visiting for the last time before we file the petition. My question is he will be leaving then I mail the forms under #13 it asks if fiance is currently in US and then below asks for a number.....

well do I need to fill that out since he will be back home already before I mail the forms?

and do i fill them both out?

THanks

Dabear?

No just fill it in as if he was not there, which he better not be. He will not be
allowed in the US while the K1 is being processed. You can go and see him. I am sure
that question is for another application. Hopefully this will help you.

pezeke wrote:

    > My fiance is visiting for the last time before we file the petition. My question is
    > he will be leaving then I mail the forms under #13 it asks if fiance is currently
    > in US and then below asks for a number.....
    >
    > well do I need to fill that out since he will be back home already before I mail
    > the forms?
    >
    > and do i fill them both out?
    >
    > THanks
    >
    > --
    > Posted via http://britishexpats.com

Mrtravel

Dabear© wrote:
    >
    > No just fill it in as if he was not there, which he better not be. He will not be
    > allowed in the US while the K1 is being processed. You can go and see him. I am
    > sure that question is for another application.

Of course he can be in the US while is K1 is processed. There is nothing that says he
can't be in the US when you send in the I-129F.

Dabear?

since when???????? I think you should watch what you tell people. You check with any
Canadian that has a fiancee or fiancé in the US applying for a K1, and they will tell
you to stay out, if you get caught at the border trying to enter the US they can
refuse you to enter and also ban you from the US for up to 10 years. Here is a quote
from http://www.usembassy.org.uk/cons_web...faq_spouse.htm

this is from the US Embassy in London

Can I travel to the United States while my application for an immigrant or fiancé(e)
visa is being processed? If you intend taking up permanent residence in the U.S., you
are required to wait until the immigrant or fiancé(e) visa is issued. You cannot
reside in the U.S. on a tourist visa or visa free under the Visa Waiver Program while
waiting the issuance of an immigrant or fiancé(e) visa. However, if you wish to make
a temporary visit at the end of which you will return to your permanent residence
outside the United States, you may travel on a tourist (B-2) visa, or visa free under
the Visa Waiver Program, if qualified.

If applying for a B-2 visa, you are required to furnish evidence of your residence
outside the United States to which you intend returning at the end of your temporary
stay. Although a pending immigrant or fiancé(e) visa application is not necessarily
conclusive evidence of intent to abandon a U.K. residence, it is a factor considered
by consular officers reviewing a visa application. If you are unable to convince the
consular officer reviewing the application that you do not intend abandoning your
residence, you will not be issued a visa.

When traveling to the U.S. either with a visa or visa free under the Visa Waiver
Program, you should be sure to carry with you for presentation to U.S. immigration
evidence of your residence outside the U.S. If the immigration inspector is not
convinced that you are a bona fide visitor for pleasure, you will be denied entry
into the United States.

mrtravel wrote:

    > Dabear© wrote:
    > >
    > > No just fill it in as if he was not there, which he better not be. He will not be
    > > allowed in the US while the K1 is being processed. You can go and see him. I am
    > > sure that question is for another application.
    >
    > Of course he can be in the US while is K1 is processed. There is nothing that says
    > he can't be in the US when you send in the I-129F.

Bastian Freitag

TEST-- Original Message TEST-- From: "mrtravel" <[email protected]> Newsgroups:
alt.visa.us.marriage-based Sent: Tuesday, June 25, 2002 6:53 AM Subject: Re: I-129F
form question

    > Dabear© wrote:
    > >
    > > No just fill it in as if he was not there, which he better not be. He
will
    > > not be allowed in the US while the K1 is being processed. You can go and see him.
    > > I am sure that question is for another application.
    >
    > Of course he can be in the US while is K1 is processed. There is nothing that says
    > he can't be in the US when you send in the I-129F.

We filed for the I-129F while i was in the US in May. I don't see any problem with
doing so. Like mrtravel said - there is nothing that says one can't be in the US
while filling out the application and sending it in. Just put in your I-94 number,
your current status (i assume visitor), the date you arrived and the expiration date
of the I-94 as stated on it.

Bastian

Bastian Freitag

In addition it shows that you have actually met and seen each other. I copied the
passport pages too and submitted them as well as the ticket stubs.

Bastian

Morkai Kurst

Umm you obviously didn't read what you posted very well. This sentance here:

"However, if you wish to make a temporary visit at the end of which you will return
to your permanent residence outside the United States, you may travel on a tourist
(B-2) visa, or visa free under the Visa Waiver Program, if qualified."

states quite clearly you are allowed to visit while application is in progress.

And this bit: "When traveling to the U.S. either with a visa or visa free under the
Visa Waiver Program, you should be sure to carry with you for presentation to U.S.
immigration evidence of your residence outside the U.S. If the immigration inspector
is not convinced that you are a bona fide visitor for pleasure, you will be denied
entry into the United States."

is the warning. Basically you have to carry enough evidence to prove you are going
home again, eg letter from employer stating you are expected back at work on such and
such a date, similar from landlord if you have one. That sort of thing. If your gonna
shell out for flights its not really advisable since at the end of the day if the
customs officer has had a bad day then they can just say no and send you back home.
No choice and you've just wasted your airfare.

However that was not what mrTravel was talking about, he was talking about filing the
I-29F while in the country and that is perfectly allowable. My partner and I did
exactly that while I was in the US last time. I filled out that section of the form,
which asked for my I-94 number and its date of expiry. Quite obviously so that they
can check if you really did leave since you need to be back in your country of
residence for the second half of the application process. My application was approved
in 4 weeks, no hassles, no questions.

mrTravel has been around a while, he knows what he is talking about. I've never seen
him give a wrong answer yet.

Morkai

"Dabear©" <[email protected]> wrote in message news:[email protected]...
    > since when???????? I think you should watch what you tell people. You check with
    > any Canadian that has a fiancee or fiancé in the US
applying for
    > a K1, and they will tell you to stay out, if you get caught at the border
trying
    > to enter the US they can refuse you to enter and also ban you from the US
for up
    > to 10 years. Here is a quote from
http://www.usembassy.org.uk/cons_web...faq_spouse.htm
    >
    > this is from the US Embassy in London
    >
    > Can I travel to the United States while my application for an immigrant or
    > fiancé(e) visa is being processed? If you intend taking up permanent residence in
    > the U.S., you are required
to
    > wait until the immigrant or fiancé(e) visa is issued. You cannot reside in
the
    > U.S. on a tourist visa or visa free under the Visa Waiver Program while
waiting
    > the issuance of an immigrant or fiancé(e) visa. However, if you wish to
make a
    > temporary visit at the end of which you will return to your permanent
residence
    > outside the United States, you may travel on a tourist (B-2) visa, or visa
free
    > under the Visa Waiver Program, if qualified.
    >
    > If applying for a B-2 visa, you are required to furnish evidence of your residence
    > outside the United States to which you intend returning at the
end of
    > your temporary stay. Although a pending immigrant or fiancé(e) visa
application
    > is not necessarily conclusive evidence of intent to abandon a U.K.
residence, it
    > is a factor considered by consular officers reviewing a visa application.
If you
    > are unable to convince the consular officer reviewing the application that
you
    > do not intend abandoning your residence, you will not be issued a visa.
    >
    > When traveling to the U.S. either with a visa or visa free under the Visa
Waiver
    > Program, you should be sure to carry with you for presentation to U.S. immigration
    > evidence of your residence outside the U.S. If the immigration inspector is not
    > convinced that you are a bona fide visitor for pleasure,
you
    > will be denied entry into the United States.
    >
    >
    >
    >
    > mrtravel wrote:
    >
    > > Dabear© wrote:
    > > >
    > > > No just fill it in as if he was not there, which he better not be. He
will
    > > > not be allowed in the US while the K1 is being processed. You can go
and
    > > > see him. I am sure that question is for another application.
    > >
    > > Of course he can be in the US while is K1 is processed. There is nothing that
    > > says he can't be in the US when you send in the I-129F.

Dabear?

Yes but mrtravel said this in his post "Of course he can be in the US while is K1 is
processed.", which would then have to classify this to a K3 Visa, right?

Morkai Kurst wrote:

    > Umm you obviously didn't read what you posted very well. This sentance here:
    >
    > "However, if you wish to make a temporary visit at the end of which you will return
    > to your permanent residence outside the United States, you may travel on a tourist
    > (B-2) visa, or visa free under the Visa Waiver Program, if qualified."
    >
    > states quite clearly you are allowed to visit while application is in progress.
    >
    > And this bit: "When traveling to the U.S. either with a visa or visa free under the
    > Visa Waiver Program, you should be sure to carry with you for presentation to U.S.
    > immigration evidence of your residence outside the U.S. If the immigration
    > inspector is not convinced that you are a bona fide visitor for pleasure, you will
    > be denied entry into the United States."
    >
    > is the warning. Basically you have to carry enough evidence to prove you are going
    > home again, eg letter from employer stating you are expected back at work on such
    > and such a date, similar from landlord if you have one. That sort of thing. If your
    > gonna shell out for flights its not really advisable since at the end of the day if
    > the customs officer has had a bad day then they can just say no and send you back
    > home. No choice and you've just wasted your airfare.
    >
    > However that was not what mrTravel was talking about, he was talking about filing
    > the I-29F while in the country and that is perfectly allowable. My partner and I
    > did exactly that while I was in the US last time. I filled out that section of the
    > form, which asked for my I-94 number and its date of expiry. Quite obviously so
    > that they can check if you really did leave since you need to be back in your
    > country of residence for the second half of the application process. My application
    > was approved in 4 weeks, no hassles, no questions.
    >
    > mrTravel has been around a while, he knows what he is talking about. I've never
    > seen him give a wrong answer yet.
    >
    > Morkai
    >
    > "Dabear©" <[email protected]> wrote in message
    > news:[email protected]...
    > > since when???????? I think you should watch what you tell people. You check with
    > > any Canadian that has a fiancee or fiancé in the US
    > applying for
    > > a K1, and they will tell you to stay out, if you get caught at the border
    > trying
    > > to enter the US they can refuse you to enter and also ban you from the US
    > for up
    > > to 10 years. Here is a quote from
    > http://www.usembassy.org.uk/cons_web...faq_spouse.htm
    > >
    > > this is from the US Embassy in London
    > >
    > > Can I travel to the United States while my application for an immigrant or
    > > fiancé(e) visa is being processed? If you intend taking up permanent residence in
    > > the U.S., you are required
    > to
    > > wait until the immigrant or fiancé(e) visa is issued. You cannot reside in
    > the
    > > U.S. on a tourist visa or visa free under the Visa Waiver Program while
    > waiting
    > > the issuance of an immigrant or fiancé(e) visa. However, if you wish to
    > make a
    > > temporary visit at the end of which you will return to your permanent
    > residence
    > > outside the United States, you may travel on a tourist (B-2) visa, or visa
    > free
    > > under the Visa Waiver Program, if qualified.
    > >
    > > If applying for a B-2 visa, you are required to furnish evidence of your
    > > residence outside the United States to which you intend returning at the
    > end of
    > > your temporary stay. Although a pending immigrant or fiancé(e) visa
    > application
    > > is not necessarily conclusive evidence of intent to abandon a U.K.
    > residence, it
    > > is a factor considered by consular officers reviewing a visa application.
    > If you
    > > are unable to convince the consular officer reviewing the application that
    > you
    > > do not intend abandoning your residence, you will not be issued a visa.
    > >
    > > When traveling to the U.S. either with a visa or visa free under the Visa
    > Waiver
    > > Program, you should be sure to carry with you for presentation to U.S.
    > > immigration evidence of your residence outside the U.S. If the immigration
    > > inspector is not convinced that you are a bona fide visitor for pleasure,
    > you
    > > will be denied entry into the United States.
    > >
    > >
    > >
    > >
    > > mrtravel wrote:
    > >
    > > > Dabear© wrote:
    > > > >
    > > > > No just fill it in as if he was not there, which he better not be. He
    > will
    > > > > not be allowed in the US while the K1 is being processed. You can go
    > and
    > > > > see him. I am sure that question is for another application.
    > > >
    > > > Of course he can be in the US while is K1 is processed. There is nothing that
    > > > says he can't be in the US when you send in the I-129F.

Kristin

Well, I'm a US citizen with a Canadian fiance who is almost ready for his interview,
and he's entered about 15 times since we filed the paperwork. He just always has
proof he's not MOVING to the US when he enters - he's still allowed to visit. I don't
know about the issue of being in the US when you file the K-1, although the fact that
there's a space on the I-129F form to indicate that makes me think it's not a
problem, as long as you are here legally.

For the OP, I put "N/A" in that space (although he was here visiting for the weekend
when we were completing the paperwork) and we got approved. Good luck! Kristin

Dabear© wrote:

    > You check with any Canadian that has a fiancee or fiancé in the US applying for a
    > K1, and they will tell you to stay out, if you get caught at the border trying to
    > enter the US they can refuse you to enter and also ban you from the US for up to
    > 10 years.

Andy Platt

"Dabear©" <[email protected]> wrote in message news:[email protected]...
    > Yes but mrtravel said this in his post "Of course he can be in the US
while is
    > K1 is processed.", which would then have to classify this to a K3 Visa,
right?

No. The difference between a K-1 and a K-3 is that with a K-1 the marriage has not
taken place but with a K-3 it has; in the former case the I-129F can be filed
first, in the second case the I-129F can only be filed after receiving the NOA for
the I-130.

Andy.

--
I'm not really here - it's just your warped imagination.

Morkai Kurst

nope, K3 is for already married couples I believe. The foreign partner will have to
go back to their own country for the interview, but there is nothing stopping them
being in the country at the time of filing or during the time before it is approved,
or visiting during that period, providing they provide enough evidence that they will
indeed be returning to their own country. And in the case of being already in the
country at the time of filing, they return home before the expiry of their I-94 or
whatever visa they are there on.

Morkai

"Dabear©" <[email protected]> wrote in message news:[email protected]...
    > Yes but mrtravel said this in his post "Of course he can be in the US
while is
    > K1 is processed.", which would then have to classify this to a K3 Visa,
right?
    >
    > Morkai Kurst wrote:
    >
    > > Umm you obviously didn't read what you posted very well. This sentance
here:
    > >
    > > "However, if you wish to make a temporary visit at the end of which you will
    > > return to your permanent residence outside the United States, you may travel on a
    > > tourist (B-2) visa, or
visa
    > > free under the Visa Waiver Program, if qualified."
    > >
    > > states quite clearly you are allowed to visit while application is in progress.
    > >
    > > And this bit: "When traveling to the U.S. either with a visa or visa free
    > > under the
Visa
    > > Waiver Program, you should be sure to carry with you for presentation to U.S.
    > > immigration evidence of your residence outside the U.S. If the
immigration
    > > inspector is not convinced that you are a bona fide visitor for
pleasure,
    > > you will be denied entry into the United States."
    > >
    > > is the warning. Basically you have to carry enough evidence to prove you
are
    > > going home again, eg letter from employer stating you are expected back
at
    > > work on such and such a date, similar from landlord if you have one.
That
    > > sort of thing. If your gonna shell out for flights its not really
advisable
    > > since at the end of the day if the customs officer has had a bad day
then
    > > they can just say no and send you back home. No choice and you've just wasted
    > > your airfare.
    > >
    > > However that was not what mrTravel was talking about, he was talking
about
    > > filing the I-29F while in the country and that is perfectly allowable.
My
    > > partner and I did exactly that while I was in the US last time. I filled
out
    > > that section of the form, which asked for my I-94 number and its date of expiry.
    > > Quite obviously so that they can check if you really did leave
since
    > > you need to be back in your country of residence for the second half of
the
    > > application process. My application was approved in 4 weeks, no hassles,
no
    > > questions.
    > >
    > > mrTravel has been around a while, he knows what he is talking about.
I've
    > > never seen him give a wrong answer yet.
    > >
    > > Morkai
    > >
    > > "Dabear©" <[email protected]> wrote in message
    > > news:[email protected]...
    > > > since when???????? I think you should watch what you tell people. You check
    > > > with any Canadian that has a fiancee or fiancé in the US
    > > applying for
    > > > a K1, and they will tell you to stay out, if you get caught at the
border
    > > trying
    > > > to enter the US they can refuse you to enter and also ban you from the
US
    > > for up
    > > > to 10 years. Here is a quote from
    > > http://www.usembassy.org.uk/cons_web...faq_spouse.htm
    > > >
    > > > this is from the US Embassy in London
    > > >
    > > > Can I travel to the United States while my application for an
immigrant or
    > > > fiancé(e) visa is being processed? If you intend taking up permanent residence
    > > > in the U.S., you are
required
    > > to
    > > > wait until the immigrant or fiancé(e) visa is issued. You cannot
reside in
    > > the
    > > > U.S. on a tourist visa or visa free under the Visa Waiver Program
while
    > > waiting
    > > > the issuance of an immigrant or fiancé(e) visa. However, if you wish
to
    > > make a
    > > > temporary visit at the end of which you will return to your permanent
    > > residence
    > > > outside the United States, you may travel on a tourist (B-2) visa, or
visa
    > > free
    > > > under the Visa Waiver Program, if qualified.
    > > >
    > > > If applying for a B-2 visa, you are required to furnish evidence of
your
    > > > residence outside the United States to which you intend returning at
the
    > > end of
    > > > your temporary stay. Although a pending immigrant or fiancé(e) visa
    > > application
    > > > is not necessarily conclusive evidence of intent to abandon a U.K.
    > > residence, it
    > > > is a factor considered by consular officers reviewing a visa
application.
    > > If you
    > > > are unable to convince the consular officer reviewing the application
that
    > > you
    > > > do not intend abandoning your residence, you will not be issued a
visa.
    > > >
    > > > When traveling to the U.S. either with a visa or visa free under the
Visa
    > > Waiver
    > > > Program, you should be sure to carry with you for presentation to U.S.
    > > > immigration evidence of your residence outside the U.S. If the
immigration
    > > > inspector is not convinced that you are a bona fide visitor for
pleasure,
    > > you
    > > > will be denied entry into the United States.
    > > >
    > > >
    > > >
    > > >
    > > > mrtravel wrote:
    > > >
    > > > > Dabear© wrote:
    > > > > >
    > > > > > No just fill it in as if he was not there, which he better not be.
He
    > > will
    > > > > > not be allowed in the US while the K1 is being processed. You can
go
    > > and
    > > > > > see him. I am sure that question is for another application.
    > > > >
    > > > > Of course he can be in the US while is K1 is processed. There is nothing that
    > > > > says he can't be in the US when you send in
the
    > > > > I-129F.
    >