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Topic: Visiting after I-129F has been filed  (Read 1354 times)

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    • Just Frances
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Visiting after I-129F has been filed
« on: October 19, 2004, 10:17:42 PM »
Okay.  So, I have heard that after you start the paperwork for the I-129F fiance(e) visa, you may have a problem entering the states to visit, as the thought by immigration may be that you are trying to skip in a bit early.

I've gotten rather conflicting views through web searches.  One view is that you need to apply for a visitors visa before heading State-side.  The other view is that you need only show up with a round trip ticket and/or itinerary and a letter from your boss saying that you have a job waiting for you back in the UK and you are expected back by X date.

The DF is coming Dec 23-Jan 2, and we will be turning in the I-129F the start of November (wedding in May).  Anyone who has had experience here, your help is greatly appreciated!!

Cheers,
Frances


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Re: Visiting after I-129F has been filed
« Reply #1 on: October 19, 2004, 10:50:49 PM »
http://www.usembassy.org.uk/cons_web/faqs/iv/faq_spouse.htm

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 an immigration inspector 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.

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My fiancee and I are also in the middle of the I-129F process. I might have a new job soon that will not allow me to take a holiday to England at Christmas as originally planned so he will come here. We are under the understanding that as long as he does not have the visa in his passport, he can travel here as a regular tourist with provided documentation that he will be returning to his home in England {in his case- a round trip plane ticket, letter from his parents where he is residing and a letter from his job acknowledging his holiday and confirming his return to the job once the holiday is complete.} Once he DOES have the visa in his passport {after his interview in London at the Embassy}, I do not think he is allowed here until he is willing to activate the fiancee visa {and that won't be any sooner then 90 days prior to our wedding on July 28, 2005.} *PLEASE* if I am wrong, someone let me know too! :)
Lived in Cheltenham, England> 2003-2004
Lived in London, England> August 2005- April 2009
Back home in Brooklyn, NY since April 2009


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Re: Visiting after I-129F has been filed
« Reply #2 on: October 20, 2004, 04:45:37 AM »
We used the B1/B2 visa for travel, but completely by accident.  My DH got tugged for an interview when he was coming for one of his visits ( he was crashing at my place between offshore jobs).  The immigration offical suggested that he get a vias since he was visiting so much.  He sent away to the consulate in London for is and it took about 5 days. (This was in 2002). 

He continued to visit between offshore trips even after I filed the I-129F.  Now he did get a little extra attention when he told the immigration officer that he was coming to visit his fiance.  But after in interview where he cleared up the whole reason for his frequent visits, they only gave his trouble until they came to that page in his file. 

As for the fiancee visa, once it's in his passport, traveling to the US will activate it.  So once he has it in his passport he can not come for a visit unless he intends to stay.  Leaving will void all of your hard work.  Just an extra note, he can not leave the country for any reason after entering on the fiancee vias, without premission from the INS (advance parolle, leave to reenter).  This is can be applied for once you file the green card paperwork. 

edited because I left it hanging
« Last Edit: October 20, 2004, 04:59:55 AM by beccaboo »
Dream a dream of England .......... Some day


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Re: Visiting after I-129F has been filed
« Reply #3 on: October 20, 2004, 04:51:31 AM »
  Just an extra note, he can not leave the country for any reason after entering on the fiancee vias, without premission from the INS (advance parolle, leave to reenter).  This is expecially important once you file the green card paperwork. 

Yes! And I think even after the wedding and before the spousal visa goes into effect, you can not leave the country without permission. We have decided to go to Hawai'i for our honeymoon to 'stay safe.'
Lived in Cheltenham, England> 2003-2004
Lived in London, England> August 2005- April 2009
Back home in Brooklyn, NY since April 2009


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Re: Visiting after I-129F has been filed
« Reply #4 on: October 20, 2004, 05:02:23 AM »
Yes! And I think even after the wedding and before the spousal visa goes into effect, you can not leave the country without permission. We have decided to go to Hawai'i for our honeymoon to 'stay safe.'

Just to be safe, we took our honeymoon before the wedding.  I went to London with him to get his fiance vias.  We also visited his kids and did some sightseeing.  It was great, but they wouldn't let me into the visa section of the embassy with him.  I waited in the park next to the embassy.  At least it was a nice day.
Dream a dream of England .......... Some day


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