ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & Procedurescr1 possibility

Yes, you can go through the CR1 process if you marry but to marry in the UK is possible but problematic. Your fiance entering the USA again with a used K1 visa in his passport and no Advance Parole is even more problematic. First you'll have to find a way to actually marry.


Why would it be a problem for him to come back to the U.S. for a visit? He left the country before the 90 days. If he followed the rules of the visa...didn't get married and left before the 90 days. I realize that he would have to bring strong ties to the UK but I can't imagine that there aren't people who have decided not to get married for whatever reason and have come back to the U.S. for vacation or whatever.
jkminneyFemaleUnited Kingdom2010-05-17 06:00:00
IR-1 / CR-1 Spouse Visa Process & Procedurescr1 possibility
Brief history...filed for K1 visa, received visa, fiance came into the U.S. was here about 6 wks and had to go back due to an illness in the family. If we were to get married are we able to go through the CR1 process? I will mention that about 8 years ago I did go through the AOS process with my ex husband. I thought I've read somewhere that if you've filed a certain number of petitions you would need to file a waiver? I wasn't sure if it was you were filing for the same sort of visa or if it mattered that they are different. We want to get married and have a life just not sure what to do because of this rather large bump in the road what our next step should be. Any help would be appreciated....it's been the week from hell for us as far as trying to make the best decision possible given the situation.

Thanks everyone for all the help along the way....looks like I'll be needing it a little longer than I orginally thought!
jkminneyFemaleUnited Kingdom2010-05-16 20:29:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHe's on his way!!!!
Quick background..fiance came on a K1 visa in April, due to a family emergency he had to leave prior to us having been married. We have been really concerned that when he tried to come back for a visit that they wouldn't allow him in. Well he's on his way now and cleared BPC in Dublin with only 2 questions. Why we didn't get married and why he left when he came in, followed by enjoy your visit! He did make sure to tell John that he wasn't able to stay unless he had another visa, which we are perfectly aware of. So now we'll be able to get married and start the CR1 process. When he told me he got through I sat with my mom and cried at 5 am. I'm so excited to finally be able to get married and know that in about 9 months we'll be done with all this immigration stuff for the most part. Thanks for all your input and guidence. I'm sure I'll need more through the CR1 process. Just wanted to say thank you to everyone who's given their advice!
jkminneyFemaleUnited Kingdom2010-10-16 07:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion I-130

C-17 is asking for information about the relative, so it would be a list of the beneficiaries children, not the petitioners.


Well I didn't know if USCIS consider step children as "his" children. Years ago I filed for my ex husband and lawyers did actually list my daughter in that particular area so now I'm torn as to if I should or shouldnt list the children. I've got documents that had been submitted 10 years ago that were approved that have it on there but to me I wouldnt think I should put it on cuz they aren't technically his children?
jkminneyFemaleUnited Kingdom2010-10-27 10:39:00
IR-1 / CR-1 Spouse Visa Process & ProceduresQuestion I-130
On question C-17 on the I-130 where it says list husband/wife and all children of your relative. I realize I would put my name on there but would I list my children/his step children in that spot? The other question is now that the I-94 is being phased out...he didn't get one this time when he came in through Dublin, on the application where it wants you to list an arrival/departure number since he's still in the country what should I put there? N/A? Everything else is easy peasy those were the only 2 questions I had...so far anyway :) Any info would be greatly appreciated.
jkminneyFemaleUnited Kingdom2010-10-27 10:20:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmaiden name error

The proper way to correct an error is to draw a single line through the error and, provided there is room write the correct entry. If there is no room do as mentioned above and write see attachment. Also, it is standard practice to initial the change. NEVER use white out.


There is room for the change. I didnt even notice, my husband said to me last night you realize you put McGonigle where it says maiden name is that right? Which I responded with a big F$&K! ha! That was the only thing I was waiting to get back before I sent the packet off so I was cursing myself!
jkminneyFemaleUnited Kingdom2011-02-19 07:43:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmaiden name error
I mistakenly put my married name in the spot on the G325 my husband had to sign...are you able to white out..draw a line through and initial....whatever to change it to my maiden name or do I have to have him send another form? I could kick myself!
jkminneyFemaleUnited Kingdom2011-02-18 19:24:00
K-1 Fiance(e) Visa Process & ProceduresTouched
QUOTE (Paris Heart @ Sep 24 2009, 09:20 PM) <{POST_SNAPBACK}>
QUOTE (jkminney @ Sep 24 2009, 09:17 PM) <{POST_SNAPBACK}>
This may seem like a really daft question...But I've noticed that people have written "touched" on their status changes. How do you know when your case has been "touched"?

Thanks!



On the USCIS website, you create a account for yourself, and when your "touched" it shows by the Last Updated column, when the date changes, you've been touched!!



I signed up for that today. I went through the AOS process with my ex husband but that's been years ago and they didn't have the option to have your status updated online. I knew I was missing something! Thank you for the information. I think this is a fantastic site. I'm really excited and nervous about the entire thing. It's hard knowing that someone else has the power to determine the outcome of your life!
jkminneyFemaleUnited Kingdom2009-09-24 21:40:00
K-1 Fiance(e) Visa Process & ProceduresTouched
This may seem like a really daft question...But I've noticed that people have written "touched" on their status changes. How do you know when your case has been "touched"?

Thanks!
jkminneyFemaleUnited Kingdom2009-09-24 21:17:00
K-1 Fiance(e) Visa Process & ProceduresK-1 estimated timelines
QUOTE (johnnybgood265 @ Sep 28 2009, 09:07 AM) <{POST_SNAPBACK}>
First click on my assistant , then look for: Edit / Add my Timeline
But just remenber the time line will keep changing weekly. Goodluck


I understand that it will change I'm just wondering why it changes more early in the process vs later in the process. Does anyone know why it does that?

jkminneyFemaleUnited Kingdom2009-09-28 09:16:00
K-1 Fiance(e) Visa Process & ProceduresK-1 estimated timelines
QUOTE (amykathleen2005 @ Sep 27 2009, 08:11 PM) <{POST_SNAPBACK}>
QUOTE (jkminney @ Sep 27 2009, 09:07 PM) <{POST_SNAPBACK}>
I'm reading posts where people are referring to their "estimated timeline". Where are they finding these estimated timelines at? I've seen Igor's overall list that shows how many people have pending applications, I see where people post how far along they've come. But if there is somewhere that gives me an estimated date as to when the NOA2 would come I would LOVE to know where that is! I know everyone is excited about the possibilty of those petitions being processed fairly quickly so without getting too excited I would appreciate knowing where to find it!

Thanks!



Click "Immigration Timelines" on the horizontal menu above. On the very left hand side it says edit/add entry. Here you can make your own timeline with your own info and it will predict when your NOA2 will come. It may change drastically early on, but gets more accurate the closer you get to the date.

Because you filed so recently it may say not enough info yet to predict. Just give it a few days and come back if this happens.


Why is it that it would change so much at the beginning but not so much towards the end? Is it just because as peoples NOA2 start coming it the system gets a better indication as to how long it may ACTUALLY be taking?

jkminneyFemaleUnited Kingdom2009-09-28 08:54:00
K-1 Fiance(e) Visa Process & ProceduresK-1 estimated timelines
QUOTE (amykathleen2005 @ Sep 27 2009, 08:11 PM) <{POST_SNAPBACK}>
QUOTE (jkminney @ Sep 27 2009, 09:07 PM) <{POST_SNAPBACK}>
I'm reading posts where people are referring to their "estimated timeline". Where are they finding these estimated timelines at? I've seen Igor's overall list that shows how many people have pending applications, I see where people post how far along they've come. But if there is somewhere that gives me an estimated date as to when the NOA2 would come I would LOVE to know where that is! I know everyone is excited about the possibilty of those petitions being processed fairly quickly so without getting too excited I would appreciate knowing where to find it!

Thanks!



Click "Immigration Timelines" on the horizontal menu above. On the very left hand side it says edit/add entry. Here you can make your own timeline with your own info and it will predict when your NOA2 will come. It may change drastically early on, but gets more accurate the closer you get to the date.

Because you filed so recently it may say not enough info yet to predict. Just give it a few days and come back if this happens.



Thank you very much. I'm so new to this I'm trying to figure it out and all the little details of it.
jkminneyFemaleUnited Kingdom2009-09-27 20:14:00
K-1 Fiance(e) Visa Process & ProceduresK-1 estimated timelines
I'm reading posts where people are referring to their "estimated timeline". Where are they finding these estimated timelines at? I've seen Igor's overall list that shows how many people have pending applications, I see where people post how far along they've come. But if there is somewhere that gives me an estimated date as to when the NOA2 would come I would LOVE to know where that is! I know everyone is excited about the possibilty of those petitions being processed fairly quickly so without getting too excited I would appreciate knowing where to find it!

Thanks!
jkminneyFemaleUnited Kingdom2009-09-27 20:07:00
K-1 Fiance(e) Visa Process & Procedures2nd Affidavit of Support
QUOTE (pushbrk @ Oct 3 2009, 11:51 AM) <{POST_SNAPBACK}>
QUOTE (Ian and Lisa @ Oct 3 2009, 09:46 AM) <{POST_SNAPBACK}>
QUOTE (jkminney @ Oct 3 2009, 10:40 AM) <{POST_SNAPBACK}>
QUOTE (thepizzadude @ Oct 3 2009, 10:36 AM) <{POST_SNAPBACK}>
Just answer the question don't read too much into it and wait and see what happens. I am certain they have access to the info they need to do what they need to do with your information.


Well my major concern is that if I don't have what they want when I go then I'm going to be buggered. I just want them to have the info to make an informed decision. I know I have to put him down on the for that's no worry but I just want to make sure they know that he DOES have 40 qualifying quarters of work and he's not my problem anymore HAHAHAHA!


I bet they can look all that up. If you're concerned, maybe a cover letter or an addendum to the form would help?


I would simply write a cover letter for the I-134 and include your former husband's SSN and your own statement, he has 40 quarters of work already.



Thanks guys. I was thinking I should just write a cover letter to it and attach a letter from him as well. He's being helpful so it wouldn't be any bother.
jkminneyFemaleUnited Kingdom2009-10-03 12:30:00
K-1 Fiance(e) Visa Process & Procedures2nd Affidavit of Support
QUOTE (thepizzadude @ Oct 3 2009, 10:36 AM) <{POST_SNAPBACK}>
Just answer the question don't read too much into it and wait and see what happens. I am certain they have access to the info they need to do what they need to do with your information.


Well my major concern is that if I don't have what they want when I go then I'm going to be buggered. I just want them to have the info to make an informed decision. I know I have to put him down on the for that's no worry but I just want to make sure they know that he DOES have 40 qualifying quarters of work and he's not my problem anymore HAHAHAHA!
jkminneyFemaleUnited Kingdom2009-10-03 10:40:00
K-1 Fiance(e) Visa Process & Procedures2nd Affidavit of Support
Ok here's the situation:

My ex husband was here on a work visa when i met him. We got married in 2003 we did an AOS I had to fill out an I-864 for him even though he was the bread winner. Fast forward to now: I'm going to have to fill out an I-134 for my fiance, and on there it askes if you've previously filed an affidavit of support. I know I need to list my ex huband however he has 40 qualifying quarters of work so financially I'm not longer responsible for him per USCIS. So do you suggest that I have my ex husband write a letter and provide me with the info from SSA stating he has the qualifying work quarters? I'm concerned that during the interview they may think I am still repsonsible for him and count him as another person in my household. I'm not THAT far above the guidelines for the number of people in my house as it is. Suggestions??

Thanks!

Jaymie
jkminneyFemaleUnited Kingdom2009-10-03 10:05:00
K-1 Fiance(e) Visa Process & ProceduresIs this real - NOA2 in just over a month?
QUOTE (hawkeyesk @ Oct 3 2009, 10:20 AM) <{POST_SNAPBACK}>
I cannot believe my eyes, just received a NOA2 email for my I129F petition in my email box this morning and the application status on USCIS website is "Post-Decision Activities"

---------------------------------
*** DO NOT RESPOND TO THIS E-MAIL ***

The last processing action taken on your case

Receipt Number: EAC09XXXXXXXX

Application Type: I129F , PETITION FOR FIANCE(E)

Current Status: Approval notice sent.

On October 2, 2009, we mailed you a notice that we have approved this I129F PETITION FOR FIANCE(E). Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.



If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

*Current processing times can be found on the USCIS website at www.uscis.gov under Check My Case Status and Check Processing Times.
*** Please do not respond to this e-mail message.

Sincerely,

The U.S. Citizenship and Immigration Services (USCIS)
---------------------------------

Is this the NOA2? I'm an August 2009 filer, sent in my petition on 08/17/2009 and looks like it got approved! Is this real?

In any case, I would like to thank all the members on this forum in helping me to filled out all the forms and walked through the process. The information on this website is invaluable. For members who are still waiting for their approvals, hang in there, miracle can happen!

Now, hopefully the remaining steps are quick and smooth and I can soon reunite with my fiancee:)


Congrats...Looks like VSC is still on a roll!
jkminneyFemaleUnited Kingdom2009-10-03 10:23:00
K-1 Fiance(e) Visa Process & ProceduresPrevious I864 new I134
QUOTE (Anh map @ Oct 6 2009, 03:57 PM) <{POST_SNAPBACK}>
My history is similar to yours and I did not distinguish on the I-134, just entered the ex's name and increased my household size by 1.


My ex husband actually has 40 qualifying quarters of work so I'm going to give supporting evidence of that so I dont need to add another person to my household smile.gif
jkminneyFemaleUnited Kingdom2009-10-06 16:22:00
K-1 Fiance(e) Visa Process & ProceduresPrevious I864 new I134
I have filed an I-864 for my ex husband. He was here on a work visa when we got married so I haven't had to do any of this K1 business before! blink.gif I'm going to have to fill out an I-134 for the K-1. Where it asks if I have previously submitted an affdavit of support I believe I should write my ex husbands name in there and the date, but do I need to point out that it was an I-864 and NOT an I-134 previously?
jkminneyFemaleUnited Kingdom2009-10-06 15:50:00
K-1 Fiance(e) Visa Process & ProceduresTax Transcripts
In 2008 my ex husband and I filed our taxes joint 1 last time because it was going to be more beneficial for him as far as what he would owe and me being the kind person I am didn't want to screw him...anyway smile.gif When I requested my tax transcripts for the past 3 years they didn't seperate the total income. It has all of the income from the both of us listed so how is it that when they look over this when I put it with the Affidavit of Support that they are going to know how much out of that return I actually made? I suppose at the end of the day it doesn't matter what I made because they base it off what I make now. I'm hoping that we don't have an interview prior to having done my 2009 taxes but I'm just trying to make sure I'm sort of ahead of the game. Any input would be appreciated!
jkminneyFemaleUnited Kingdom2009-10-15 11:19:00
K-1 Fiance(e) Visa Process & ProceduresProcessing Times on USCIS website
QUOTE (Ian and Lisa @ Oct 20 2009, 11:10 AM) <{POST_SNAPBACK}>
QUOTE (jkminney @ Oct 19 2009, 09:08 PM) <{POST_SNAPBACK}>
When I go to the processing times on the USCIS website why are some of the rows green and some of them yellow?


I am not sure which chart you're looking at, but if you go here: https://egov.uscis.g...is/Dashboard.do you can plug in your WAC or EAC number and find the status of your particular case. The processing time for both service centers is 5 months.


Yeah I have already signed up for all that stuff and I know it's 5 months but when I go to the page that lists the processing times for ALL the different applications the CSC processes some are yellow while other application lines are green. For instance the I129f lines are green but the I129 and I130 are yellow.

I'm wondering if they just use a different color to seperate the different forms?
jkminneyFemaleUnited Kingdom2009-10-20 11:17:00
K-1 Fiance(e) Visa Process & ProceduresProcessing Times on USCIS website
When I go to the processing times on the USCIS website why are some of the rows green and some of them yellow?
jkminneyFemaleUnited Kingdom2009-10-19 21:08:00
K-1 Fiance(e) Visa Process & ProceduresLetter of intent
QUOTE (Stephen + Elisha @ Oct 28 2009, 03:13 PM) <{POST_SNAPBACK}>
First of all, don't stress about this. The "letters of intent" don't have to be formal letters at all—the instructions call for "original statements" of intent.

That said, most people structure their "original statements" as letters. Well and good. You structure the letter as you would any other business letter:
  1. At the top goes the writer's name and address. For your letter, use your name and address. Your fiance uses his name and address at the top of his. You do not include both addresses—all this will do is possibly confuse the adjudicator as to whose letter it is.
  2. Next comes the "inside address" of the addressee. For the I-129F submission, the addressee is the United States Citizenship and Immigration Services service center where you're filing. If you need to do a second letter of intent for the consulate, the addressee for that second letter will be the consulate. Do not include both addresses. Include the one address that is appropriate to your current stage in the process.
  3. Date the letter. The date should be the date the letter is signed. Don't write in a later date on your fiance's letter after you receive it from him.


When it comes time for the interview do you need to file ANOTHER letter of intent? We each filed one when we sent the packet just wondering if we both need to do knew letters at the time of the interview.

jkminneyFemaleUnited Kingdom2009-10-28 15:20:00
K-1 Fiance(e) Visa Process & ProceduresBorder...a reason for a deny?
QUOTE (Nik+Heather @ Nov 5 2009, 08:47 AM) <{POST_SNAPBACK}>
You are legally allowed to stay until the expiration of your I94. If it was the intent of the admitting officer to restrict you to your planned itinerary, she would have only stamped you in for the two months you stated. Extend your trip as you like, but don't overstay your I94.



It's really up to the officer that you see when you come through. A week ago my fiance came in POE Washington DC he had just left the U.S. back in August after having been here for 7 weeks. I was really nervous about him coming back and getting stopped but he actually said it was the easiest it's ever been. Simply asked what he was here for and how long he was staying. Obviously he answered the questions and the officer even told him to try to get an earlier flight so he wasn't stuck with such a long lay over. It's too bad people have such a hard time coming through
jkminneyFemaleUnited Kingdom2009-11-05 10:23:00
K-1 Fiance(e) Visa Process & ProceduresEMERGENCY!!!!
QUOTE (rwenstrom @ Sep 15 2009, 10:11 PM) <{POST_SNAPBACK}>
I'm at the Fedex Store right now & I've tried all day to send my first packet. Fedex nor UPS sends to a PO box, so what the heck am I supposed to do?

Does anyone have a quick address for the California Service Center that is a street address?

I seriously want to cry right now. I drove around for 30 minutes looking for this store & now I can't even send it :-(

HELP



Just go to the USPS and send it overnight. It will be about 17 bucks. They deliver to P.O. boxes
jkminneyFemaleUnited Kingdom2009-09-16 20:23:00
K-1 Fiance(e) Visa Process & ProceduresVisiting before the K1 process
QUOTE (Kathryn41 @ Nov 12 2009, 07:36 AM) <{POST_SNAPBACK}>
See my reply to your post in the Canada forum smile.gif



My fiance just came to visit for 2 months from the UK and he had NO problem getting in. He said that coming through this time was the easiest time he's ever had coming in to the U.S. There shouldn't be any reason you wouldn't be able to go visit.
jkminneyFemaleUnited Kingdom2009-11-12 09:28:00
K-1 Fiance(e) Visa Process & ProceduresVisiting Other Half while I-129F being processed...
QUOTE (frenzyheart @ Dec 8 2009, 08:44 AM) <{POST_SNAPBACK}>
Make sure you have PLENTY of ties back to UK - letter from your employer stating that you're expected to return on a certain date, rental agreement, etc. Then when you go through, just remember to never supply more than they ask of you. Just say that you're visiting your significant other (my fiance actually told him he was visiting his fiance this past time) and answer their questions. If you can, get your fiance to email a copy of NOA1 and print it off, and then you can show if they ask. Your only job when you enter the States is to help them to see that you have no intentions on staying permanently; that you're going through the process.

With all of that, you should be fine. When my fiance flew in last month, they didn't ask him about the pending visa at all, and all he took with him was a letter from his boss stating he had to be back to work on a certain date.

Try to relax; you'll be okay! smile.gif


My fiance came in from the UK on Halloween and didn't have much to show as far as evidence because he's been laid off. He actually said it was the easiest time he had coming in. The gentleman didn't question him at all. Just asked how long he was staying and looked at his itinerary and that was it....It's nothing to worry about!
jkminneyFemaleUnited Kingdom2009-12-08 09:51:00
K-1 Fiance(e) Visa Process & ProceduresRFE BEFORE NOA1?? Sounds weird to me
QUOTE (Guitarlo @ Dec 13 2009, 09:27 AM) <{POST_SNAPBACK}>
QUOTE (CaMic @ Dec 12 2009, 07:47 PM) <{POST_SNAPBACK}>
my fiance got a letter today asking for a certified copy of his divorce papers - he just sent a photocopy that the girl at the court gave him - no case number or anything. He sent the I129-F on 10th November and we've never had an NAO1, not been given a case number, this is the first we heard. Is this normal? I figured this was an RFE but how can it be if we haven't been given a case number to go with it?



In the I-129 directions, I believe it says "certified" copy of the divorce degree? I remember I mailed in a court sealed "certfied" copy. You may not have a case number yet because your application hasn't been processed to that level? In my opionion I would take that letter as an RFE and include it with a certified copy of the divorce papers. I'm surprised the court gave him something that wasn't certfied. Usually, that's standard procedure.

Good Luck.


Actually in the instructions it states that you must give "copies" of documents showing that the marriage was legally terminated. It doesn't show that during that initial phase they need to be certified.
jkminneyFemaleUnited Kingdom2009-12-13 10:51:00
K-1 Fiance(e) Visa Process & ProceduresEmployment History
Thanks for the quick response. I figured we needed to list it all but I think he's trying to get out of typing so much :) Just wanted to verify that I was correct. I can tell him I'm right as usual HAHAHA! Just kidding!
jkminneyFemaleUnited Kingdom2010-01-24 19:59:00
K-1 Fiance(e) Visa Process & ProceduresEmployment History
Ok on the DS 230 it states list employment history for the last 10 years. Do you list the times you were unemployed? Unlike the G325-A (states list employment history for last 5 years if none then so state) We did list the unemployment times on that form but I want to know if I need to list JUST employment on the DS 230 or do I list the unemployed time frames as well?
jkminneyFemaleUnited Kingdom2010-01-24 19:16:00
K-1 Fiance(e) Visa Process & ProceduresAny Irish citizen that did the K1 Fiance visa??

thanks all for the info... i want to get there now but I will have to be patient. Is it also true that if I wanted to marry in Ireland my wife would have to reside there for 6months before I can apply for Spousal Visa???

.

We did some research into getting married in Ireland and there are some residency requirements but I dont believe it's six months. If you just google getting married in Ireland requirement it will bring up a couple different sources for info. If you are married she's entitled to be there with you. There's probably something you need to file with the closest Garde. Like I said I'm not 100% sure but it wouldnt take much research to find out!
jkminneyFemaleUnited Kingdom2010-02-02 16:16:00
K-1 Fiance(e) Visa Process & ProceduresAny Irish citizen that did the K1 Fiance visa??

http://www.visajourn...p...=&dfilter=5



Thanks Tracy...maybe this will satisfy the "Irish" experience to his standards.
jkminneyFemaleUnited Kingdom2010-02-02 15:47:00
K-1 Fiance(e) Visa Process & ProceduresAny Irish citizen that did the K1 Fiance visa??

If the OP's fiance lives in the Republic the interview will be in Dublin - so their experience would be different than a beneficiary processing through London.


Yeah I understand that...but he asked about an Irish experience...I'm giving him one :)
jkminneyFemaleUnited Kingdom2010-02-02 15:02:00
K-1 Fiance(e) Visa Process & ProceduresAny Irish citizen that did the K1 Fiance visa??

Hi,

Anyone from Ireland do the Fiance visa. Just want to know what processing times you had to wait.. An any other info really would be a great help.

Thanks,


My fiance is an Irish citizen but living in England at the moment. We filed back in Sept and at this point have received packet 3 and returned it so the ball is in the London Embassy court right now! Seems to not be taking too long. We had planned on the process taking between 8-9 months so we are ahead of that timeline right now.
jkminneyFemaleUnited Kingdom2010-02-02 13:59:00
K-1 Fiance(e) Visa Process & ProceduresVisiting U.S.

Short answer: anybody who had ever a visa issued is NOT allowed to enter the US as participant of the VWP anymore. In English: he'll need a B2 in order to visit.


Bob your answer is WRONG. We contacted the local Border office and they said there's NO reason that someone can't enter the U.S. on a VWP as long as they weren't previously denied entry.
jkminneyFemaleUnited Kingdom2010-09-16 06:01:00
K-1 Fiance(e) Visa Process & ProceduresVisiting U.S.

Having and using a visa previously should not preclude him from using the VWP If he was denied a visa previously, that's what they care about.

I'm a little curious about why you have given up on the first K-1? Have you contacted the embassy to see if they would re-issue the K-1? Some people have had to leave before marriage due to family emergencies and they have been able to get the visa re-issued. No waiting for the petition again. It's worth a shot. They can't say yes, if you don' t even ask is what I say. Then, when he's there for the visit, get the wedding done, and apply for AOS in the first couple of days. Take the documentation of his mother's condition to get emergency AP for him to get home to her...

My sympathies for your troubles. Stinks that immigration issues have to multiply them!



I checked into them re-issuing the K-1 they in some circumstances will do it but you still have to get married withing the original 90 day window that he entered the country annd unfortunately for us that window has come and gone!

I'm pretty good about doing all the research ya know but this subject, someone actually coming for a visit AFTER they've had a K1 and their experience with coming through POE is nowhere to be found.

I'm assuming they will question him, and he'll have plenty of evidence of his return. Just sucks that you even have to worry about this stuff when all you want to do is spend some time together. I know that's part of being with someone from another country. To be fair I've never worried about him entering or having any major issues with POE until now...all because of a sticker in his passport lol.

We are being positive and hoping he doesn't have any issues and really it should be understandable by another human being that things happen. Plans dont always work the way we hope they do and all we can do is work with the situation we have.

Maybe I should send those people at the Dublin POE some suck up cookies and start schmoozing LOL. He'll be here the 16th of Oct if things go well. I'll keep you all posted on his experience. That way if someone else ever gets into a pickle like this again they can have some idea of what to expect.
jkminneyFemaleUnited Kingdom2010-09-16 05:59:00
K-1 Fiance(e) Visa Process & ProceduresVisiting U.S.

The fact that someone comes on a K1 visa and returns home in a timely manner demonstrates a commitment to obey US immigration laws. This can have a favorable outcome if handled properly. It might depend on the type of visa that you apply for.


He doesn't actually need a visa as he's from a VWP country.
jkminneyFemaleUnited Kingdom2010-09-13 15:35:00
K-1 Fiance(e) Visa Process & ProceduresVisiting U.S.
I know what we need to do now that's not the issue...My question was if anyone had ever come back to the U.S. for a VISIT only with having had a previous K1 visa in their passport. You know what kind of questions were asked at POE that sort of thing. He has plenty of ties to the UK. There was a valid reason for him having gone home and why we aren't ready to yet file for another K1 or start the CR1. We just want to spend the holidays together lol. We aren't trying to do an adjustment of status or anything like that. I just want to know if anyone has any ideas of what sort of questions will be asked...that's all.
jkminneyFemaleUnited Kingdom2010-09-13 13:02:00
K-1 Fiance(e) Visa Process & ProceduresVisiting U.S.
I know we'll have to refile that's not the issue. He just wants to be able to come spend the holiday season with me...that's all. We are waiting to refile anything until he's certain his mom is in a better state.

We booked the ticket through Dublin just in case they don't let him in. I was more curious if anyone else has come back for a visit/vacation after that visa is in their passport and what the situation was when they went through immigration. I can't imagine we are the only people who have had a situation like this. Come on the K1, have a family emergency, and want to come back for a visit...even if that visit wasn't to see the person they had the K1 with. I told him I think they will ask plenty of questions and he needs to know that. I'm just hoping because of his good record with coming and going they will see he's not trying to be sneaky.
jkminneyFemaleUnited Kingdom2010-09-12 07:45:00
K-1 Fiance(e) Visa Process & ProceduresVisiting U.S.
I'm not sure if I'm posting this in the correct area or not. Has anyone ever tried to visit the U.S. after a K1 visa was issued but the marriage didnt take place? Not trying to stay in the U.S. ONLY visit. My fiance left way before the 90 day period to be married would have been up. There was a family emergency and he left urgently. Because of the situation at home we don't want to refile any paper until we know for sure he will be able to get here and not have any further issues prior to receiving the advance parole. We haven't seen each other in 5 months and we just really are looking forward to the visit but I can't help but worry about that visa being in the passport and him going through immigration and them saying NO WAY BUDDY! LOL. Any input would be greatly appreciated. He's been here several times, never overstayed.
jkminneyFemaleUnited Kingdom2010-09-11 22:45:00